Question 1

What happens during a first consultation?

Accepted Answer

What happens during a first consultation?

We start by understanding your business, what you've built, and what you're trying to protect or resolve. Bring any relevant materials — product descriptions, prior agreements, registrations, or correspondence. The first conversation is about scope and strategy: we identify the issues, outline realistic options and costs, and tell you honestly whether you need us yet. There's no obligation to engage after it.

New Clients

Question 2

When does an attorney–client relationship actually begin?

Accepted Answer

Only when both sides sign a written engagement agreement that defines the scope, fees, and responsibilities. Sending us an email, submitting a form, or having an initial call does not by itself create that relationship or make your information privileged. Until an engagement letter is signed, avoid sending confidential or sensitive details.

Question 3

How do you charge — hourly, flat, or contingency?

Accepted Answer

It depends on the matter. Flat fees work well for predictable work like trademark filings and standard agreements. Hourly suits litigation and open-ended counseling. We'll always give you an estimate and the billing structure in writing before work begins, and flag when a matter's scope changes.

Question 4

What information should I gather before reaching out?

Accepted Answer

A short description of your business and the issue, any deadlines you're aware of, and copies of relevant documents — registrations, contracts, demand letters, or the materials you want to protect. The more concrete the facts, the faster we can give you useful direction.

Question 5

What are the steps in the trademark registration process?

Accepted Answer

What are the steps in the trademark registration process?

At a high level: (1) a clearance search to assess availability and risk; (2) preparing and filing the application with the USPTO, identifying the right goods/services and filing basis; (3) examination by an examining attorney, who may issue an Office Action; (4) publication for opposition; and (5) registration, or for intent-to-use marks, a Statement of Use after the mark is in commerce. Start to finish typically runs many months, largely driven by USPTO timelines.

Trademarks

Question 6

Why do I need a trademark clearance search first?

Accepted Answer

A search surfaces existing marks that could block your application or expose you to an infringement claim. Filing without one risks wasted fees, a refusal, or a rebrand down the road after you've built goodwill. Clearance is cheap insurance relative to those outcomes.

Question 7

How long does it take to register a trademark?

Accepted Answer

If there are no refusals or oppositions, registration often takes roughly a year, though timelines shift with USPTO backlogs. Office Actions, extensions, or an intent-to-use basis (where you must later show use in commerce) can extend it. We manage the deadlines and keep you posted at each stage.

Question 8

What's the difference between ™ and ®?

Accepted Answer

You can use ™ to claim rights in a mark without any registration. The ® symbol may only be used once the mark is federally registered with the USPTO — using it before registration is improper. Federal registration brings significant advantages, including a legal presumption of validity and nationwide priority.

Question 9

What are the typical steps in litigation?

Accepted Answer

What are the typical steps in litigation?

Most disputes follow a similar arc: pre-suit assessment and demand; filing the complaint and the defendant's response; discovery (document exchange, written questions, and depositions); motion practice, including potential dispositive motions; settlement discussions or mediation, which resolve the large majority of cases; and, if needed, trial and possible appeal. Each phase has its own deadlines and cost profile, and many matters settle well before trial.

Litigation

Question 10

What drives the cost of a lawsuit?

Accepted Answer

Discovery is usually the biggest driver — the volume of documents, number of depositions, and disputes over scope. Motion practice, expert witnesses, and how aggressively the other side litigates also matter. We look for the cheapest path to your actual goal, which is often an early, well-positioned settlement rather than a trial.

Question 11

Will my case go to trial?

Accepted Answer

Probably not. The large majority of civil disputes resolve through settlement or alternative dispute resolution before trial. We prepare every matter as if it could be tried — that posture creates leverage — but we're candid about when settling serves you better than the cost and uncertainty of trial.

Question 12

I received a cease-and-desist letter. What should I do?

Accepted Answer

Don't ignore it and don't respond on your own first. Preserve all related documents, avoid destroying anything, and don't make admissions. Get the letter to counsel quickly so we can assess the claim's strength, your exposure, and the deadline, then craft a response — which is often very different from what the letter demands.

Question 13

What are the benefits of formally registering a business?

Accepted Answer

What are the benefits of formally registering a business?

Forming an entity such as an LLC or corporation generally separates your personal assets from business liabilities, adds credibility with customers and investors, can offer tax flexibility, and creates a clean structure for ownership, fundraising, and eventually selling the business. Operating informally leaves your personal assets exposed and complicates bringing on partners or investors.

Business Formation

Question 14

Should I form an LLC or a corporation?

Accepted Answer

It depends on your goals. LLCs are flexible and simple, with pass-through taxation — good for many small businesses. C-corporations are typically expected by venture investors and support stock options and multiple share classes. The right choice turns on funding plans, tax considerations, and how you intend to grow; we'll walk through the trade-offs for your situation.

Question 15

Why should founders assign their IP to the company?

Accepted Answer

Investors and acquirers expect the company — not individual founders or contractors — to own its core intellectual property. Without signed IP-assignment agreements, ownership can be unclear or sit with the wrong person, which can derail financing or a sale. Getting assignments in place early, including from contractors, is one of the cheapest and most valuable steps a young company can take.

Question 16

How is a patent different from a trademark or copyright?

Accepted Answer

How is a patent different from a trademark or copyright?

They protect different things. Patents protect inventions — how something works or is made. Trademarks protect brand identifiers like names and logos. Copyrights protect original creative works such as software code, writing, and designs. Many businesses need a mix; we help you figure out which forms of protection actually fit what you've built.

Patents

Question 17

How long does it take to get a patent?

Accepted Answer

Utility patents commonly take a few years from filing to issuance, depending on the technology area and USPTO backlog. A provisional application can secure an early filing date and give you twelve months to file the full application. Examination involves back-and-forth with an examiner, which affects timing.

Question 18

Can software or an algorithm be patented?

Accepted Answer

Sometimes. Software-related inventions can be patentable if claimed as a concrete technical improvement rather than an abstract idea, an area shaped heavily by Section 101 case law and USPTO guidance. Whether yours qualifies depends on how the invention is framed and claimed — that drafting strategy is where experienced counsel matters most.

Question 19

Do I need to register a copyright, and when?

Accepted Answer

Do I need to register a copyright, and when?

Copyright exists automatically once an original work is fixed in a tangible form, but federal registration is required before you can sue for infringement and, if done early enough, unlocks statutory damages and attorney's fees. For valuable works like software or core content, timely registration meaningfully strengthens your position.

Copyright

Question 20

Who owns work created by a contractor?

Accepted Answer

Often the contractor, not you — unless a written agreement assigns the work or makes it a work made for hire where that applies. This surprises many businesses. Always use a written agreement with clear IP-assignment language before a contractor begins, especially for code, designs, and content.

Question 21

How do I protect a trade secret?

Accepted Answer

How do I protect a trade secret?

Trade-secret protection depends on taking reasonable measures to keep the information secret: confidentiality agreements, access controls, marking sensitive materials, and clear onboarding and exit procedures for employees and contractors. Unlike patents, there's no registration — protection lasts as long as secrecy and reasonable measures are maintained.

Trade Secrets

Question 22

When should I use an NDA?

Accepted Answer

Use one before sharing non-public, valuable information — with prospective partners, contractors, investors in diligence, or employees with access to sensitive material. An NDA defines what's confidential and how it may be used, and it's evidence of the reasonable measures that trade-secret protection requires. That said, many sophisticated investors decline to sign them at the pitch stage.

Question 23

Does my website or app need Terms of Service and a Privacy Policy?

Accepted Answer

Does my website or app need Terms of Service and a Privacy Policy?

Almost always. Terms of Service set the rules for using your product and limit your liability; a Privacy Policy is often legally required once you collect personal data and must accurately describe what you collect and why. Generic copied templates frequently misstate your actual practices, which can create more risk than they remove.

Technology & Contracts

Question 24

Can open-source code create legal risk for my product?

Accepted Answer

Yes. Open-source licenses carry obligations — attribution, and for copyleft licenses, sometimes a requirement to release your own source under the same terms. Pulling in dependencies without tracking their licenses can quietly create compliance problems that surface during diligence or a dispute. A lightweight policy and periodic review keep it manageable.

Question 25

Who owns content or code generated by AI tools?

Accepted Answer

It's an unsettled and fast-moving area. Purely AI-generated output may not be protectable by copyright in the same way human-authored work is, and the terms of the AI tool you use can affect your rights and obligations. If AI is part of your product or content pipeline, it's worth a deliberate strategy rather than assuming default ownership.

Frequently asked questions

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