Frequently asked questions
Straight answers on working with us, litigation, trademarks, patents, copyright, business formation, and more. Search, filter by topic, or ask your own question below.
Copyright springs into existence automatically the moment an original work is fixed in tangible form — but registration still matters. You generally must register before you can sue for infringement, and registering early (within the statutory window) unlocks statutory damages and attorney's fees, which are often what make a case worth bringing. For anything valuable, like your software or signature content, register sooner rather than after a problem appears.
Copyright
Almost certainly. Terms of Service set the rules for using your product and cap your liability; a Privacy Policy is frequently required by law the moment you collect personal data, and it has to describe what you actually collect and why. The real trap is the copied template — it usually misstates your true practices, and a policy that's wrong can create more legal risk than having none. Tailor it to what your product genuinely does.
Technology & Contracts
By taking reasonable steps to keep it secret — that's the whole legal test. In practice that means confidentiality agreements, access controls so only the people who need the information have it, marking sensitive materials, and real onboarding and exit procedures for employees and contractors. There's no registration and no expiration: protection lasts exactly as long as the secret stays secret and your safeguards hold up.
Trade Secrets
They guard different things. A patent protects an invention — how something works or is made. A trademark protects brand identifiers like names and logos. A copyright protects original creative work, including software code, writing, and design. A single product often needs more than one: the device is patented, its name is trademarked, its code is copyrighted. We help you figure out which forms of protection actually fit what you've built — and which you can skip.
Patents
We start with your business: what you've built, and what you're trying to protect, license, or resolve. Bring whatever's relevant — product descriptions, prior agreements, registrations, demand letters, correspondence. The first conversation is about scope and strategy, not billable hours: we spot the real issues, lay out realistic options and rough costs, and tell you honestly whether you even need us yet. There's no obligation to engage afterward.
New Clients
Five, roughly. First, a clearance search to gauge availability and risk. Second, preparing and filing the USPTO application with the right goods and services and filing basis. Third, examination by a USPTO examining attorney, who may push back with an Office Action. Fourth, publication, during which others can oppose. Fifth, registration — or, for intent-to-use marks, a Statement of Use once you're actually selling under the mark. Plan on many months, most of it USPTO queue time you can't speed up.
Trademarks
Most disputes follow the same arc: a pre-suit assessment and demand; the complaint and the other side's response; discovery, where each side exchanges documents, answers written questions, and takes depositions; motion practice, sometimes including a motion to end the case early; settlement talks or mediation, which resolve the large majority of cases; and, only if needed, trial and a possible appeal. Each phase has its own deadlines and its own cost — and most matters never reach a courtroom.
Litigation
Forming an LLC or corporation puts a wall between your personal assets and your business's liabilities, so a problem at the company doesn't reach your house and savings. It also adds credibility with customers and investors, opens up tax flexibility, and gives you a clean structure for ownership, fundraising, and eventually a sale. Operating as an informal handshake leaves you personally exposed and makes bringing on partners or money far messier.
Business Formation