Learn what constitutes trademark infringement

'Dilution' is any use of a trademark that weakens its distinctiveness

Unlike trademark infringement that hinges on the likelihood of confusing customers, trademark dilution is an illegal practice that threatens the distinctiveness of a trademark. In the US, famous brands like Nike and Google have a right to protection from dilution.

Trademarks are a form of consumer protection

Trademarks help brands distinguish their products from competitors, but they also give consumers clarity around the product they are buying and where it comes from. Distinguishable names help prevent consumer confusion and maintain a consumer's ability to choose their preferred product and brand.

Trademarks are just one type of intellectual property

Intellectual property refers to any intangible "creation of the mind," which includes ideas, creative works, and even trade secrets. Trademarks, copyright, and patents are all protected by intellectual property laws—but each protection is separate and distinct.

Breaking down the main classes of intellectual property: trademark vs. copyright vs. patent

Trademarks, copyrights, and patents are all intellectual property classifications that give exclusive ownership of ideas and concepts to individuals or businesses. Patents usually refer to innovative products or processes, copyrights are centered around the right to reproduce content, and trademarks usually involve branding elements, like names, logos, and distinct product elements.

Listen to the pros and cons of owning a trademark as a small business owner

For many small business owners, it can be hard to decide when the time is right to file a trademark. This trademark lawyer says the decision often comes down to a product's branding, the size of the business, and how established the company is.

Trademarks protect the branding of a service or product, while patents protect the product or service itself

Trademark protections cover the branding of a service or product, like its logo, its smell, or even its shape. However, patent protections give inventors exclusive control over a new product—as long as those inventors disclose how the product works and how they made it.

Learn what different trademark symbols mean

In the US, brands can technically use a trademark without actually filing a trademark with the United States Patent and Trademark Office—which is where the ™ symbol comes from. However, brands that have officially filed trademarks can use the ® symbol in their branding.

Scents, when they are truly unique and identifiable to a particular brand, can be trademarked.

The value of a trademark is just one element of brand valuation

Brand valuations give companies an idea of how valuable assets, like logos, are to the company and can help determine how much money branding departments should receive. Typically, brand valuations are a compilation of brand awareness metrics, like a consumer's willingness to pay, the value of a trademark, and the company's market position.

'Genericide:' Learn how too much brand awareness can hurt a company's trademark

When a brand becomes so popular that consumers regularly call the product by the brand name like a noun or verb, that trademark becomes generic because consumers no longer associate a specific brand with a certain product. A generic product can hurt a company's right to trademark or even cause companies to lose it. (Some users may experience a paywall.)

The median trademark of public companies in the US is worth $22.5M

There are multiple approaches to evaluating the value of a trademark. Some strategies include analyzing the value of royalty payments a trademark produces and the cost of recreating the trademark or brand.

Non-use or lapsed filings can cause a trademark to expire

Going more than three consecutive years without using a trademark can be considered abandonment—which means the trademark falls into the public domain and someone else could potentially file for the trademark. Besides non-use, not maintaining the paperwork or paying the fees can result in a terminated trademark.

Search the official trademark database

The official trademark registry is managed by the United States Patent and Trademark Office. The registry shows the trademark's status, the owner, and the trademark's serial number.

The international trademark framework is called the Madrid Protocol

Trademarks vary from country to country, but an agreement called the Madrid Protocol allows trademark protections across more than 100 participating countries. While the Madrid Protocol expands trademark access, it doesn't necessarily grant blanket protections across the participating countries, meaning each country is still in charge of its own trademark enforcement.

Trade dress is a form of trademark that applies to the physical appearance of a product

Distinct visual characteristics of products, like the shape of a Coca-Cola bottle or the interior layout of an Apple store, can be protected. These characteristics are protected to help consumers quickly identify certain brands.

Frisbee, Jet Ski, and Dumpster—explore a list of words you might not realize are trademarked

Many products that have become household names started out as first-of-a-kind items. As those products grew in popularity, the brand name became the default name for the product.

Taylor Swift owns more than 300 trademarks—a strategic way she protects her brand

Taylor Swift holds trademarks ranging from her album titles and song lyrics to the names of her cats. While the sheer amount of trademarks may seem excessive, it's one way Taylor Swift can protect the integrity of her brand and make sure everything that's branded as Taylor Swift actually comes from her.

Read about the time Apple tried to trademark an actual apple in Switzerland

In 2017, tech company Apple filed for the trademark to a black-and-white image of a Granny Smith apple in Switzerland—a request that was only partially granted. Apple wanted full control over the image, but many worried that granting the trademark would open up too many opportunities for the company to own the rights to the mere shape of an apple.

Read the Federal Trade Commission's legal definition of a monopoly

The Federal Trade Commission and the US Department of Justice (DOJ) Antitrust Division are the regulatory agencies responsible for overseeing antitrust laws. Before deeming any company a monopoly or acknowledging monopolistic power in a market, the FTC conducts thorough research into market competition, price, and even other competitors' business practices.

Explore a list of trademarked phrases

Trademarks can extend to phrases and slogans when the words become brand identifiers. Some phrases that have been trademarked are famed boxing announcer Michael Buffer's "Let's get ready to rumble!" and reality television star Paris Hilton's "That's hot."

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

Patents arguably grant inventors monopolies for a short period of time

As a way to reward innovation, the government grants short-term monopolies on patented products. Patents block other companies from producing or selling that product, giving inventors the rights and opportunity to establish themselves in a market before other competitors enter.

Fair use may shield AI companies from potential copyright violations

AI models are trained on enormous datasets built from content scraped from websites across the internet. Copyright law includes a four-factor test to determine whether copies of content fall under fair use, but the law's enforcement has been inconsistent.

Modern fan fiction exists in a legal gray area

Modern copyright law prohibits using someone's intellectual property (like a character) without their permission. By and large, fan fiction is tacitly condoned by copyright holders because it's commonly distributed for free. If anything, the copyright holders often benefit by allowing passionate fan communities to flourish.

Insider trading is the practice of trading a company's securities based on material, nonpublic information.

The original Mickey Mouse's copyright has expired, but Disney still owns the trademark

In 2024, "Steamboat Willie"—the 1928 Walt Disney animation with the first depiction of Mickey Mouse—entered the public domain. While anyone is free to build on the original characters and storyline of "Steamboat Willie," Disney still owns the trademark for Mickey Mouse, so any branding with the character's depiction that appears to be from Disney is off-limits.

Graffiti exists in a legal gray area

"Street art" has become a major seller in the art world, yet many states still consider graffiti to be illegal vandalism. Copyright law complicates the situation further, offering protections for "original works of authorship fixed in a tangible medium of expression," even if they've been created illegally.

Brandenburg v. Ohio set the modern standard for when speech can be punished as incitement

A Ku Klux Klan leader's conviction for a threatening speech prompted the Supreme Court in 1969 to rule that speech is punishable as incitement only if it is directed at—and likely to produce—imminent lawless action.

What is a lien?

A lien is a legal claim or right to someone else's property, such as a home. For instance, if someone wins a lawsuit against you and they can’t immediately collect the money you owe them, they might have the right to file a lien against your property.

What's the difference between a stock and a share?

While the words "stock" and "share" are often used interchangeably in casual conversation, they have different meanings. For instance, "stock" is more general, whereas "share" is more precise.

While influencers try to make money off of their posts, that's not always the case for content creators.

Some argue that appropriation in pop art is simply plagiarism

Some of pop art’s most recognizable works rely on the art of appropriation, lifting advertisements, product images, and—in Roy Lichtenstein’s case—comic book panels drawn by other artists. Artnet dives into a 2023 documentary exploring the complicated legacy of appropriation and high versus low art through interviews with comic artists whose work Lichtenstein copied into million-dollar masterpieces.

Chapter 7 and Chapter 11 filings can impact common stockholders

Publicly traded companies don’t file for bankruptcy out of nowhere—there are typically warning signs in a stock’s performance, quarterly earnings calls, and US Securities and Exchange Commission filings.

An overview of monopolies, when one company controls an entire market

In the business world, a monopoly exists when one company controls the entire market. Regulators take issue with monopolies because they have been found to limit consumer choices, raise prices, and hurt competition.

Today, in the US, people can face years in prison for counterfeiting money

There are both federal and state laws that punish people who use or create counterfeit money. The crime can not only trigger hefty fines, but could also lead to decades behind bars.

In 2018, the Supreme Court sided with American Express in a case that significantly changed antitrust regulation.

The US Department of Justice sued Visa, Mastercard, and American Express in 2010 over alleged anticompetitive contracts with merchants. While Visa and Mastercard settled out of court, American Express went to trial and had its case taken all the way up to the Supreme Court—which ruled that both sides of a transaction business must be analyzed to determine a monopoly.

Retail investors are individuals who trade stock for themselves

Institutional investors, on the other hand, are investing for someone else. There are big differences between the two, one being that institutional investors can be granted certain special treatment (like being able to purchase IPOs right away).

Meta's acquisition strategy for Instagram and WhatsApp led to a 5-year-long antitrust lawsuit

In 2020, the Federal Trade Commission sued Meta as part of the agency's efforts to rein in big tech companies. The FTC alleged that Meta overpaid for Instagram and WhatsApp in a "buy or bury" strategy to gain access to those companies' talent and diminish competition. In 2025, a federal judge sided with Meta, citing intense change in the social media landscape.

When common sounds become disturbing

Misophonia causes certain sounds to feel violating, triggering a "very visceral kind of experience" filled with extremely unpleasant emotions, including annoyance, anger, and disgust. A 2017 study found that people with misophonia have elevated activity in the brain's anterior insula—a region associated with interoception, emotional processing, and behavioral responses—when exposed to trigger sounds. Ongoing research suggests trigger sound context affects the severity and manifestation of the condition.

How companies track you around the internet, explained

Being able to track how users behave on websites is a massive opportunity for companies to hone their products, target their ads, and more. Dozens of trackers are on the average website you visit, depending on how you deal with that site's cookie policy, and Google is the chief tracker of them all. Learn about these companies and what they are tracking with this informative blog visualization.

Explore important free-speech cases with a First Amendment litigator

Hosted by Ken White, the "Make No Law" podcast explores landmark First Amendment cases—from student speech to defamation—breaking down complex legal battles in an accessible way for lawyers and nonlawyers alike.

Breaking down the numbers on art theft trends

Cultural property theft has been on the rise in recent years, and the recovery rate of such artifacts is estimated to be below 10%. Explore dozens of other statistics here.

Art theft is the third-largest source of criminal revenues worldwide.

Fan fiction is an unauthorized reinterpretation of a copyrighted story

Writers have always reinterpreted and retold others' stories. (John Milton, for example, used characters from the Bible in "Paradise Lost.") Fan fiction, though, refers to unauthorized, creative retellings of copyrighted stories intended for other fans.

OSINT: How hackers find their marks

What is OSINT? How do hackers gather intel about targets? Just how much can they learn about you? Learn more as we dig in to the world of OSINT.

'Deinfluencing' explained

You’ve probably heard of influencers, but have you heard of “de-influencers?” Basically, the de-influencing trend started when creators began making videos about products you shouldn’t buy, rather than sponsored content promoting things you should purchase. Comedian Taylor Tomlinson recently cracked some jokes about the trend, and its companion “under consumption-core.”

Read about different levels of price discrimination

Price discrimination is a business practice in which different customers are charged different prices for the same product or service. It's one way for a business to boost profits and take advantage of its market position. There are three levels of price discrimination, differentiated by the consumers targeted and the reasons for discrimination.

The Fifth Amendment covers a wide range of legal protections for those accused of a crime

While it is widely known for the right against self-incrimination, the Fifth Amendment also protects against being charged for the same crime twice, requires grand jury indictments for serious crimes, and mandates compensation when the government takes private property for public use.

If a publisher wants to sell fan fiction, they encourage writers to change key details

Historically, companies that publish popular fan fiction have their authors change a few details—like character names, settings, or other details—to avoid potential copyright violations. Many believe the risk is worth the reward, though the legality remains murky. (Some users may experience a paywall.)

Temu was ordered to pay a $2M fine for alleged FTC violations

Specifically, Temu allegedly violated the INFORM Consumers Act of 2023 by failing to provide its customers with information and tools to help them avoid and report stolen, counterfeit, or unsafe goods.