Recently, I had a great discussion with Ashley Bince on Why I Left about why she left her job to start her trademark law practice, Bince Law. Not only was it a great discussion, which you should watch, but she shared rich information about how new business owners can protect themselves as they launch. So, I invited her to contribute to this piece.
As a solopreneur, protecting your intellectual property is crucial to the success and longevity of your business. Your ideas, products, and services are the heart of your brand and what sets you apart from your competitors. Trademarks and copyrights are two of the most important legal tools available to protect your intellectual property. In this article, we will explore the differences between trademarks and copyrights, why they are important for new businesses, and provide five key pieces of advice for solopreneurs looking to protect their brand.
The Difference Between Trademarks and Copyrights
Trademarks and copyrights protect distinct types of intellectual property. Trademarks protect the parts of your business that allow consumers to distinguish your brand from another, e.g., brand names, product names, logos, slogans. The U.S. Patent and Trademark Office (USPTO) oversees federal trademark registrations. For example, Nike’s swoosh logo is a trademark that identifies their brand.
On the other hand, copyrights protect original works of authorship in a tangible medium, e.g., movie scripts, songs, books, photographs. The U.S. Copyright Office handles copyright registrations. It protects the expression of an idea, but not the idea itself. For example, a photographer who takes a picture owns the copyright to that photo, which means that no one else can use that photo without their permission.
Both trademarks and copyrights are important to your business, but they are not synonymous.
Why Trademarks and Copyrights are Important
For a solopreneur, a trademark or copyright can be a valuable business asset. Trademarks help you establish your brand identity and protect it from being used by others. A strong trademark can also increase the value of your business by creating a positive reputation among your customers. Copyrights help you protect your original works from being copied, used, or distributed without your permission. This protection is essential if you want to maintain control over your creative works and ensure that you receive compensation for their use.
Without proper protection, businesses can face a variety of legal issues. For example, if someone uses your trademark without permission, they can dilute your brand or confuse your customers. If someone uses your copyrighted works without permission, you may lose control over your creative works and miss potential revenue. Therefore, it is important for solopreneurs to protect their intellectual property.
5 Key Pieces of Advice for Protecting Your Brand
- Conduct a trademark search
Before you start using a new brand name or logo, it’s important to conduct a trademark search to ensure that it’s not already in use. You can do this by checking Google and the U.S. Patent and Trademark Office’s database or hiring a trademark attorney to conduct a more thorough, comprehensive search.
Ashley says: “Once you think of that really great name for your business or brand, it’s important to know if anyone out there using the same name or a similar one in the same or a similar industry. If there is, that’s the best time for you to change it. Choosing another name before launching is better than a forced rebrand in the future.”
- Register your trademarks and copyrights
Registering your trademarks and copyrights with the USPTO and the U.S. Copyright Office provides added protection and legal rights. This makes it easier to enforce your rights if someone infringes on them.
Ashley says: “Registering your trademarks and copyrights provides nationwide notice of ownership and often grants the right to sue infringers in federal court. Without registration, proving ownership may be more difficult and limit damages that you’re able to receive.”
- Monitor for infringement
Keep an eye out for any use of your trademarks or copyrighted works by others without your permission. This can be done through regular searches on the internet, social media, and in the marketplace. You can also work with an attorney who can regularly monitor use of your intellectual property. If you find someone using your intellectual property without permission, act immediately to protect your rights.
Ashley says: “People often think that IP protection stops at registration, but it doesn’t! It’s important that you enforce your rights through well-drafted contracts and monitoring others’ use of your intellectual property assets. If you notice any infringement, you must enforce your rights.”
- Use the correct symbols
Always use the correct symbols to protect your works. Use the ™ symbol with your trademarks before registration and the © symbol once they are registered with the USPTO. For copyrights, you can use © with an original piece of work that you have created. These symbols put others on notice that you are claiming ownership of the mark or work and can help deter potential infringers.
- Work with an attorney
Intellectual property law can be complex, so it is important to work with an experienced attorney who can help you navigate the legal landscape. They can help with everything from registering your trademarks and copyrights to enforcing your rights if someone infringes on them.
Ashley says: “Hire an attorney early. A lot of times entrepreneurs will say, “I don’t have the money for that,” but the amount of money you can save from getting all of that done by a professional, early on, will save you a lot of money on the back end. Litigation costs resulting from a trademark or copyright lawsuit far exceed the cost of hiring an attorney at the outset. Working with an attorney early on allows you to lay a solid foundation for your business and is an integral budget item for any solopreneur.”
Examples of Infringement & Failure to Protect One’s Intellectual Property
There are many examples of trademark and copyright infringement, as well as businesses who did not protect their intellectual property, and the consequences can be severe.
TikTok
One example is the case of the social media platform TikTok, which has faced multiple copyright infringement claims. Several musicians have claimed that their music was used without permission in TikTok videos, which led to legal disputes and settlements. In some cases, TikTok has had to pay substantial amounts of money to the musicians whose works were infringed.
Kodak
Another well-known example of a business that did not protect its intellectual property is Kodak. Kodak was once a dominant player in the photography industry, but it did not protect its patents (another type of intellectual property) on digital photography technology. As a result, they missed the digital photography revolution, which ultimately led to their decline.
Coachella vs. Afrochella
Most recently, the Coachella Valley Music and Arts Festival, the concert giant behind Coachella, filed a trademark infringement lawsuit against the organizers of Afrochella, a Ghanaian music festival specializing in Afrobeats music. The suit filed in Los Angeles federal court in late 2022 alleges that Afrochella Ltd., which promotes an annual multi-day music and arts event in Ghana, is doing business under a name that is “confusingly similar” to the Coachella trademark.
The organizers of the popular Coachella festival are also pursuing cybersquatting claims against Afrochella Ltd. for use of the afrochella.com domain name. Following the lawsuit, Afrochella decided to change its name and will now be called Afro Future Fest.
Protecting your intellectual property is crucial for the success of your business, especially as a solopreneur. Trademarks and copyrights are important legal tools that can help you establish your brand identity and protect your creative works from being copied or used without your permission. By conducting a trademark search, registering your trademarks and copyrights, monitoring for infringement, using the correct symbols, and working with an attorney, you can protect your brand and ensure that your business thrives.
Failing to protect your intellectual property can lead to legal issues and lost revenue, as seen in the examples above. As a solopreneur, it is essential to prioritize protecting your brand and ensuring the longevity of your business.
If you need help better understanding how to protect your intellectual property, visit Ashley at www.bincelaw.com. There you will get the information you need to protect your brand today so your business can thrive tomorrow.
Summary:
Here are 5 ways for solopreneurs to protect their brand:
- Conduct a trademark search
- Register your trademarks and copyrights
- Monitor for infringement
- Use the correct symbols
- Work with an attorney
Thanks for reading!
Stay Curious,
Brian & Ashley
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Brian Aquart is the Founder & President of Kingswood Forest and Creator and Host of Why I Left, a podcast chronicling real stories from real people about why they left their jobs during the pandemic. Stay up to date with Brian on LinkedIn.
Ashley Bince is the Founder of Bince Law, a firm specializing in helping entrepreneurs and small business owners gain clarity and avoid the pitfalls of failing to protect their unique brands.
