Intellectual Property

A patent protects inventions and how things work; a trademark protects brand identifiers like names and logos; and a copyright protects original creative works such as writing, music, and art. They cover different things and are often used together.

You can build common-law rights simply by using the mark in commerce, but federal registration with the USPTO gives stronger, nationwide protection. Registration involves a searchable application, examination, and fees, and it helps to first check that the mark isn't already taken.

Fair use is a copyright defense allowing limited use of protected work without permission for purposes like commentary, criticism, news, teaching, or parody. Courts weigh factors including the purpose, the nature of the work, how much is used, and the effect on the market — it's fact-specific and not a guarantee.

Copyright exists automatically when an original work is fixed in a tangible form, so registration isn't required for basic protection. But registering with the U.S. Copyright Office is generally required before you sue and can unlock statutory damages and attorney's fees.

An NDA is a contract where parties agree to keep shared confidential information secret and use it only for a defined purpose. It's commonly used before sharing business plans, inventions, or trade secrets with employees, contractors, or potential partners.