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Your brand is your most important asset. Dive into Indie Law’s resources to guide you through the maze of trademark law and keep your brand safe from copycats and infringers!

Can Your Former Business Partner Still Use Your Business Name?

Starting a business with someone usually begins with excitement, shared goals, and plenty of optimism. You brainstorm a great name, build a loyal customer base, and work together to create a brand people recognize and trust.

Then something changes.

Maybe you disagree about the future of the business. Maybe one partner wants to move on while the other wants to keep growing. Or maybe the partnership ends on bad terms.

Now you’re both asking the same question:

Who gets to keep using the business name?

The answer often surprises business owners. It isn’t determined by who came up with the name, who worked harder, or who believes they deserve it more. Instead, it comes down to one thing: legal ownership.

Here’s what you need to know if you’re ending a business partnership, or you want to avoid this problem before it ever starts.

Who Owns the Business Name?

When a partnership falls apart, it’s common for both sides to feel they have an equal claim to the brand.

One person may have created the name.

The other may have invested more money.

One may have handled marketing while the other managed day-to-day operations.

All of those contributions matter to the business, but they don’t necessarily determine who owns the trademark.

Trademark ownership depends on how the business was structured, how the trademark was registered (if it was registered at all), and what agreements exist between the owners.

In other words, the legal paperwork decides who has the right to continue using the name, not personal feelings about who deserves it more.

The First Question: Who Actually Owned the Trademark?

Before anyone can determine who gets to keep the business name, you need to know who legally owned it in the first place.

One Partner Owned the Trademark

If the trademark was registered in one individual’s name, that person generally retains ownership of the mark, assuming the registration accurately reflects how the trademark was used in commerce.

That doesn’t necessarily end every dispute, but it often provides a much clearer starting point.

The Business Entity Owned the Trademark

If the trademark is owned by an LLC or corporation, the business, not any individual partner, owns the brand.

In that situation, ownership of the trademark is tied to ownership of the company itself. Resolving the trademark usually becomes part of resolving the broader business breakup.

This is one reason many attorneys recommend having the business entity own valuable intellectual property whenever possible.

The Trademark Was Jointly Owned

Sometimes business partners register a trademark together or both claim ownership through years of shared use.

This can create one of the most difficult situations.

If both parties have ownership rights, neither may be able to make major decisions about the trademark without the other’s involvement. That can leave the brand in limbo while the former partners try to reach an agreement.

Why a Written Agreement Makes All the Difference

The easiest way to avoid these disputes is to decide ownership before there’s a disagreement.

A partnership agreement or LLC operating agreement can answer questions like:

  • Who owns the business name?
  • What happens if one partner leaves?
  • Can one owner buy out the other’s interest?
  • Who keeps the trademark if the business dissolves?
  • How will the trademark be valued?
  • What happens if the owners can’t agree?

Unfortunately, many small businesses never put these terms in writing.

When the relationship is strong, planning for a breakup feels unnecessary.

When the relationship ends, everyone wishes they had planned for it.

What Happens If There’s No Agreement?

Without a written roadmap, former partners often have to negotiate a solution.

One common option is a trademark assignment.

In an assignment, one owner formally transfers their rights to the other, usually in exchange for payment. Once the transfer is complete, the remaining owner has clear title to the trademark and can continue building the brand.

Another possibility is selling the trademark altogether and dividing the proceeds between the owners.

While that isn’t always the preferred outcome, it may make sense if neither party plans to continue using the business name.

Unfortunately, negotiations don’t always succeed.

When former partners can’t agree, the dispute can end up in court. Litigation over trademark ownership can be expensive, slow, and unpredictable. Even if one party ultimately prevails, the legal fees and business disruption can outweigh the value of the trademark itself.

That’s why preventing the dispute is almost always better than fighting one.

Why Trademark Registration Matters More Than You Think

Many small businesses rely solely on common law trademark rights because they’ve been using a name for years.

While common law rights can provide some protection, they often leave much more room for disagreement about who owns what.

A federal trademark registration creates a clearer legal record of ownership.

That makes it easier to:

  • Demonstrate who owns the mark.
  • Enforce your rights against others.
  • Transfer ownership through a formal assignment.
  • Include the trademark as part of a business sale or buyout.
  • Resolve ownership disputes with stronger evidence.

Registration won’t eliminate every disagreement, but it often makes the legal analysis far more straightforward than relying on informal claims of prior use.

The Bigger Lesson: Plan Before You Need To

Most business partners don’t expect the relationship to end.

If they did, they probably wouldn’t have started the business together.

But partnerships change for all kinds of reasons.

People retire.

Career goals shift.

Financial priorities change.

Sometimes personalities simply clash.

The best time to decide who owns the business name is while everyone is still working toward the same goal, not after trust has broken down.

Choosing the right ownership structure, registering the trademark properly, and documenting everyone’s rights in a written agreement can save thousands of dollars and months of uncertainty later.

For many businesses, having the LLC or corporation own the trademark, rather than the individual founders, can also reduce the risk that personal disputes become trademark disputes. Combined with a well-drafted operating agreement, this creates a much cleaner framework if the business ever changes hands or the owners decide to part ways.

The Bottom Line

When a business partnership ends, the question isn’t who worked harder or who came up with the business name first.

The real question is:

Who legally owns the trademark?

If that answer isn’t clear, former partners can find themselves negotiating, buying each other out, or fighting over a brand they built together.

A little planning at the beginning of the relationship can prevent a great deal of stress at the end.

Who Owns Your Trademark If You Die, Divorce, or Just Grow Apart?

When two people start a business together, trademark ownership usually isn’t the hardest conversation they’ll have. In fact, it often feels like the easiest.

“We’re building this together, so we’ll own it together.”

Simple enough.

But fast forward five years. One business partner unexpectedly passes away. Another gets divorced. Or maybe neither of those things happens. They simply stop getting along.

Suddenly, the trademark that customers recognize and trust becomes the center of a complicated legal dispute.

Joint trademark ownership isn’t inherently a bad idea. The problem is that many co-owners never discuss what happens when life changes. Without a written agreement, unexpected events can leave everyone involved — family members, business partners, and even customers — in a difficult position.

Here’s why planning ahead matters.

Joint Trademark Ownership Sounds Simple, Until It Isn’t

Just like a home or a bank account, a trademark can have more than one owner. Friends, spouses, siblings, or business partners may jointly own a brand from the very beginning.

The trouble is that a trademark isn’t just another piece of property.

A trademark represents the goodwill of a business, the reputation customers associate with your products or services. Decisions about how it’s used, licensed, enforced, or sold can directly affect the value of the business itself.

When everyone is getting along, shared ownership rarely causes problems.

When circumstances change, however, the lack of clear rules can create uncertainty that no one anticipated.

What Happens If a Co-Owner Dies?

Many people assume that if one owner dies, the surviving owner automatically ends up with the trademark.

That’s not usually how it works.

A deceased owner’s interest in a trademark generally becomes part of their estate. Depending on their estate plan and applicable law, that ownership interest may pass to a surviving spouse, children, a trust, or other heirs.

The new co-owner may have little interest in the business, or a completely different vision for the brand.

Imagine building a company with your best friend for ten years, only to discover that you’re now sharing ownership of the company’s trademark with someone who never worked in the business at all.

This isn’t just a hypothetical concern. Similar issues have surfaced in disputes involving band names, where the estate of a deceased member retained rights that affected how the band’s trademark could be used. These cases show how intellectual property rights often survive the original owner and continue to shape the future of a brand.

Without a written agreement addressing succession, surviving business owners can find themselves negotiating with heirs they never expected to become business partners.

Divorce Can Create Unexpected Trademark Owners

Death isn’t the only personal event that can affect trademark ownership.

Divorce can as well.

If you own part of a trademark, that ownership interest may be considered marital property depending on state law and the specific circumstances of your marriage.

During divorce proceedings, courts often divide marital assets, and intellectual property can be one of them.

That means a spouse who never designed the logo, met a customer, or worked a single day in the business could end up with a financial interest in one of your company’s most valuable assets.

For many entrepreneurs, this comes as a surprise.

Business owners often think of trademarks as separate from their personal lives. But when ownership is held personally rather than through a business entity, personal legal events can have very real business consequences.

The exact outcome varies from state to state, but the possibility alone is enough to justify careful planning before problems arise.

Sometimes People Simply Grow Apart

Not every partnership ends because of tragedy or divorce.

Sometimes people just change.

Friends develop different priorities. Business partners disagree about the company’s future. One wants to expand while the other wants to slow down. One wants to sell the business while the other wants to keep it for another decade.

Without a written ownership agreement, both owners may continue to hold equal rights in the trademark.

That can create a frustrating stalemate.

  • Can one owner license the trademark?
  • Can they sell their ownership interest?
  • Who decides whether to pursue an infringement lawsuit?
  • Can one owner stop the other from making important business decisions?

Without predetermined answers, disagreements can quickly escalate into litigation.

Even if a lawsuit never happens, uncertainty over trademark rights can make it harder to attract investors, negotiate acquisitions, or maintain consistent branding. Customers may become confused if different owners begin using the mark in different ways, weakening the very goodwill the trademark was meant to protect.

How to Protect Your Trademark Before Problems Start

Fortunately, these situations are largely preventable.

The best time to address ownership issues is at the beginning of the business relationship, not after emotions are already running high.

A well-drafted ownership agreement should answer questions like:

  • Who owns what percentage of the trademark?
  • Who has authority to make decisions about the brand?
  • What happens if one owner wants to leave?
  • What happens if an owner dies?
  • What happens after a divorce?
  • Can an owner sell or transfer their interest?
  • How will disputes be resolved?

These conversations may feel uncomfortable when everyone is optimistic about the future.

They’re much more uncomfortable after relationships have broken down.

Consider Letting the Business Own the Trademark

In many cases, it’s cleaner for an LLC or corporation to own the trademark rather than the individual founders.

When the business entity owns the mark, personal events like death or divorce are generally less likely to directly affect trademark ownership. Changes in ownership can often be handled through the company’s operating agreement or shareholder agreement instead of altering the trademark itself.

This is actually something we help with directly. As part of our trademark packages, we can also handle your LLC formation, so your ownership structure and your trademark protection are set up the right way from day one.

Buy-Sell Provisions Can Save Everyone Headaches

Another valuable planning tool is a buy-sell agreement.

These provisions establish what happens if an owner wants or needs to exit.

They can specify:

  • How a departing owner’s interest will be valued.
  • Who has the first right to purchase it.
  • When transfers must occur.
  • Whether outside buyers are allowed.
  • How ownership passes after death or disability.

Rather than leaving these issues to negotiation during an already stressful situation, the parties follow rules they agreed to when everyone was still on the same page.

The Bottom Line

Joint trademark ownership isn’t the problem.

Silence is.

Whether you’re launching a business with a friend, family member, spouse, or longtime partner, assuming everything will always work out isn’t a legal strategy.

Life changes.

People pass away.

Marriages end.

Business relationships evolve.

A few pages of thoughtful legal planning today can prevent years of conflict tomorrow and help ensure that the brand you’ve worked so hard to build remains protected no matter what life brings.

Protect Your Brand Before Life Gets Complicated

If you co-own a trademark, or you’re about to file one jointly, don’t wait until a major life event forces difficult legal decisions.

Book a free consultation with us, and we’ll help you structure ownership the right way from the start, put clear agreements in place, and build a plan that protects both your business and your relationships.

WWE’s New RKO Trademark Filing Highlights an Important Lesson About Trademark Protection

Wrestling fans know “RKO” as one of the most famous finishing moves in the business. But outside the ring, those three letters are now part of a trademark story every business owner should pay attention to.

WWE recently filed a new trademark application for RKO, and it’s putting a spotlight on something a lot of business owners get wrong: trademark law isn’t as simple as filling out a form and calling it done. Whether an application succeeds depends on the goods or services involved, what’s already registered, and whether consumers might get confused. WWE’s filing is a good excuse to walk through why that matters, especially if you’re building a brand of your own.

Trademark Rights Aren’t Always Absolute

Here’s the part most people get wrong: registering a name doesn’t automatically stop anyone else from ever using it. Your trademark rights are tied to specific goods and services, not to the name itself in some universal sense.

When you file a federal trademark application with the USPTO, you have to say exactly how you’ll use the mark. You might get rights for clothing, entertainment, software, or something else entirely, but those rights don’t automatically stretch into every industry.

That’s why two businesses can sometimes own the same or similar trademark without either one violating the other’s rights. As long as customers aren’t likely to think the products come from the same source, both registrations can coexist.

Why the USPTO Reviews Similar Trademarks

Every application goes through an examination process, and one of the biggest questions the USPTO asks is whether your mark is likely to confuse consumers with an existing one. This is what’s called a “likelihood of confusion” review, and it looks at things like how similar the marks sound and look, how related the goods or services are, and how customers actually encounter these products in the real world.

It’s designed to protect two things at once: customers who don’t want to accidentally buy from the wrong company, and businesses that have put real time and money into building their name.

Even huge companies aren’t exempt. Large corporations get “office actions,” which is just the USPTO’s way of saying “we have concerns, please respond,” all the time.

Famous Brands Still Face Trademark Challenges

You might assume a globally recognized brand sails through the trademark process. Fame can help strengthen certain legal arguments, but it doesn’t exempt anyone from the same requirements everyone else follows.

In fact, big companies often manage trademark portfolios with hundreds or thousands of registrations, and they file new ones constantly as they roll out new products, services, slogans, and logos. Plenty of those filings run into pushback from existing trademarks, which means legal arguments, amendments, or negotiations before registration happens.

The takeaway: trademark law applies the same way whether you’re a local startup or an international entertainment company.

Think Beyond What You’re Selling Today

Your trademark strategy should grow with your business, not just cover what you’re selling right now.

A lot of companies start by protecting one product or service. As the business grows, though, you may need new filings to cover what comes next. Say you start out selling apparel and later add courses, software, or content. Each new direction could need its own trademark protection.

Waiting until you’ve already expanded can create real headaches if someone else has locked down a similar mark in that space first.

Clearance Searches Matter

One of the smartest investments you can make before filing is a comprehensive clearance search.

A basic USPTO database search won’t catch everything. Common law rights (trademark rights built through actual use, even without a federal registration), state registrations, domain names, and marketplace use can all create legal risk that a surface-level search would miss.

A thorough search lets you catch potential conflicts before you’ve sunk money into branding, packaging, marketing, and product development. Changing your business name after you’ve already launched is almost always more expensive than catching the problem early.

Registration Is a Milestone, Not the Finish Line

Getting your federal registration is a big deal, but it’s not the end of the road.

You’ll still want to keep an eye on the marketplace for infringing uses, renew your registration when it’s due, and file new applications as your business evolves. Brand protection grows alongside your business. Companies that stay on top of their trademark portfolios are simply in a stronger position to enforce their rights and protect what they’ve built.

Key Takeaways

WWE’s latest trademark filing is a good reminder that trademark law is about a lot more than picking a name people will remember. Every application has to fit inside a legal framework built to protect businesses and consumers alike.

Whether you’re launching a new company, rolling out a product line, or expanding into new markets, a thoughtful trademark strategy now can save you real legal headaches later.

That’s exactly what we do all day, every day. If you want a second set of eyes on your brand, or you’re not sure whether you’re actually protected, book a free consultation with us. We’ll walk you through where you stand and what, if anything, you need to do next.

Joey Vitale — Founding Trademark Attorney at Indie Law

About the Author

Joey Vitale, Esq.

CEO & Founding Trademark Attorney at Indie Law®

Joey Vitale is the CEO & Founding Trademark Attorney at Indie Law, a trademark law firm that helps you get peace of mind knowing you legally own your brand. He and his team are on a mission to be the best brand protectors they can be, and they’ve filed well over 2,500 trademarks. In addition to being an award-winning attorney, Joey is an internationally renowned speaker and the host of the chart-topping podcast, The Passive Income Lawyer. Learn more →

Joey Vitale Was Featured on The Aspiring Solopreneur Podcast

We’re excited to share that Indie Law founder Joey Vitale was recently featured on The Aspiring Solopreneur podcast by LifeStarr!

In this episode, Joey sits down with hosts Carly Ries and Joe Rando to talk about why trademarks are the number one legal risk facing small businesses and what solopreneurs can do about it today.

If protecting your brand has been on your to-do list, this is a great place to start.

Listen to the full episode here.

 

Joey Vitale — CEO & Founding Trademark Attorney at Indie Law

ABOUT THE AUTHOR

Joey Vitale

CEO & Founding Trademark Attorney, Indie Law

Joey Vitale is the CEO & Founding Trademark Attorney at Indie Law, a trademark law firm that helps you get peace of mind knowing you legally own your brand. He and his team are on a mission to be the best brand protectors they can be, and they've filed well over 2,500 trademarks. In addition to being an award-winning attorney, Joey is an internationally renowned speaker and the host of the chart-topping podcast, The Passive Income Lawyer.

Learn more →

The USPTO Now Requires a Login to Access Its Database. Here’s What You Need to Know


The USPTO Now Requires a Login to Access Its Database. Here’s What You Need to Know.

If you’ve ever searched the USPTO database to check if a name was taken, or looked up the status of a trademark application, you could do all of that without logging in. No account needed. Just Google and go.

That’s changing.

As of June 18, 2026, the U.S. Patent and Trademark Office is rolling out new login requirements across its online tools. The biggest immediate change: the USPTO’s Open Data Portal, which houses trademark and patent datasets, prosecution histories, and public file records, now requires a USPTO.gov account to access.

And this is just the beginning. The USPTO has been steadily adding login requirements to more features, and the direction is clear. Anonymous access to federal trademark and patent data is going away.

Here’s what you need to know.


What Exactly Is Changing?

Starting June 18, 2026:

The Open Data Portal (ODP) requires a login. Previously, anyone could browse this database without an account. Now you need a USPTO.gov account. The ODP is the USPTO’s main hub for trademark and patent data, including application records, prosecution history, and bulk datasets.

The trademark search tool is moving toward requiring a login. For now, basic word searches are still available without an account. But advanced features like image search and detailed summary pages already require you to be logged in, and that list is likely to grow.

The Developer Hub has retired. As of May 29, 2026, the old Developer Hub shut down. All public data has been migrated to the ODP, and accessing APIs now requires a verified USPTO.gov account with ID.me identity verification.


Why Is the USPTO Doing This?

Basically, too many bots were hammering the system and slowing everything down. The USPTO’s fix? Require everyone, humans included, to log in. It’s a security move, an infrastructure move, and honestly, a long time coming.


What This Means for Business Owners

If you’re a business owner who has filed, or is thinking about filing, a trademark, here’s the practical impact:

  1. You’ll need to create an account. If you ever want to search the trademark database, check the status of your application, or look up public records, you’ll want a myUSPTO account. Creating one takes just a few minutes.
  2. Your day-to-day won’t change much (yet). If you’re working with a trademark attorney like our team at Indie Law, we’ve already got the accounts and access we need. This change mostly affects people who prefer to research or check on things independently.
  3. The trend is moving toward more authentication. We expect the USPTO to continue adding login requirements to more tools over time. Setting up your account now means you won’t be caught off guard later.


How to Create Your myUSPTO Account

It only takes a few minutes:

  1. Go to my.uspto.gov
  2. Click “Create a USPTO.gov account”
  3. Enter your email address and create a password
  4. Verify your email by clicking the link they send you
  5. Set up multi-factor authentication (MFA). You can use an authenticator app, email verification, or phone call.

That’s it. Once you’re set up, you can log in to search trademarks, check application statuses, and access the full range of USPTO online tools.

Pro tip: If you ever need to file documents directly with the USPTO rather than through your attorney, you’ll also want to verify your identity through ID.me. It requires a government-issued photo ID and takes around 15 to 30 minutes. But you likely won’t need this step unless you’re filing on your own.


What This Means If You’re an Indie Law Client

If you’re one of our clients, don’t worry. Our team already has the accounts and access we need to manage your trademark filings, monitor your applications, and handle everything on the USPTO side.

That said, we always encourage our clients to create their own myUSPTO account. It lets you independently check on the status of your trademark application whenever you want, without having to email us and wait for a response.


The Bigger Picture

This isn’t just a USPTO thing. The days of fully anonymous access to government databases are winding down across the board. The USPTO is just one of many agencies moving in this direction.

For trademark owners, the practical takeaway is simple: create your myUSPTO account now, before you need it. It takes five minutes, it’s no cost to you, and it ensures you’ll always have access to the tools and records that matter for your brand.

Joey Vitale — CEO & Founding Trademark Attorney at Indie Law

ABOUT THE AUTHOR

Joey Vitale

CEO & Founding Trademark Attorney, Indie Law

Joey Vitale is the CEO & Founding Trademark Attorney at Indie Law, a trademark law firm that helps you get peace of mind knowing you legally own your brand. He and his team are on a mission to be the best brand protectors they can be, and they've filed well over 2,500 trademarks. In addition to being an award-winning attorney, Joey is an internationally renowned speaker and the host of the chart-topping podcast, The Passive Income Lawyer.

Learn more →

Patagonia vs. Pattie Gonia: What This Trademark Dispute Teaches Business Owners About Brand Protection

Two environmentally-minded brands. One lawsuit. And a trademark battle that’s got the internet picking sides.

Patagonia (yes, that Patagonia) is suing drag performer and climate activist Pattie Gonia over her name. And while the legal arguments are genuinely interesting, the bigger story here is what this dispute teaches every business owner about protecting their brand.

Understanding the Dispute

Patagonia filed a trademark infringement lawsuit against Wyn Wiley, who performs and advocates under the name Pattie Gonia. The conflict started when Pattie Gonia sought trademark protection for her name in connection with apparel, environmental advocacy, and events.

Patagonia argues the names are too similar and could confuse consumers. The company says it spent years trying to resolve the matter before filing suit and that it’s only seeking $1 in damages. This isn’t really about money. It’s about protecting the trademark itself.

Pattie Gonia sees it differently. She says her name is a reference to the Patagonia region in South America, and that her work is rooted in parody and creative expression, not an attempt to impersonate a clothing company.

Both sides have reportedly exchanged settlement proposals, so this may still resolve before trial.

Why Trademark Owners Have to Enforce, Even When It’s Uncomfortable

Here’s something a lot of business owners don’t realize: you can’t selectively enforce your trademark rights. Letting some infringement slide while cracking down on others can actually weaken your legal protections over time.

That’s one of Patagonia’s core arguments here. If we don’t defend our mark consistently, it becomes harder to stop the next person and the one after that.

It’s one of the reasons companies pursue trademark disputes even when the PR optics are messy. Legal obligation and public perception don’t always point in the same direction.

The Consumer Confusion Question

At the heart of almost every trademark case is one question: would a reasonable consumer be confused about whether two brands are connected?

Patagonia argues yes, that consumers might assume Pattie Gonia’s products or activism are affiliated with or endorsed by the outdoor brand. Pattie Gonia’s camp argues her audience clearly understands the difference between a queer climate activist and a multinational corporation.

Several legal observers have suggested that proving confusion will be an uphill battle for Patagonia. But it’ll remain one of the central issues if this goes to trial.

For business owners, this is a good reminder: the confusion question matters before you launch a name too, not just after. A comprehensive trademark search can flag potential conflicts before you’re invested in a brand.

The Role of Parody in Trademark Law

This is where things get genuinely interesting.

Parody has real protection under trademark law. Courts recognize that satire, commentary, and humor deserve breathing room, especially when consumers aren’t likely to be genuinely confused.

Pattie Gonia has argued that wordplay and parody are central to drag culture, and that many of the examples Patagonia cited are fan art or playful nods rather than commercial misuse.

But parody has limits. When it crosses into commercial activity that creates real marketplace confusion, trademark owners have a stronger case. That tension between creative expression and commercial brand protection is exactly what makes this case so worth watching.

If you’re a creator, influencer, or entrepreneur building a brand that plays on cultural references or existing names, this case is a reminder to think carefully before you file. What feels like a clear creative choice to you might look like infringement to a trademark examiner or a corporate legal team.

When Winning in Court Isn’t the Whole Story

Maybe the most fascinating part of this dispute is the public reaction.

Patagonia has spent decades building a reputation as one of the most environmentally committed companies in the world. Pattie Gonia has raised millions for environmental causes and built a massive following doing the same kind of work.

So when one sued the other? A lot of people weren’t sure whose side to take.

Patagonia might win the legal argument and still lose something harder to rebuild: trust. That’s the reality of modern business. Legal strategy and reputation strategy have to work together, especially when a dispute is going to make headlines.

Why Settlement Usually Makes More Sense Than You’d Think

Both parties have reportedly exchanged settlement proposals, and honestly, that’s a good sign.

Settlement often gives businesses something litigation can’t:

  • Lower legal costs
  • Less negative publicity
  • More certainty about the outcome
  • The ability to move forward and focus on what actually matters

For Patagonia and Pattie Gonia, a negotiated resolution could let both of them get back to their environmental missions instead of fighting each other in court. And for any business watching this play out, it’s a good reminder that protecting your trademark doesn’t always mean going to war.

What Business Owners Should Take Away from This

  1. Register early. Trademark disputes are almost always cheaper to prevent than to fight. The sooner you register, the stronger your position.
  2. Enforcement has to be consistent. You don’t get to pick and choose which infringement to pursue. Inconsistency can undermine your rights down the line.
  3. Think about PR, not just legal strategy. If your enforcement action is going to attract attention, think through how it looks, not just whether it’s legally justified.
  4. Explore settlement before you escalate. Litigation is expensive, slow, and public. Early negotiation saves everyone time, money, and goodwill.
  5. Parody isn’t a guaranteed defense. Creative expression gets real protection, but it’s not a blank check. If your brand plays on an existing trademark, it’s worth getting a legal opinion before you file.

Final Thoughts

The Patagonia vs. Pattie Gonia case is a good reminder that trademark law doesn’t happen in a vacuum. Brand identity, public perception, creative expression, and legal obligation are all tangled up together.

If you’re building a brand and you’re not sure whether your name or logo is actually protected, this is your sign to find out.

Joey Vitale — CEO & Founding Trademark Attorney at Indie Law

ABOUT THE AUTHOR

Joey Vitale

CEO & Founding Trademark Attorney, Indie Law

Joey Vitale is the CEO & Founding Trademark Attorney at Indie Law, a trademark law firm that helps you get peace of mind knowing you legally own your brand. He and his team are on a mission to be the best brand protectors they can be, and they've filed well over 2,500 trademarks. In addition to being an award-winning attorney, Joey is an internationally renowned speaker and the host of the chart-topping podcast, The Passive Income Lawyer.

Learn more →

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Did you know?

Without Trademarks, You Have ZERO Rights To Your Brand.

We’re talking business names, logos, slogans… even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late.

So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.

Wanna see it?

UH, YES PLEASE!