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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 You Trademark a Salon Name, Signature Service, or Product Line?

If you run a salon, lash studio, barbershop, or a skincare line, your name is doing more work than you think. It is on the door, on the booking app, on the retail bottles, and in every post a happy client tags you in. It is the thing people search for when they want you specifically and not the studio two blocks over.

That is exactly why beauty businesses run into name problems more often than most industries.

The three names beauty pros usually need to protect

Most beauty businesses end up with more than one name worth protecting.

The business name. The salon, studio, or spa itself. This is the one clients search, tag, and recommend.

The signature service. The custom color technique, the facial protocol, the lash set you named yourself. If you built the name and you teach it or sell it, it can function as a trademark.

The product line. The moment you put your name on a bottle of oil, serum, or a hair mask, you are in a different lane than services. Products and services are protected separately, and a lot of beauty founders only find that out later.

You do not have to protect all three at once, but you do need to know which ones matter for where the business is going.

Why beauty names collide so often

Beauty naming trends move fast. Words like glow, luxe, gloss, mane, bare, and studio show up in thousands of business names. When you name a studio using the same vocabulary everyone else is using, two things happen. First, it is harder to get a registration, because the Trademark Office refuses names that are confusingly similar to earlier ones. Second, it is harder to enforce, because you are one of many.

The other collision risk is geographic. A lash studio in Kansas City and a lash studio in Tampa can operate for years without ever hearing about each other. Then one of them starts shipping product nationally, or goes viral, and suddenly two businesses are competing for the same name in the same online space. Federal registration decides that argument, and it usually favors whoever filed first.

What a registration actually gets you

A federal trademark registration gives you nationwide rights in your class of goods or services, a public record that puts other people on notice, and a much faster path when you need to get a copycat account removed from Instagram or a knockoff product pulled from Amazon. Most social platforms and marketplaces have brand protection processes that move quickly for registered marks and slowly, or not at all, without one.

It does not give you ownership of a common word in every context, and it does not stop every dispute before it starts. What it does is make you the one with the paperwork when a dispute happens.

When to file

The honest answer is earlier than most people do, and specifically before these three moments:

  • Before you invest in signage, packaging, or a rebrand.
  • Before you start selling retail products under the name.
  • Before you franchise, license, or teach the technique.

Filing before those moments is cheap. Rebranding after them is not.

What to do first

Start with a search, not an application. A proper search looks at federal registrations, pending applications, and common law use. It looks at similar-sounding and similar-meaning names, not just exact matches. That search tells you whether the name you love is worth building on.

If you want the beauty industry version of this conversation, including how we handle service marks, product lines, and signature techniques together, here is our overview for trademark protection for beauty professionals.

The short version: the name is the asset. Protect it while it is still cheap to protect.

Ready to protect your name?

If you are not sure which of your names to file first, that is exactly what a consult is for. Book a free consult with our team and we will walk through your salon name, your signature services, and your product line together.

One Letter Apart: What the UIndy Lawsuit Teaches Every Business About Name Confusion

Two universities in the same city, competing for the same students, are now in federal court over the difference between UIndy and IU Indy.

On August 11, 2026, the University of Indianapolis sued the trustees of Indiana University in the U.S. District Court for the Southern District of Indiana. The complaint brings claims for trademark infringement, unfair competition and false designation of origin, and trademark dilution. The dispute is about the shortened name IU uses for its Indianapolis campus after the former IUPUI split in July 2024 into IU Indianapolis and Purdue University in Indianapolis.

The University of Indianapolis has registered UINDY in various forms for more than twenty years and says it has used the nickname for close to twenty-four years. IU applied to register IU INDY in February 2024, and a year later, in February 2025, the University of Indianapolis filed an opposition at the Trademark Trial and Appeal Board. That is where this started, and the federal lawsuit is the escalation.

Why one letter matters more than people think

Most business owners assume that if a name is not identical, it is fine. That is not the test. The test is whether ordinary consumers are likely to be confused about who is behind the product or service.

UIndy and IU Indy are separated by the position of one letter. The two schools sit in the same city, sell the same thing, and reach the same buyers through the same channels, including apparel worn at sporting events. According to reporting on the dispute, the confusion has already shown up in real life, including misdirected deliveries and prospective students showing up at the wrong campus.

That is the pattern to watch. Similar name plus same market plus same customer equals risk, no matter how small the spelling difference looks on paper.

Three lessons for a small business

Being first is worth something, but only if you claimed it. The University of Indianapolis had a registration going back to 2003. That is why it can bring a federal case instead of arguing about who used the name first. Common law rights exist, but they are harder and more expensive to prove.

Watch what other people file. The University of Indianapolis knew about the IU INDY application because someone was paying attention to the trademark register. Opposing an application before it registers is usually less painful than fighting over a name that has been in the market for years.

Documented confusion is the strongest evidence there is. Mixed up emails, misdirected orders, customers who thank you for someone else’s work. Save it. Screenshot it. That file is what turns a hunch into a case.

What this does not mean

A pending lawsuit is not a decision. Indiana University has not answered these claims publicly, and courts weigh many factors before finding a likelihood of confusion, including how strong the original mark is and how careful buyers are. Nothing here predicts the result.

What it does show is how expensive a naming decision can become after the fact. Both schools have invested in signage, apparel, recruiting materials, and websites. Whichever way this ends, someone spent money on lawyers that could have gone somewhere better.

If your name is close to someone else’s

Run a real clearance search before you print anything. Look at the federal register, at state filings, and at what is actually being used in your market. If you find something close, that is not automatically a stop sign, but it is a reason to get an opinion before you scale.

If you are already in market and something similar shows up, act early. The longer both names are in front of customers, the harder it is to unwind, and the more the fight is about money instead of names.

If you are not sure whether your name is too close to something already out there, book a free consultation and we will run a comprehensive search before you commit to anything. You can also see how our flat-fee trademark application packages work.

Sources: The Indiana Lawyer, “University of Indianapolis sues IU in federal court over use of the phrase IU Indy,” Aug. 11, 2026. IPM News, “What’s in a name? UIndy sues IU Indy, alleging trademark violation,” Aug. 12, 2026. Open Campus, Apr. 9, 2026, for the February 2025 opposition background.

Can a Parody T-Shirt Get You Sued? What the Jack Daniel’s Case Still Means for Small Brands

Walk through any online marketplace, and you’ll find no shortage of parody merchandise.

T-shirts that twist famous beer logos. Tote bags that spoof luxury brands. Stickers that turn recognizable company names into punchlines. It’s become an entire category of products, especially on platforms like Etsy, TikTok Shop, and print-on-demand marketplaces.

Many creators assume they’re safe because “it’s obviously a joke.”

But that’s not necessarily true.

In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the U.S. Supreme Court made it clear that calling something a parody doesn’t automatically shield it from trademark infringement claims. If you’re using someone else’s trademark to help sell your own product, the legal analysis becomes much more complicated.

If you run a print-on-demand shop, sell novelty products, or build merchandise around memes and pop culture, here’s what you should know.

What Happened in the Jack Daniel’s Case?

The dispute centered on a dog toy called “Bad Spaniels.”

The toy was designed to resemble the famous Jack Daniel’s whiskey bottle, but with humorous changes. Instead of whiskey references, the label included dog-themed jokes and bathroom humor.

VIP Products, the company behind the toy, argued that the product was a parody protected by the First Amendment because it was expressive and clearly intended as a joke.

Jack Daniel’s disagreed.

The whiskey company claimed that the toy used its trademarks and trade dress in ways that could confuse consumers and damage its brand.

When the case reached the Supreme Court, the Justices did not decide whether the dog toy actually infringed Jack Daniel’s trademarks.

Instead, they answered a different legal question.

The Court held that when someone uses another company’s trademark as a trademark, meaning as part of identifying or branding the seller’s own goods, the defendant does not automatically receive a special First Amendment shortcut that had sometimes been applied in trademark cases involving expressive works.

The case was then sent back to the lower courts to apply the ordinary trademark infringement analysis.

In other words, simply saying “it’s parody” doesn’t end the conversation.

The Difference Between Commentary and Branding

One of the biggest takeaways from the decision is understanding the difference between commenting on a brand and using a brand to sell your own products.

Imagine a comedian telling jokes about a fast food chain during a stand-up routine.

Or a newspaper publishing an editorial criticizing a well-known company.

Those situations involve commentary.

Now imagine printing a shirt that closely copies a famous logo, changes a few words for humor, and sells thousands of copies because customers instantly recognize the original brand.

That’s different.

The product itself is using another company’s brand identity as part of what attracts buyers.

The closer your product gets to relying on someone else’s trademark to market itself, the more likely trademark law comes into play.

A simple question to ask yourself is:

Am I commenting on the brand, or am I using the brand to sell my own product?

The answer doesn’t automatically determine whether something is legal, but it points you toward the right legal analysis.

Why This Matters for Small Creative Businesses

This decision isn’t just relevant to large corporations.

It’s especially important for:

  • Print-on-demand businesses
  • Etsy sellers
  • TikTok Shop sellers
  • Meme creators expanding into merchandise
  • Artists selling novelty products
  • Small apparel brands

Many entrepreneurs assume that because parody products are common, they must be legally safe.

That’s a risky assumption.

Trademark owners don’t have to sue every seller.

But if your product becomes successful, or simply catches the attention of a brand owner, it can quickly become the subject of a cease and desist letter or lawsuit.

Popularity isn’t a legal defense.

Just because “everyone else is doing it” doesn’t mean the practice complies with trademark law.

This is similar to what we discussed in our article about dupe culture. Selling products that compete with a famous brand is generally allowed. Using another company’s trademark or brand identity to market your own products is where the legal risk often increases.

What Is Still Protected?

The Supreme Court did not eliminate parody.

Parody remains an important form of creative expression.

Genuine commentary, criticism, satire, journalism, artwork, and other expressive works continue to receive strong First Amendment protections.

The Jack Daniel’s decision simply reminds businesses that those protections don’t automatically override trademark law when a trademark is being used to identify or sell commercial goods.

That doesn’t mean every parody T-shirt is illegal.

It doesn’t mean every spoof product infringes someone’s trademark.

Instead, courts generally look at the facts, including whether consumers are likely to be confused about who made, sponsored, or approved the product.

That’s why there isn’t a simple checklist that guarantees a parody is legally safe.

Build Your Own Brand Instead

If you’re building a long-term business, the safest strategy isn’t finding increasingly clever ways to imitate someone else’s brand.

It’s creating one that’s unmistakably your own.

Develop your own name.

Design your own logo.

Create original artwork that customers recognize because of your creativity, not because it resembles someone else’s famous trademark.

Building an original brand gives you something valuable that can grow over time.

It also puts you in a much stronger position to protect your own intellectual property instead of worrying about someone else’s.

The Bottom Line

The Supreme Court didn’t say parody is illegal.

It also didn’t say parody automatically wins.

What the Court made clear is that simply labeling a product a parody doesn’t exempt it from trademark law when someone else’s trademark is being used to sell your own merchandise.

If your product depends on another company’s brand identity to attract customers, you’re taking on legal risk, even if your design is funny.

Before investing in a product line built around parody, spoof logos, or “inspired by” branding, it’s worth understanding where trademark law draws the line.

Have Questions About Your Product Line?

If you’re creating apparel, novelty items, print-on-demand products, or other merchandise inspired by pop culture, don’t assume that “it’s just a joke” will protect your business.

Whether you’re launching a new brand or evaluating an existing product line, we can help you identify potential risks before they become expensive legal problems.

Schedule a free consultation today to discuss your business, your products, and how to build a brand that’s creative, distinctive, and legally protected.

Trademark Attorney Warns: Waiting Too Long to Protect Your Business Could Force a Costly Rebrand

One letter from a stranger’s lawyer can unravel years of brand building. It happens more often than most business owners realize.

CHICAGO, IL. Business owners spend years building their brands. Their name is on their website, their packaging, their social media, their email list. Customers know them by it. And then one day, a letter arrives from an attorney they have never heard of, telling them to stop using it immediately.

According to trademark attorney Joey Vitale of Indie Law, this scenario plays out regularly. And it is almost always preventable.

“A cease and desist letter is one of the most disruptive things that can happen to a growing business,” said Vitale. “In most cases I see, it could have been avoided entirely if the owner had filed a trademark early on.”

Why Business Owners Wait

Most entrepreneurs put trademarks on the back burner. They are focused on building, selling, and growing. Legal protection feels like something to handle later. The problem is that trademark rights in the United States are largely first-come, first-served. Whoever files first generally wins.

That means another business in the same industry or market can file a trademark application for that name first. Once registered, they have the legal right to demand that the original owner stop using it.

“I have worked with business owners who had to change their name after five, seven, even ten years in business,” Vitale said. “New website. New packaging. New everything. The financial and emotional cost is enormous. And it didn’t have to happen.”

What a Forced Rebrand Actually Costs

The costs of rebranding go far beyond legal fees. Business owners face expenses tied to redesigning logos, updating websites, reprinting materials, notifying customers, and rebuilding search engine visibility under a new name. For established businesses, the total cost can reach tens of thousands of dollars or more.

Beyond the financial hit, there is the cost to customer trust and brand recognition. Years of referrals and reputation built under one name do not automatically transfer to a new one.

The Earlier They File, The Better

Federal trademark registration typically takes 9 to 12 months, sometimes longer. That means the best time for business owners to start the process is before a problem arises, not after. Filing early secures their place in line at the USPTO and puts the legal presumption of ownership on their side.

Indie Law focuses exclusively on trademark law and has helped over 2,500 businesses legally own their brands, with a 99.7% success rate.

“Trademark protection is not just a legal formality,” Vitale said. “It is how you make sure everything you’ve built actually belongs to you.”

What Business Owners Should Do Next

The first step is finding out whether a brand name is available and protectable. A comprehensive trademark search provides that answer. From there, an experienced trademark attorney can handle the entire filing process on the business owner’s behalf.

Business owners who want to protect their brand before it is too late can schedule a consultation with the Indie Law team.

About Indie Law

Indie Law is a trademark law firm serving entrepreneurs, creatives, and growing businesses across the United States. Founded by trademark attorney Joey Vitale, Indie Law focuses exclusively on trademark law, helping clients protect their brands through federal trademark registration, comprehensive searches, and ongoing brand monitoring. With over 2,500 trademarks filed and a 99.7% success rate, Indie Law is the trademark firm other law firms trust. Learn more at indielaw.com.

Ready to Protect Your Brand?

If your business name is not yet federally registered, the safest next step is a comprehensive search followed by a filing. Book a free call with Indie Law and we will tell you where you stand.

TikTok Shop Is Cracking Down on Counterfeits. Here’s What That Means for Small Businesses That Sell Products

If you sell products on TikTok Shop, you’ve probably noticed that enforcement has gotten stricter. Listings are disappearing faster. Sellers are receiving more automated warnings. And brand owners have more tools than ever to report counterfeit or infringing products.

That’s not a glitch. It’s intentional.

TikTok Shop has been investing heavily in intellectual property (IP) protection to create a safer marketplace for shoppers and legitimate businesses. Through its Intellectual Property Protection Center (IPPC), the platform now gives qualifying rights holders faster ways to identify and remove counterfeit listings, including automated risk alerts and streamlined reporting tools. Between January and June 2025 alone, TikTok Shop says it proactively blocked more than 40 million products from being listed for intellectual property violations and removed more than 2 million listings after they had already gone live. Those numbers show just how aggressively the platform is enforcing its policies.

Whether you’re building your own brand or selling products from suppliers, these changes matter. Here’s what you need to know.

What’s Actually Changing?

TikTok Shop has expanded the tools it uses to detect and remove counterfeit products.

For qualified rights holders enrolled in TikTok’s Intellectual Property Protection Center, the platform now offers automated tools that can identify listings that may be counterfeit before a brand owner even searches for them, along with faster removal options once a counterfeit listing has been identified.

At the same time, TikTok continues to strengthen its seller policies. Recent updates have expanded enforcement against brand circumvention tactics, including intentionally misspelling brand names or using symbols and numbers to avoid automated detection. Listings that attempt to disguise another company’s trademark can still trigger enforcement actions.

In plain English, the platform is making it easier for legitimate brand owners to report infringing listings, and much faster for TikTok Shop to take action.

Why This Matters for Brand Owners

If you’ve spent years building your business, the last thing you want is someone copying your products, branding, or reputation.

The good news is that platforms like TikTok Shop are making enforcement easier.

The catch?

Most of these enhanced protection tools are designed for businesses that can prove ownership of their intellectual property. In many cases, that means having a registered trademark.

Simply using a business name or logo for years doesn’t automatically give you access to platform enforcement programs. A federal trademark registration often serves as the evidence platforms rely on when determining who owns a brand.

Amazon sellers are already familiar with this concept through Amazon Brand Registry, which also requires a registered trademark before sellers can access many of its advanced brand protection features. TikTok Shop is following a similar approach by providing stronger enforcement tools to verified rights holders.

That’s why trademark registration isn’t just another legal formality.

It’s the key that unlocks practical tools that help protect your business on the marketplaces where you actually sell your products.

Why This Matters If You’re a Seller

Not every seller on TikTok Shop is trying to sell counterfeit goods.

Many source products from wholesalers, operate private label brands, or sell products that compete with well-known companies.

That’s perfectly legal.

Where sellers get into trouble is when they begin using someone else’s brand identity.

For example, enforcement is far more likely if a listing uses:

  • Another company’s trademarked brand name
  • A protected logo
  • Packaging that closely imitates an established brand
  • Brand names disguised with intentional misspellings or symbols
  • Marketing that suggests affiliation with a company when none exists

Selling a product that serves the same purpose as a competitor’s product is generally not the issue.

Copying the brand itself is.

This is similar to the difference between creating a product that competes with Stanley tumblers versus selling a cup labeled “Stanly,” “St@nley,” or packaged to make customers think it’s the real thing.

Competition is legal.

Confusing customers isn’t.

Build Your Own Brand Instead of Borrowing Someone Else’s

For many sellers, it can be tempting to ride the popularity of an established brand.

But that’s becoming increasingly risky.

As automated detection improves, relying on gray-area branding strategies could result in listing removals, account penalties, or even shop suspensions.

A much better long-term strategy is to build your own recognizable brand.

Choose a distinctive name.

Develop original packaging.

Create your own customer following.

And once you’ve established your brand, register your trademark so you can protect it as your business grows.

Owning your brand gives you an asset that no marketplace algorithm can take away.

The Bigger Picture: Every Marketplace Is Tightening Enforcement

TikTok Shop isn’t an outlier.

Major e-commerce platforms across the industry are investing heavily in counterfeit detection and intellectual property enforcement.

Consumers expect authentic products.

Brands demand better protection.

And marketplaces have every incentive to remove listings that undermine trust.

That means sellers who delay protecting their own brand face two separate risks.

First, someone else could copy their business without giving them many practical enforcement options.

Second, they could unintentionally trigger platform enforcement by using branding that infringes on someone else’s rights.

Neither situation is where you want your business to be.

The Bottom Line

TikTok Shop’s stronger counterfeit enforcement is part of a broader shift happening across online marketplaces.

For brand owners, these changes make it easier to protect legitimate products, but only if you have the legal rights needed to use those enforcement tools.

For sellers, the safest path isn’t finding clever ways around platform rules.

It’s building a legitimate brand that customers recognize and trust.

A registered trademark isn’t just paperwork.

It’s what gives marketplace enforcement tools real value and helps protect the business you’ve worked hard to build.

Ready to Protect Your Brand?

Whether you’re launching your first product, expanding your e-commerce business, or already selling on platforms like TikTok Shop and Amazon, protecting your trademark early can save you significant time, money, and headaches later.

If you’re unsure whether your brand is protected, or you want to position your business to take advantage of marketplace brand protection tools, schedule a free consultation today. We’ll help you understand your options so you can focus on growing your business with confidence.

John Oliver Just Dared Buc-ee’s to Sue Him. Every Business Owner Should Be Watching.

Late in the July 26 episode of Last Week Tonight, John Oliver did something no small business has ever been able to do to Buc-ee’s: he dared them to sue him. After walking through the Texas travel-center chain’s long history of trademark lawsuits against businesses with cartoon-animal mascots, Oliver unveiled “Buc-Off” — a parody brand fronted by a seven-foot squirrel named Mr. Nutterbutter, described on the merch site as “everyone’s favorite cartoon animal who doesn’t sue small businesses.”

It was funny. It was also one of the sharpest illustrations I’ve seen of a problem I deal with constantly: in trademark disputes, the outcome often has less to do with the law than with who can afford to keep going. If you own a business with a name and a logo you care about, this story is worth more than a laugh.

What Actually Happened

Buc-ee’s owns a well-known logo — a grinning beaver in a red hat on a yellow circle — backed by a stack of federal registrations, many of them now incontestable. Over the years it has brought more than a dozen infringement actions and sent many more demand letters, targeting businesses using smiling cartoon animals: dogs, ducks, chickens, alligators, a moose, and, at one point, an underwear brand.

Oliver’s point wasn’t that Buc-ee’s has no rights. It’s that some of those cases looked, to him, like “outright bullying.” His line — “you don’t own all cartoon rodents” — is a blunt version of a real legal question: where does a protected logo end and an unprotectable idea begin?

Why the Small Guys Usually Lose

Here’s the part that should get your attention. Oliver observed that Buc-ee’s has won most of these fights, and that many defendants folded not because they were clearly infringing, but because they couldn’t fund the fight.

That matches what I see. Federal trademark litigation routinely runs into six figures. When a small convenience store or apparel brand gets a demand letter, the realistic options are usually rebrand, settle, or close — long before a judge ever decides whether customers would actually be confused.

So the case law never gets made. The strong mark gets stronger, and the next letter is even more effective. That’s the asymmetry Oliver was poking at.

The Line Between Enforcing and Overreaching

I want to be fair to Buc-ee’s here, because business owners need to understand this: trademark rights erode if you don’t police them. If you let confusingly similar marks pile up in your market, you weaken your own registration. Enforcement isn’t optional, and a company that has spent decades building a mascot into a destination brand has a genuine interest in defending it.

The problem is that enforcement is a spectrum. On one end is stopping a genuine copycat. On the other is claiming ownership of a general concept — “a happy animal in a circle” — and using cost, not merit, as the weapon. Most aggressive programs drift toward that second end over time because nobody pushes back. Until someone does.

What This Means If You Own a Brand

Two lessons, depending on which side of the letter you’re on.

If you’re building a brand: pick a name and a logo that are distinctive enough to be yours and different enough to be defensible. Run a real clearance search before you print a single sticker. The cheapest moment to discover a conflict is before you have signage, packaging, and customers attached to the name.

If you receive a demand letter: don’t panic, and don’t ignore it. Get it reviewed. Some claims are strong, some are dramatically overstated, and plenty resolve through a narrow coexistence arrangement or a modest design change rather than a rebrand. What you should never do is assume the sender’s version of your rights is accurate because their letterhead is fancier than yours.

The New Risk Nobody Priced In

There’s a strategic wrinkle here that brand owners should sit with. Oliver’s merch line runs through September 8, with profits going to a hunger nonprofit — which means suing him now also means being the company that took money from a food charity, on camera, in front of millions of viewers.

That’s the trap. For decades, aggressive enforcement carried almost no downside because the targets were too small to generate news. That is no longer true. A demand letter can go viral in an afternoon, and the reputational cost can dwarf whatever the dispute was worth. Any serious enforcement program now needs a communications judgment layered on top of the legal one.

Final Thoughts

Whether or not Buc-ee’s takes the bait, Oliver already made his point: trademark law works best when both sides can actually afford to test it. Most of the time, they can’t — which is exactly why the boring work matters so much. Choosing a distinctive name. Clearing it properly. Registering it early, while it’s cheap. Knowing what your rights genuinely cover before you assert them, and what they don’t before you surrender to someone else’s assertion.

You probably don’t have HBO’s legal budget. What you can have is a brand that was built correctly from the start, which is a far better position than being right and broke.

If you’re launching something new, or you’ve got a letter sitting in your inbox that you’re not sure how to read, let’s talk it through.

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?