Intellectual property is often the most valuable asset of a company, regardless of its size. Whether you are a start-up, a sole proprietorship, a multinational corporation, or a non-profit organization, protecting and maximizing the value of your intellectual property is critical to your success.
Ryan Swanson’s Intellectual Property Group provides pragmatic, outcome-focused counsel across the full spectrum of IP needs, from launching a new brand to protecting cutting-edge AI-based platforms. We help our clients establish, manage, and enforce their intellectual property portfolios at every stage of the business life cycle.
At Ryan Swanson, we believe that informed clients make better decisions. Our attorneys take the time in every conversation to answer your questions and make complicated issues clear. Browse our FAQ section and Candid Re:Marks video series below for an example, plain-language resources designed to put the power of knowledge in your hands.
Ryan Swanson’s Intellectual Property Group counsels clients at every stage of the IP life cycle, from selecting and registering marks and creative works, to licensing and commercializing assets, to enforcing rights when they are threatened. Our attorneys bring decades of experience across a wide range of industries, providing pragmatic guidance whether you are building a portfolio from the ground up or defending one under attack.
Trademarks
Our attorneys guide clients through every phase of trademark development and management, from initial clearance through long-term portfolio maintenance, in the United States and internationally. We help clients select protectable marks, avoid conflicts before they arise, and build portfolios that support their business goals.
Our trademark services include:
Copyrights
Copyright protection applies to a broad range of creative and commercial works, from software and website content to published materials, marketing assets, films, and music. Our attorneys advise clients on copyright ownership, registration, and licensing, and help them navigate the increasingly complex questions surrounding digital content, platform liability, and fair use in an AI-driven landscape.
Our copyright services include:
Trade Secrets
Trade secrets are among the most valuable and vulnerable assets a business can hold. Unlike patents and trademarks, trade secret protection depends entirely on the steps a company takes to maintain confidentiality. Our attorneys help clients identify, protect, and enforce their trade secrets through a combination of contract strategies, internal policies, and litigation when necessary.
Our trade secret services include:
Personality and NIL Rights
The right of publicity — and in today’s landscape, name, image, and likeness (NIL) rights — represents a distinct and increasingly important category of intellectual property. Our attorneys counsel individuals and organizations on the protection and commercial exploitation of personality rights, including athletes, entertainers, public figures, and the brands and companies that work with them.
Our personality and NIL services include:
Enforcement and Dispute Resolution
When intellectual property rights are infringed, a prompt and well-calibrated response is essential. Our litigation and enforcement team handles disputes across a wide range of forums, from federal court proceedings and arbitrations to administrative actions and online enforcement campaigns. We tailor our approach to the circumstances, pursuing the most effective and efficient path to resolution.
Our enforcement services include:
Our attorneys have successfully represented clients in a wide range of intellectual property matters, from complex multi-jurisdictional trademark disputes to copyright enforcement campaigns and high-stakes transactional negotiations. The following examples illustrate the depth and range of our experience.
Beyond these highlights, our attorneys bring broad experience across the full range of IP enforcement and dispute resolution matters, including trade secret misappropriation claims, multi-claim litigation involving breach of contract, tortious interference, and Consumer Protection Act violations arising from terminated licensing agreements, trademark and copyright infringement disputes in the food, import, and design industries, UDRP complaints on behalf of private companies and nonprofit and political organizations, and takedown campaigns targeting infringing and counterfeit products across major e-commerce platforms. Whether the matter calls for aggressive litigation, targeted enforcement, or a negotiated resolution, our team is equipped to protect what you have built.
Ryan Swanson represents clients from across industries, including:
While their needs often differ, the common denominator across all of our clients is the basic need for pragmatic, well-grounded, and experienced counsel on the management of their intellectual property. We approach the servicing of our clients’ IP needs with the same exacting standards, whether they are a family-owned restaurant chain, a software startup, an international bank, or a charitable organization.
Ryan Swanson is proud to represent inventive, high-quality clients across this broad range of industries, including:
No. Trademark rights are territorial, which means rights established in the U.S. generally don’t apply abroad. Each country grants rights separately, and laws vary—some follow a “first to use” system, others “first to file.” Even neighboring countries like Canada or Mexico won’t recognize U.S. trademark rights unless you register there. Because of this, U.S. companies should explore registering trademarks in countries where they plan to do business or want to prevent unauthorized use.
Learn more in our article, “Six Things to Know About Trademark Protection in Foreign Countries“.
Companies can use the Madrid System, which allows a single international application through the U.S. Trademark Office to cover multiple countries that are members of the system. Costs and requirements vary by country, so it’s also wise to perform international clearance searches to avoid conflicts with existing trademarks. Working with a trademark attorney helps design a strategy that balances costs, risks, and market priorities while protecting your brand globally.
Learn more in our article, “Six Things to Know About Trademark Protection in Foreign Countries“.
A trademark is any word, phrase, logo or design (among other things) that identifies the source of certain goods or services to the consumers of those offerings. A company name, a slogan, a logo, even a distinctive color or smell may all function as trademarks. Trademark rights come from the use of those designations in commerce—in the United States, at least—provided that the designation is (a) sufficiently distinctive and (b) not already in use by someone else.
So, the way to own a trademark is to select a distinctive and unique designation for your commercial endeavor, and then to use that designation with your good or services. Once you have trademark rights, they will last for as long as you continue to use the trademark and protect it against unauthorized or generic use. You might also want to file an application to register your trademark with the USPTO and/or other countries for additional protection, but that is strictly optional in the United States (see the next question for more on that subject).
The short answer is that “it depends.” Trademark registration is an optional step for brand owners in the United States that should only be attempted after getting a legal opinion. A federally registered trademark can be used with the ® symbol, whereas an unregistered trademark can only use the TM designation.
On the one hand, registration conveys numerous benefits including:
On the other hand, the registration process can raise complications with no guarantees of success. While the process can be fairly inexpensive, it involves a subjective examination by the USPTO that can require significant legal advocacy. And even if an application is approved by the USPTO, the general public will also have an opportunity to oppose the application. Thus, an application may trigger a legal dispute—possibly even the loss of trademark rights—that might have been avoided otherwise.
It’s also important to note that trademark rights outside of the United States can depend on registration. In countries such as China, for example, the first party to file for registration typically has priority to a trademark even if another party was the first to use that trademark in China. And unlike the United States, use of a trademark is not required to register a trademark in China.
Bottom line, registration is always worth considering, particularly if you need to secure trademark rights outside of the United States. But registration may not always be the right move. Be sure to talk to a trademark attorney before going down that road (see the next question for more on that subject).
Yes, absolutely. Before you begin using a new trademark, or in some cases expanding the use of an existing trademark to a new product or channel of trade, a clearance search can identify legal risks and help you to avoid legal disputes before they occur. The process involves searching for identical or similar trademarks that have been filed for registration at the federal or state level, or that are already in use by another company. Our trademark attorneys offer this service, which can be calibrated to fit different budgets and needs. While every clearance search will have certain limitations, taking this step before launching a new trademark can save your company from a costly and time-consuming dispute—as well as better positioning your company to select a strong, enforceable trademark (see the next question for more on that subject).
Here again, the answer is that “it depends.” Trademark infringement occurs when someone uses the trademark (or something similar) of the brand owner without authorization in a manner that creates a “likelihood of confusion.” Since this is a subjective standard based on the perception of the relevant consumers, not every use of your trademark may be an infringement.
So, for example, two different companies might use the same trademark for completely unrelated products without infringing each other’s rights. (They may even both register the same trademark provided the goods and services don’t overlap in any respect.) There may also be First Amendment defenses that allow someone to use your trademark without your permission—for commentary or artist purposes, for example, or simply to identify your company.
It is very important to prevent trademark infringement as much as possible. Failure to do so can result in the loss of your trademark rights. That said, a trademark infringement claim can also backfire on the complaining party. It is therefore highly recommended to seek legal guidance before taking any action. In some cases, a demand letter to the other party may be the answer. But in other cases, there may be less costly and more effective options available (see the next question for more on that subject).
As noted above, not every use of your trademark will be considered trademark infringement. While it’s possible that the use of your trademark in a domain name or social media account may infringe your rights (depending on how the domain name or social media account is used), it will depend on the circumstances. On top of that, your options to stop the misuse of your trademark will also depend on the circumstances.
For example, one option in the case of a domain name that is confusingly similar to your trademark is to file a Uniform Domain Name Dispute Resolution (UDRP) complaint. The other side will have a chance to respond and then the matter is decided by an arbitration panel. The panel will assess not only if the domain name is confusingly similar but also if the domain name was registered by the other party “in bad faith.” The UDRP process can be a quick and relatively inexpensive alternative to a lawsuit. But your success will depend on demonstrating that the other party has no legitimate purpose for the domain name (not simply that it may create confusion with your brand).
It is important to prevent trademark infringement wherever possible. But direct enforcement actions like a UDRP complaint or a takedown complaint to a social media platform are only one means of protecting your rights (see the next question for more on that subject).
There are many steps you can take right now to protect your trademark rights, such as:
Talk to a trademark attorney if you have questions abut any of these steps. And also keep in mind that trademark rights may be only one type of protection available to your brand (see the next question for more on that subject).
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