If you have an invention you’re launching, looking into patent clearance and protection isn’t enough. While a patent freedom-to-operate search focuses on identifying patents your invention may be infringing, a comprehensive launch strategy for your invention also requires a full-spectrum IP checkup, including trademarks and copyrights.

A trademark clearance search is similar to the FTO search in that it looks for existing trademarks your business, brand, or product name or logo, or other trademarks such as scents and package design, are possibly infringing on someone else’s trademark, whether registered or unregistered. Like an FTO search it provides an opportunity for adjustment to avoid infringement.

Copyright clearance involves making sure your related creative works, such as instruction manuals, packaging art, marketing art, marketing music, and website copy, aren’t infringing on others’ copyright rights. For example, do you have the proper rights to the photos on your website?

The lesson here is, don't clear and protect your invention on the patent front only to get sued over what you named it or how you marketed it.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp, and keep rocking your IP!

#patent #freedomtooperate #patentsearch #intellectualproperty

If the patent freedom-to-operate (FTO) search reveals a concerning patent, your invention may be in danger of infringing, the situation is not hopeless. This is where the magic of "design around" comes in.

We point out the potential infringement and discuss with you how intentionally modifying your product to omit or change at least one element of the independent claim that may be infringed can avoid infringement while achieving the desired result.

Here’s a quick example. If a patent protects a "three-wheeled wagon with a red handle," you can create a non-infringing "four-wheeled wagon with a blue handle." You achieve the same goal, a pull-wagon, but legally sidestep the patent infringement claims.

If infringement is possible, a successful design-around strategy creates a better, legally sound product.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp, and keep rocking your IP!

#patent #freedomtooperate #patentsearch #intellectualproperty

Just today, on November 25, 2025, as I was writing next week’s posts about the right of publicity and related issues, news broke that the John R. Cash Revocable Trust filed a lawsuit against The Coca-Cola Company regarding the right of publicity and Tennessee’s new ELVIS Act!

Johnny Cash has one of the most legendary and distinctive voices in music history, one that is readily identifiable to listeners. The Trust, which owns the commercial rights to his voice and likeness, sued Coca-Cola over a 2025 college football advertisement campaign.

The complaint alleges that Coca-Cola hired a Johnny Cash tribute singer (a "Sound-Alike Singer") to record a song for the ad. The singer is a known Cash tribute performer ("the No. 1 Johnny Cash Tribute Show" per his website), which makes the similarity to the Waits case stronger. The complaint alleges the purpose was specifically to ensure the ad sounded as close as possible to Cash's voice, and that consumers were actually confused, believing it was a "new track by the Man in Black himself." The Trust alleges that Coca-Cola, despite its long history of licensing celebrity endorsements, failed to even ask for a license.

The lawsuit asserts Coca-Cola violated the ELVIS Act, the Tennessee Consumer Protection Act, and the Lanham Act, underscoring the legal recognition that stealing an artist's voice is theft of their integrity and identity.

You'd think marketing firms would have learned from the Tom Waits v. Frito-Lay and Bette Midler v. Ford cases, but clearly not. I don't think Coca-Cola and the advertising agency that will inevitably be dragged into the lawsuit will enjoy the penalties under Tennessee's new ELVIS Act, but ironically, it may be the publicity they enjoy even less.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone. Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp and keep rocking your IP!

#rightofpublicity #intellectualproperty #ip #johnnycash #cocacola