The #1 Trademark Grave Mistake

What’s the scariest thing you can do with your business name? Skipping a trademark search. I see this nightmare all the time: a new business invests in branding, only to get a cease-and-desist letter because they unknowingly used a name that was already taken. They have to rebrand asap and maybe pay the other company damages. It's a costly and terrifying mistake.

Here’s a Real-Life Example: In 2020, New Comic Company, LLC, filed a suit for, among other intellectual property violations, trademark infringement, against Richard Sala, who ran Warrant Publishing Company. Why? New Comic Company owned the trademark rights to the word “Creepy” in relation to horror magazines, having published such a magazine with that title for years. Sala started a horror magazine called “The Creeps.” Before either side lost all their money in litigation, they reached a settlement in which Sala had to rebrand the magazine to “Shudder” in the fall of 2021. I think THAT name is a problem, because there is a horror streaming channel named “Shudder,” and I think people could be confused about whether the two businesses are related. It doesn’t look like AMC felt the need to go after Warrant Publishing, though.

A little foresight goes a long way, so when a business owner comes to me with a great idea for a name, the first thing we do is figure out if the name they've chosen is a horrifying liability or a truly valuable asset.

You don't want to build your entire brand on a foundation that could crumble under the weight of a cease-and-desist letter. Do your due diligence and hire an experienced trademark attorney to help you protect your brand's future.

Don't let your creative work or business become a legal horror story. Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on intellectual property and business law issues here on Substack, on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms (video on YouTube, Spotify, and Substack only), and on most social media as @kingpatentlaw.

The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.

#intellectualproperty #trademark #law #horrorlaw #horror #kingpatentlaw #julieking