Trademarks vs. Trade Dress: What’s the Difference and Why It Matters

When people think about trademarks, they usually picture a business name or logo. But brand protection goes beyond words and symbols. In some cases, the look and feel of a product or business can also be protected. This is called trade dress.

Understanding the difference between trademarks and trade dress can help business owners better protect what makes their brand unique.

What Is a Trademark?

A trademark protects words, phrases, logos, or symbols that identify the source of goods or services. Trademarks help customers know who they are buying from and help businesses stand out from competitors.

Common examples of trademarks include:

• Business names
  

• Logos
  

• Slogans
  

• Product names
  

When registered, a trademark gives the owner exclusive rights to use that mark in connection with specific goods or services. This makes it easier to stop others from using confusingly similar names or logos.

What Is Trade Dress?

Trade dress protects the overall appearance of a product or business. Instead of focusing on a name or logo, trade dress covers how something looks to customers.

Trade dress can include:

• Product packaging
  

• Product shape or design
  

• Store layouts
  

• Color combinations or décor
  
  

For example, the shape of a bottle, the layout of a retail store, or the design of product packaging may qualify as trade dress if customers recognize it as coming from a specific brand.

The Key Difference Between Trademarks and Trade Dress

The main difference is what they protect.

A trademark protects specific identifiers like names and logos.
Trade dress protects the overall visual impression of a product or business.

Even though they are different, both serve the same purpose: helping consumers identify the source of goods or services and preventing confusion in the marketplace.

When Trade Dress Is Protected

Not every design qualifies as trade dress. To receive protection, trade dress must meet certain requirements.

First, it must be distinctive. This means customers associate the look or design with one specific business. In some cases, a business must show that consumers have learned to recognize the design over time.

Second, the design cannot be functional. If a feature is necessary for the product to work or makes it cheaper to produce, it usually cannot be protected as trade dress.

Finally, the trade dress must be used consistently. Changing designs too often can make it harder to show that customers recognize the look as belonging to one brand.

Why Trade Dress Matters for Businesses

Trade dress can be especially valuable for businesses that rely on visual branding. Restaurants, retail stores, consumer products, and hospitality businesses often use design as a key part of their identity.

Protecting trade dress can:

• Prevent competitors from copying your look
  

• Strengthen brand recognition
  

• Add value to your business
  

• Support marketing and customer loyalty
  

When competitors copy a distinctive design, it can confuse customers and weaken your brand.

Trade Dress Infringement and Confusion

Trade dress infringement happens when another business uses a similar design that is likely to confuse consumers. Courts look at whether customers might think the products or businesses are connected.

This type of confusion can harm a brand’s reputation and cause lost sales. Taking steps to protect trade dress can make it easier to stop copycats early.

Registering Trade Dress vs. Relying on Common Law

Trade dress can sometimes be protected without registration, but registering it provides stronger rights. Federal registration creates a public record of ownership and can make enforcement easier.

Because trade dress cases can be complex, proper documentation and legal guidance are important from the start.

How Trademarks and Trade Dress Work Together

Many businesses use both trademark and trade dress protection. A logo might be protected as a trademark, while the packaging or store design is protected as trade dress.

Together, these protections create a stronger brand shield. This layered approach can be especially helpful as a business grows and expands into new markets.

Getting Help with Brand Protection

Deciding whether to protect a name, logo, design, or overall appearance is not always simple. An intellectual property attorney can help businesses understand what qualifies for protection and how to secure it.

Working with Braslow Legal allows business owners to develop a brand protection strategy that fits their goals, whether they are launching a new product or strengthening an established brand.

Final Thoughts

Trademarks and trade dress both play an important role in brand protection, but they protect different aspects of a business. Knowing the difference helps business owners make informed decisions and avoid costly mistakes.

If your brand’s look is just as important as its name, trade dress protection may be worth exploring. Taking action early can help protect what makes your business stand out.

Brand Protection Checklist for New Businesses

Starting a new business is exciting. You’re choosing a name, designing a logo, building a website, and telling the world about your idea. But many business owners forget one important step: protecting their brand.

Your brand is more than a name or logo. It’s how customers recognize and trust you. If you don’t protect it early, someone else could copy your work—or worse, claim ownership of it. This simple checklist will help new business owners understand the key steps to protect their brand and avoid costly mistakes.

1. Choose a Strong Business Name and Logo

Before you fall in love with a name or logo, make sure it’s strong and unique. Names that are too common or too descriptive can be hard to protect. For example, a name that clearly describes what you sell may not qualify for trademark protection.

A strong brand name is often:

• Unique or made-up
  

• Not already used by competitors
  

• Easy to recognize and remember
  

Taking time at this stage can save you from rebranding later.

2. Search Before You Use

Many new businesses skip this step, but it’s critical. Before using your name or logo, you should search to see if someone else already owns something similar.

This includes:

• Business name searches
  

• Trademark searches
  

• Domain name checks
  

• Social media handle availability
  

Using a name that’s already protected can lead to legal trouble, forced name changes, and lost money.

3. Register Your Trademark Early

A trademark protects names, logos, slogans, and other brand identifiers. While you may have some rights just by using a mark, federal registration gives you much stronger protection.

Trademark registration can:

• Help stop copycats
  

• Give you nationwide rights
  

• Add value to your business
  

• Make enforcement easier
  

Registering early is especially important if you plan to grow, sell products online, or expand into new markets.

4. Secure Your Domain Names and Social Media Handles

Your online presence matters. Even if you’re not ready to use every platform, you should secure the most important domain names and social media usernames that match your brand.

This helps:

• Prevent impersonation
  

• Keep your brand consistent
  

• Avoid paying high prices later
  

Common choices include .com domains and major platforms like Instagram, Facebook, LinkedIn, and TikTok.

5. Protect Your Website and Content with Copyright

Copyright protects original content such as:

• Website text
  

• Blog posts
  

• Photos and videos
  

• Marketing materials
  

As soon as you create content, it is protected by copyright. However, registering your copyright gives you extra legal benefits if someone copies your work.

This is especially important for businesses that rely on content, design, or creative materials.

6. Use Contracts to Protect Your Rights

If you hire designers, writers, photographers, or developers, don’t assume you own their work automatically. Without the right contract language, the creator may keep the rights.

Contracts should clearly state:

• Who owns the work
  

• How it can be used
  

• Whether rights are transferred
  

Clear agreements protect your brand and prevent future disputes.

7. Monitor and Enforce Your Brand

Protecting your brand doesn’t stop after registration. You need to watch for misuse and act when problems arise.

This can include:

• Monitoring similar trademarks
  

• Watching online marketplaces
  

• Checking social media for impersonators
  

Addressing issues early can prevent confusion and protect your reputation.

8. Think Long-Term About Growth

As your business grows, your brand may expand into new products or services. Planning ahead helps you decide what to protect now and what can wait.

A long-term strategy keeps your brand strong as your business evolves.

9. Work With an IP Attorney

Brand protection can be confusing, especially for first-time business owners. Working with an experienced intellectual property attorney helps you avoid mistakes and build a strong foundation.

An attorney can:

• Conduct proper searches
  

• File trademark and copyright applications
  

• Help enforce your rights
  

• Create a protection strategy that fits your goals
  

Working with Braslow Legal gives new businesses guidance tailored to their specific needs, helping them protect what they’ve worked hard to build.

Final Thoughts

Your brand is one of your most valuable business assets. Protecting it early can save time, money, and stress later. By following this checklist, new business owners can take smart steps toward long-term success.

If you’re launching a business or want to strengthen your brand protection, speaking with an intellectual property attorney can help you move forward with confidence.

Copyright for Authors and Writers: What You Need to Know

Writers invest time, effort, and imagination into creating stories, poems, and articles that move and inspire readers. Each piece of writing represents your voice and your creativity—and protecting that work is essential. Copyright law helps ensure that your writing remains yours and that others can’t use it without your permission.

This post explains how copyright protects your writing, what rights you have as a creator, and how Braslow Legal can help you safeguard your work.

What Copyright Means for Writers

Copyright is a legal protection automatically granted to creators of original works once those works are written or recorded in some form. For writers, that means your story, blog post, or poem is protected the moment it’s typed, saved, or printed. You don’t have to register it for copyright to exist, though registration adds valuable legal benefits.

Copyright gives you exclusive control over your work. You alone have the right to reproduce, distribute, perform, or adapt your writing. If someone copies or shares your work without permission, they may be violating those rights.

What Is and Isn’t Protected

To be eligible for copyright protection, your writing must be both original and “fixed in a tangible form,” meaning it can’t just be an idea in your head. Most forms of written expression qualify, including novels, short stories, essays, scripts, and poetry. Even advertising copy or nonfiction manuals can be protected if they demonstrate enough creativity.

However, copyright doesn’t cover everything. You can’t claim ownership of general ideas, concepts, or facts. Titles, short phrases, and common expressions are also excluded. For example, you can’t copyright the idea of a mystery novel set in Paris, but you can copyright the specific plot, dialogue, and characters you create.

Why Registration Matters

While copyright arises automatically, registering your work with the U.S. Copyright Office strengthens your protection. Registration creates an official record of ownership and gives you the right to sue for damages if someone infringes on your work. It can also help you recover attorney’s fees in legal disputes.

Registering is straightforward: you complete an online application, pay a small fee, and submit a copy of your work. Once it’s approved, you receive a certificate confirming your copyright ownership. Having that record can make all the difference if someone tries to claim your work as their own.

Common Copyright Issues for Writers

Today’s digital world makes it easy for anyone to copy and share content, and writers often face challenges because of that. Plagiarism and unauthorized reposting of articles or blog content are among the most common problems. Others arise when contracts or collaborations create confusion about ownership rights.

If you’re ghostwriting, freelancing, or co-authoring, it’s vital to have clear agreements stating who owns the copyright. Publishing contracts can also be tricky—some may require you to give up more rights than you realize. Always review the fine print before signing and, if possible, seek legal advice to make sure your rights remain intact.

How to Protect Your Writing

Even small steps can go a long way toward protecting your creative work. Keep copies of your drafts and backups, as they provide proof of when and how your work was created. Including a copyright notice—something as simple as “© [Your Name] [Year]”—can also help make your rights clear to others.

For your most important works, consider formal registration. It gives you stronger protection if infringement ever occurs. You can also monitor your work online using plagiarism checkers or Google Alerts to spot unauthorized use. If you find your writing posted elsewhere without permission, a cease-and-desist letter or DMCA takedown notice can help resolve the issue.

How Braslow Legal Can Help

Copyright law can be complex, especially when dealing with contracts, publishing disputes, or online infringement. That’s why professional guidance can make a difference. Braslow Legal helps authors, journalists, and creative professionals protect their rights and handle copyright issues with confidence.

Their team assists with registering works, reviewing and drafting publishing or ghostwriting agreements, and managing licensing deals. They also represent writers in cases of infringement, helping to enforce their rights quickly and effectively. Working with experienced copyright attorneys allows you to focus on your writing, knowing your creative work is fully protected.

Writing in the Digital Age

The internet has made it easier than ever to publish and share your work—but it’s also made it easier for others to copy it. Understanding copyright law helps you maintain control of your creations and ensures that you get proper recognition for your efforts. Whether you publish traditionally, post online, or self-publish eBooks, knowing your rights is the first step toward long-term protection.

Final Thoughts

Your words are your intellectual property, and they deserve the same protection as any other valuable asset. Copyright gives you control over how your work is used and shared, helping you maintain ownership and prevent misuse.

By understanding the basics of copyright, registering your most important works, and seeking professional advice when needed, you can write with confidence and peace of mind. When you’re ready to take the next step in protecting your creative work, reach out to Braslow Legal for guidance and support. They’ll help you protect your writing today—and your creative future tomorrow.

How to Choose a Strong and Protectable Trademark

Your trademark is one of your most valuable business assets. It’s how customers recognize your brand and distinguish it from others in the market. Whether it’s your business name, logo, or slogan, your trademark plays a key role in your company’s identity. Choosing the right one, however, takes more than creativity—it also requires strategy and legal awareness.

In this post, we’ll walk through what makes a trademark strong, what mistakes to avoid, and how Braslow Legal can help you protect your brand from the start.

What Is a Trademark?

A trademark is a word, phrase, design, or symbol that identifies and distinguishes your goods or services from others. It tells customers that your products come from you—and not someone else.

For example, the Nike “swoosh” or the phrase “Just Do It” instantly brings the company to mind. Those marks represent quality, reputation, and trust built over time. But before a business can build that kind of recognition, it needs to select a trademark that’s both distinctive and legally protectable.

The Strength of a Trademark

Not all trademarks are created equal. The law classifies marks into categories that determine how strong or weak they are in terms of legal protection. Here’s a breakdown:

1. Fanciful Marks – These are made-up words that have no prior meaning, like “Xerox” or “Kodak.” They are the strongest type of trademarks because they are completely unique.
   

2. Arbitrary Marks – These use real words that have no logical connection to the product, such as “Apple” for computers. They are also highly protectable.
   

3. Suggestive Marks – These hint at what the product does but don’t describe it directly. “Netflix,” for example, suggests streaming entertainment but doesn’t describe it outright.
   

4. Descriptive Marks – These describe the product or service, like “Cold and Creamy Ice Cream.” Descriptive marks are weak and often not eligible for protection unless they’ve gained distinctiveness over time.
   

5. Generic Terms – Common words like “shoes” or “coffee” can’t be trademarked at all. They simply describe a type of product, not a specific brand.
   

When choosing your trademark, aim for something fanciful, arbitrary, or suggestive. These are easier to register and defend if someone tries to copy your brand.

Avoiding Common Mistakes

Many businesses make errors early on that can lead to rejection or legal disputes later. Here are a few traps to avoid:

• Choosing a name that’s too descriptive. A name like “Best Plumbing Service” might tell customers what you do, but it’s too generic to protect.
  

• Not doing a trademark search. Before you invest in logos, packaging, or advertising, search the U.S. Patent and Trademark Office (USPTO) database. You’ll want to make sure your name isn’t already registered or too similar to another brand’s.
  

• Overlooking similar-sounding names. Even if your spelling is different, similar pronunciations or meanings can still cause legal conflicts.
  

• Ignoring future expansion. Pick a name that can grow with your business. If you start local and later expand nationally or internationally, you’ll want a name that remains clear and distinctive across markets.
  
  

Why Legal Protection Matters

Registering your trademark with the USPTO gives you exclusive rights to use it nationwide for your goods or services. It also allows you to take legal action against anyone who tries to use a confusingly similar mark.

If you don’t register, your protection is limited to the geographic area where you operate, and enforcing your rights becomes much harder. For businesses planning to grow, federal registration is essential.

A registered trademark also adds credibility to your brand. It can make investors and partners more confident in your business and increase the overall value of your company.

How Braslow Legal Can Help

Selecting and registering a trademark may sound simple, but it involves complex rules and procedures. A small mistake in your application or in your choice of name can lead to costly rebranding or legal disputes.

That’s where Braslow Legal comes in. Their experienced trademark team helps businesses of all sizes choose marks that are both creative and legally strong. They conduct thorough trademark searches, handle all USPTO filings, and manage renewals so your protection never lapses. They can also advise you on potential conflicts before they become major problems, saving you time and money in the long run.

Building a Brand That Lasts

Your trademark is more than a name—it’s a promise to your customers. It represents your company’s quality, values, and reputation. Choosing a strong, protectable mark sets the foundation for long-term success.

Take the time to brainstorm creative ideas, test them for uniqueness, and make sure they’re available for use and registration. Think about how your name or logo will look on your website, products, and marketing materials, and whether it reflects the story you want your brand to tell.

Final Thoughts

A strong trademark can be one of the most powerful tools in your business. It helps customers remember you, builds trust, and gives you the confidence to grow without fear of copycats.

By understanding what makes a trademark legally strong and getting professional help from a trusted legal team, you can protect your brand from the beginning and avoid future headaches.

Choosing and protecting your trademark is an investment in your business’s future. Take the first step toward securing your brand identity by consulting an experienced trademark attorney who can guide you every step of the way.

Copyright and Social Media: What You Can (and Can’t) Post

Social media is where creativity lives. From photos and videos to memes, songs, and artwork, millions of people share original content every day. But with that creativity comes a big question: what can you legally post, and what could get you into copyright trouble? Understanding how copyright law applies to social media is key to protecting yourself and respecting the work of others.

In this post, we’ll break down what copyright means for social media users, how to stay on the right side of the law, and how Braslow Legal can help protect your online content.

What Is Copyright?

Copyright is a legal right that gives creators control over how their original work is used. It protects things like photos, videos, songs, artwork, books, and even website content. Once a work is created and fixed in a tangible form—like a photo saved to your phone or a song recorded on your computer—it’s automatically protected by copyright law.

This means that if someone uses that work without permission, they may be infringing on the creator’s rights. And yes, that includes sharing or reposting on social media without credit or authorization.

What You Can’t Post Without Permission

Many people assume that if something is online, it’s free to use. Unfortunately, that’s one of the biggest copyright myths. Just because an image or video appears on the internet doesn’t mean it’s public domain. The original creator still owns it unless they’ve clearly stated otherwise.

Here are some examples of what you should not post or share without permission:

• Photos or videos taken by others. Even if they’re on Google or Instagram, they belong to the original photographer.

• Music clips or background tracks in videos that you don’t have a license to use.

• Movie or TV clips, even short ones, unless your use qualifies as fair use (which can be tricky to determine).

• Art, memes, or infographics made by other creators without giving proper credit or obtaining consent.

• Screenshots of copyrighted content such as digital artwork or eBooks.
  

Platforms like Instagram, YouTube, and Facebook often remove infringing content, and repeat offenders may lose their accounts. It’s always best to use content you’ve created yourself or that’s licensed for free reuse under Creative Commons or similar terms.

When Fair Use Applies

Fair use is an exception that allows you to use limited portions of copyrighted material without permission—but only under certain conditions. It’s meant to support commentary, criticism, education, and parody.

For example, using a short clip of a movie in a review or posting a meme that clearly transforms the original meaning may qualify as fair use. However, fair use depends on several factors:

1. Purpose and character of the use. Is it for profit, or educational/commentary purposes?

2. Nature of the original work. Creative works get stronger protection than factual ones.

3. Amount used. Using smaller portions is better, though even short clips can violate copyright.

4. Effect on the market. If your use could hurt the original creator’s ability to profit, it’s likely not fair use.
   

Because fair use is complex, there’s no guaranteed formula. When in doubt, get permission or consult an attorney before posting.

How to Protect Your Own Content

If you create your own content—photos, videos, music, or blog posts—you automatically own the copyright. But that doesn’t always stop others from copying or sharing it without credit. Here are steps you can take to protect your work online:

• Add a watermark or copyright notice. Even a simple © symbol and your name can deter misuse.

• Register your copyright with the U.S. Copyright Office for stronger protection and the ability to sue for damages.

• Monitor your work using reverse image search or online tools that track where your content appears.

• File DMCA takedown notices if you find your work being used without permission.
  

Working with an experienced copyright attorney can also help you handle infringement issues efficiently and protect your creative portfolio.

Why Work with Braslow Legal

Social media copyright law can be confusing, and small mistakes can have serious consequences—especially for businesses, influencers, and creators who rely on online platforms. Braslow Legal helps clients understand their rights, avoid infringement claims, and safeguard their original content.

Their legal team can assist with copyright registration, draft licensing agreements, and respond to takedown notices or disputes. With their guidance, you can post confidently knowing your content is properly protected and you’re using others’ work lawfully.

Tips for Posting Safely on Social Media

To stay safe and respectful online, keep these simple tips in mind:

• Create and post your own content whenever possible.

• If you share someone else’s work, ask for permission and give credit.

• Use royalty-free or Creative Commons-licensed material for music and images.

• Don’t assume that “no one will notice.” Copyright enforcement tools are stronger than ever.

• Review each platform’s copyright policy—YouTube and Instagram have strict automated systems.
  
  

Final Thoughts

Social media makes it easier than ever to create and share ideas, but it also blurs the lines between sharing and stealing. Understanding copyright law helps you protect your creative work and respect the rights of others.

By staying informed and taking a few simple precautions, you can enjoy the benefits of social media without risking your account or your reputation. And when you need expert help navigating the legal side of content creation, Braslow Legal is ready to guide you.

Protect your creativity, post responsibly, and keep building your online presence the right way.

How to Protect Your Trademark Internationally (Madrid Protocol Explained)

When you build a business, your brand name and logo become part of who you are. They help customers recognize and trust your products or services. But what happens when your business grows outside the United States? If you plan to sell your products internationally, you’ll need to think about how to protect your trademark around the world. That’s where the Madrid Protocol comes in.

In this post, we’ll explain how the Madrid Protocol works, why international trademark protection matters, and how Braslow Legal can help guide you through the process.

What Is the Madrid Protocol?

The Madrid Protocol is an international treaty that allows businesses to register their trademarks in multiple countries with a single application. Instead of filing separate trademark applications in each country—each with its own language, fees, and legal rules—you can file one application through the United States Patent and Trademark Office (USPTO) and select the countries where you want protection.

Currently, more than 130 countries are members of the Madrid Protocol, including major markets like Canada, the United Kingdom, the European Union, China, Japan, and Australia. This means that with one streamlined filing, your brand can be protected in nearly every major economy around the world.

Why International Trademark Protection Matters

If you only sell your products or services in the U.S., you may think your U.S. trademark registration is enough. But in today’s global marketplace, businesses can reach customers almost anywhere. Even small online stores can sell internationally through platforms like Amazon or Etsy.

Without international protection, your trademark is only valid in the United States. That means someone in another country could legally register your brand name or logo there. They could even use it to sell similar products, confusing customers and damaging your reputation.

Imagine spending years building your brand, only to find someone overseas is using your name—and there’s nothing you can do about it. Registering your trademark internationally helps prevent that. It ensures your business has the legal right to use and defend its name wherever you operate.

How the Madrid Protocol Works

Here’s a simple breakdown of how the Madrid Protocol process works:

1. Start with a U.S. Trademark
   You must already have a trademark application or registration in the United States. The international application is based on that original filing.
   

2. File Through the USPTO
   You submit your international application to the USPTO, which verifies the information and then sends it to the World Intellectual Property Organization (WIPO).
   

3. Select the Countries You Want Protection In
   You choose which member countries you want your trademark protected in. Each country’s trademark office will then review your request according to its local laws.
   

4. WIPO Registration and Publication
   Once approved, your trademark is recorded in the WIPO International Register and published in their Gazette.
   

5. National Review and Approval
   Each country you selected decides whether to accept your trademark. If they approve, you gain protection there just as if you had registered locally.
   

This process usually takes less time and costs less than filing in multiple countries individually. It’s especially helpful for growing businesses looking to expand abroad without facing overwhelming paperwork.

Common Mistakes to Avoid

While the Madrid Protocol simplifies international trademark filing, there are still challenges to watch out for:

• Choosing too few countries – Think ahead about where your business might expand in the future. It’s often easier to protect your mark early than to fight for it later.
  

• Assuming approval in all countries – Each country has its own rules, and not all will approve your application automatically.
  

• Not monitoring renewals – International trademarks need to be renewed every 10 years, and you must keep track of deadlines to maintain protection.
  

This is where having legal help can make a big difference. A professional trademark attorney can make sure your application is done correctly and your rights stay protected in every country you select.

Why Work with Braslow Legal

Filing international trademarks may seem simple on paper, but small errors can cause big problems down the road. That’s why partnering with Braslow Legal can save you time, stress, and money. Their team understands the details of U.S. and international trademark law. They can help you decide which countries to include in your application, file your paperwork correctly through the USPTO, respond to any issues from foreign trademark offices, and manage renewals and updates over time.

Final Thoughts

Protecting your brand internationally is no longer just for big corporations. Even small businesses and startups can benefit from international trademark registration. The Madrid Protocol makes the process faster, more affordable, and easier to manage.

Whether you’re selling handmade products online or expanding your company into global markets, your brand deserves strong protection. Don’t let someone else profit from your hard work and creativity.

Reach out to an experienced trademark attorney today to learn how to protect your brand internationally and keep your business secure wherever it grows.

The Psychology of Trademarks: Why Certain Logos Stick in Your Mind

When you see a golden arch, a swoosh, or a bitten apple, you immediately know which brand it represents. That’s not by accident. Logos, slogans, and brand symbols are carefully designed to stick in your mind, creating instant recognition and loyalty. But behind this recognition lies a combination of psychology and trademark law. Understanding how trademarks work—and why some logos are more memorable than others—can help businesses protect their identity and create a lasting impact. Braslow Legal often advises clients on how to combine smart branding with strong legal protection, making this a critical topic for creators and business owners alike.

How the Brain Responds to Trademarks

Humans are wired to recognize patterns and remember symbols. A simple, distinctive logo can trigger emotions, recall experiences, and even influence purchasing decisions. Psychologists call this visual memory, and it’s a key reason why some trademarks are so effective.

For example, the Nike swoosh is simple, clean, and easy to recognize. The golden arches of McDonald’s are similarly distinctive. These logos are memorable because they are unique, consistent, and used repeatedly in marketing campaigns. The more exposure a person has to a symbol, the stronger the mental association becomes.

Colors, Shapes, and Emotions

Colors and shapes play a huge role in trademark psychology. Bright reds and yellows often evoke excitement or hunger, which is why fast-food brands like McDonald’s and In-N-Out use them. Blues and greens suggest trust and calm, making them popular choices for tech companies and banks.

Shapes also matter. Rounded shapes tend to feel friendly and approachable, while angular designs convey strength and innovation. By choosing colors and shapes strategically, companies can create a logo that resonates with their target audience and strengthens brand loyalty.

Trademarks as Legal Protection

While psychology helps people remember brands, trademark law protects the businesses behind those brands. A trademark is any word, phrase, logo, or symbol that identifies and distinguishes a business or product from others. By registering a trademark with the U.S. Patent and Trademark Office (USPTO), companies gain the exclusive right to use that mark in commerce.

This legal protection prevents competitors from using similar names or logos that could confuse consumers. For example, if a new fast-food chain tried to copy the golden arches, McDonald’s could file a trademark infringement claim to protect its brand.

Why Strong Trademarks Stick

Not all trademarks are created equal. Some logos fail to resonate or are easily forgotten. Strong trademarks share several key characteristics:

• Distinctiveness: A unique name or symbol that doesn’t describe the product literally. For example, “Apple” is a strong trademark for technology because it doesn’t describe computers.

• Simplicity: Simple designs are easier to remember and reproduce across platforms. The Nike swoosh is a perfect example of simplicity and memorability.

• Consistency: Using a logo, colors, and style consistently across products, packaging, and marketing strengthens recognition.

• Emotional Connection: Trademarks that evoke feelings, experiences, or aspirations tend to stick in people’s minds. Disney, for instance, uses logos and mascots that trigger nostalgia and joy.
  

Businesses that combine these elements often find their trademarks becoming household symbols, which not only drives sales but also strengthens their legal position in case of infringement.

Real-World Examples

Some of the most effective trademarks in history have mastered both psychology and legal protection. Coca-Cola’s script logo, the Nike swoosh, and the Starbucks mermaid all create instant recognition. These companies consistently use their logos, reinforce them through advertising, and legally protect them against unauthorized use.

Even smaller brands can benefit from the same approach. A startup with a distinctive name and logo that appeals to its audience can build strong brand equity over time. By registering trademarks early, small businesses protect their investments and make it easier to enforce their rights if someone tries to copy their brand.

The Role of Legal Guidance

Creating a memorable trademark is only part of the equation. Ensuring that it is legally enforceable is equally important. Trademark law can be complicated, with rules about what can be protected, how to register, and how to monitor for infringement. Working with experienced legal professionals, like those at Braslow Legal, can help businesses navigate these complexities and maximize the value of their trademarks.

Legal guidance can help you:

• Conduct a thorough trademark search to avoid conflicts.

• File your registration correctly with the USPTO.

• Monitor the market for potential infringements.

• Enforce your rights through cease-and-desist letters or litigation if necessary.
  

Final Thoughts

Trademarks are more than just logos or names—they are powerful tools that combine psychology and legal protection. A well-designed, memorable trademark not only creates brand recognition but also strengthens your business legally. By understanding how people perceive and remember symbols, and by securing your rights through registration, you can protect your brand and build lasting customer loyalty.

In today’s competitive market, trademarks are a business asset as valuable as any product or service. Investing in both creative design and legal protection ensures that your brand will be remembered and defended. Braslow Legal is dedicated to helping businesses understand and protect their trademarks, guiding them through both the creative and legal processes to maximize brand value.

Emerging Trends in Copyright Law: What to Watch in 2025 and Beyond

Copyright law is constantly evolving to keep pace with technology, media, and the ways people create and share content. From artificial intelligence to social media, the digital age has changed how we produce, consume, and protect creative work. As we move into 2025 and beyond, several major trends are shaping the future of copyright protection. Understanding these developments can help creators, businesses, and innovators safeguard their work and stay compliant with the law. This guide from Braslow Legal highlights the key copyright trends to watch in the coming years.

The Growing Influence of Artificial Intelligence

Perhaps the most talked-about issue in copyright law today is artificial intelligence (AI). AI tools can generate art, music, writing, and even software code in seconds. But that speed and convenience raise serious legal questions: Who owns the rights to AI-generated content? Can it be copyrighted at all?

Right now, U.S. copyright law only protects works created by humans. The U.S. Copyright Office has made it clear that AI-generated material cannot be copyrighted if there’s no human author involved. However, if a person makes creative choices in the process—by giving specific instructions, editing the results, or combining multiple AI outputs—they may still hold limited copyright rights.

In the next few years, lawmakers may create clearer standards for what counts as “human authorship” when using AI. Creators who use AI in their work should document their process to show how their personal creativity shaped the final product.

Copyright in the Age of Streaming and Digital Media

Streaming platforms like YouTube, Spotify, and TikTok have transformed the entertainment industry. While they make it easier to share creative content, they also make copyright enforcement more complicated.

In 2025, expect to see more focus on how streaming platforms handle copyright takedowns and licensing. Some experts predict the development of automated copyright management systems that use AI to detect and remove infringing content instantly. However, these tools can sometimes make mistakes, flagging fair use content like commentary or parody videos.

Creators should familiarize themselves with “fair use” principles and the rules of each platform. Understanding your rights will help you protect your content—and avoid accidental violations that could lead to account bans or lost revenue.

The Push for Global Copyright Consistency

With online content crossing borders instantly, international copyright protection has never been more important. The Berne Convention, a global agreement protecting creative works in member countries, already provides a foundation for international copyright law. But differences between countries still cause confusion and disputes.

For example, some nations have stronger moral rights for artists, while others focus more on commercial ownership. In the next few years, expect new international discussions aimed at harmonizing copyright standards worldwide—especially for digital and AI-generated works. Businesses that operate internationally should stay updated on how these rules evolve, as they may affect how creative content is distributed and protected.

The Rise of Non-Fungible Tokens (NFTs) and Digital Ownership

NFTs became a global trend in the early 2020s, allowing artists and collectors to buy and sell digital assets linked to blockchain records. But NFTs brought new copyright confusion with them. Buying an NFT doesn’t always mean buying the copyright—it often only gives the buyer proof of ownership for a specific digital file.

As the NFT market matures, we can expect to see new legal frameworks clarifying what rights come with NFT ownership. Artists who sell NFTs should clearly state what rights buyers receive—whether they’re purchasing only the token or also limited reproduction rights.

Strengthening Copyright Enforcement Online

As digital piracy continues to evolve, governments and technology companies are developing better tools to track and stop illegal copying and distribution. Enhanced digital watermarking and content-tracking systems may soon make it easier for creators to identify where their work is being used without permission.

At the same time, there’s growing concern about balancing enforcement with freedom of expression. Some fear overly strict rules could limit remix culture, parody, or educational use—all of which are protected forms of fair use. Expect to see courts refining where that line should be drawn.

Copyright Education and Awareness

Another major trend is the push for broader copyright education. Many creators unknowingly break copyright laws by using unlicensed music, images, or clips in their work. Schools, businesses, and online platforms are beginning to offer more resources to teach users how to protect their own creations and respect the rights of others.

Organizations and law firms like Braslow Legal are also helping creators understand their legal rights and responsibilities. As creative work continues to shift online, this kind of knowledge is becoming essential.

Preparing for the Future

The future of copyright law will depend on how well it adapts to new technology. AI, NFTs, streaming, and global media sharing are pushing lawmakers to rethink traditional rules. While change is inevitable, the goal remains the same: to protect creativity and reward originality.

For creators and businesses, the key to success is staying informed and proactive. Register your work, read platform policies carefully, and consult with professionals when using new technology. Taking small legal steps now can prevent bigger problems later.

Final Thoughts

Copyright law is entering a new era—one shaped by technology, innovation, and global connectivity. Whether you’re an artist, entrepreneur, or digital creator, understanding these emerging trends will help you navigate this evolving landscape confidently.

As technology continues to challenge traditional definitions of creativity and ownership, legal guidance becomes more important than ever. With experienced professionals like Braslow Legal by your side, you can protect your ideas, strengthen your rights, and thrive in the creative economy of tomorrow.

Understanding the Difference Between Trademarks and Copyrights

In today’s digital world, protecting your creative work and your brand is more important than ever. Many people use the words “copyright” and “trademark” as if they mean the same thing—but they don’t. These two forms of legal protection serve very different purposes. Knowing how they work can help you protect your ideas, your business, and your reputation. Let’s break it down in simple terms with help from Braslow Legal.

What Is a Copyright?

A copyright protects creative work. This includes things like books, songs, movies, artwork, photographs, blog posts, software code, and even architectural designs. If you create something original and fix it in a tangible form—like writing it down, recording it, or saving it to a computer—it’s automatically protected by copyright law.

Copyright gives the creator certain exclusive rights. You control who can copy, distribute, display, or perform your work. You can also make adaptations or give permission to others to do so. That means if you write a book, no one else can publish or sell it without your consent.

The protection lasts a long time, too. In most cases, copyright lasts for the creator’s life plus 70 years. For works created by a company, the duration is a set number of years from the date of publication. You don’t have to register your work with the U.S. Copyright Office to have rights, but registration provides stronger legal protection if someone infringes on your work.

What Is a Trademark?

A trademark protects brand identity—the things that make your business or product recognizable. This includes names, logos, slogans, and sometimes even distinctive colors or sounds that identify your brand. Trademarks help customers know who is behind a product or service.

For example, when you see the Nike swoosh, you immediately think of the athletic brand. The swoosh is a registered trademark. Similarly, slogans like “Just Do It” or product names like “iPhone” are protected trademarks. They prevent competitors from using confusingly similar names or symbols that could mislead consumers.

Trademarks can last forever as long as they’re actively used in commerce and renewed every ten years with the U.S. Patent and Trademark Office (USPTO). This makes trademarks an essential part of building a strong, lasting brand.

The Main Difference Between Copyright and Trademark

The easiest way to tell them apart is this:

• Copyright protects what you create.

• Trademark protects what you call it.
  

Copyright is about creative expression—your original work. Trademark is about business identity—your brand name and logo.

For example, imagine you write and sell a children’s book:

• The story, characters, and illustrations are protected by copyright.

• The book’s series name, logo, and tagline can be protected by trademark.
  

Or, if you start a clothing company:

• Your shirt designs and photos are covered by copyright.

• Your company name and logo are covered by trademark.

Both types of protection can work together to fully safeguard your business and your creative assets.

Why Registration Matters

Even though copyright exists automatically, registering your work adds significant benefits. If someone copies your work without permission, you can’t file a lawsuit unless the work is officially registered. Registration also allows you to seek statutory damages and attorney’s fees if infringement occurs.

Trademarks, on the other hand, gain legal power through use in commerce—but federal registration with the USPTO gives you nationwide protection. It also puts the public on notice that your mark belongs to you and helps prevent others from using something too similar.

How to Register Each One

• Copyright: You can register online through the U.S. Copyright Office website for a small fee, usually between $45 and $65.

• Trademark: You register through the U.S. Patent and Trademark Office, with fees typically ranging from $250 to $350 per class of goods or services.
  

Both processes are worth the effort if your work or brand has commercial value. Braslow Legal often advises clients to take both steps when they are launching new businesses, creating artistic works, or expanding their brands.

What Neither One Protects

It’s important to note what copyright and trademark don’t protect. Copyright doesn’t protect ideas, facts, or methods—it only covers how those ideas are expressed. For instance, you can’t copyright the idea of a superhero, but you can copyright your unique version of that character and story.

Trademark doesn’t protect creative work itself—it only protects branding elements. You can’t trademark a novel or a song, but you can trademark the title of a series or the name of your band if they represent your brand in commerce.

Why It Matters for You

If you’re a business owner, artist, writer, or entrepreneur, protecting your intellectual property is essential. It’s what keeps your work from being copied and your brand from being stolen. Whether you’re building a company or creating content, understanding how copyrights and trademarks differ helps you protect what’s uniquely yours.

Think of copyright as a shield for your creations and trademark as a shield for your identity. Together, they give you powerful tools to defend your work, your brand, and your reputation.

Final Thoughts

In the end, both copyrights and trademarks are about one thing: protecting originality and honesty in the marketplace. If you’re unsure which one applies to your situation—or if you should register both—consulting with an experienced intellectual property attorney can make all the difference. Protecting your creative and business assets today will give you peace of mind and legal security for years to come.

Braslow Legal is dedicated to helping creators and business owners understand and secure their intellectual property rights.

How AI Challenges Copyright Law

Artificial intelligence (AI) is changing the way people create everything—from music and art to books, videos, and marketing content. Tools that generate images, write articles, or compose songs have made it easier than ever for anyone to produce creative work. But as AI becomes more advanced, one big question keeps coming up: who owns what AI creates? The answer isn’t simple. As courts and lawmakers race to keep up with technology, the line between human creativity and machine output is getting blurry. Understanding how AI affects copyright law is essential for artists, businesses, and anyone using AI tools to create content. That’s where Braslow Legal can help you stay informed and protected.

What Copyright Law Is Meant to Protect

Copyright law was designed to protect original creative works made by people. When you write a story, take a photo, or paint a picture, you automatically own the copyright as soon as it’s created. That ownership gives you the exclusive right to copy, sell, or license your work. Copyright ensures that creators benefit from their ideas and that others can’t profit from those creations without permission.

But AI tools like ChatGPT, Midjourney, and DALL·E create content based on data and algorithms. They don’t have human emotions, intentions, or creativity. That raises an important legal question: Can something created by a machine be copyrighted?

Can AI-Generated Work Be Copyrighted?

According to current U.S. copyright law, only works created by humans qualify for copyright protection. The U.S. Copyright Office has made it clear that “authorship” requires a human mind behind the creative process. This means if AI generates a piece of art, song, or text entirely on its own, it cannot be copyrighted.

For example, if you ask an AI image generator to “create a landscape painting of a sunset,” and it produces an original image without further human input, that image isn’t protected by copyright. Anyone could technically use, share, or even sell that image without breaking the law—because legally, no one owns it.

However, if a human plays a significant role in directing, editing, or shaping the AI’s output, things change. The Copyright Office has said that works involving both AI and human input can be protected only if the human’s creative contribution is “substantial.” In other words, if you use AI as a tool—not a replacement—you may still qualify for copyright protection.

Real-Life Examples and Court Cases

Recent legal battles show just how complex this issue has become. In one case, a man tried to register a copyright for an image created entirely by his AI program. The Copyright Office rejected his application, stating that the work lacked “human authorship.” The court upheld the decision, reinforcing that only human-made creations can receive legal protection.

In another situation, comic book artist Kris Kashtanova used AI to help illustrate a graphic novel. While the story and layout were human-created, the images were generated with AI prompts. The Copyright Office ruled that Kashtanova owned the parts of the work that involved human creativity—like the writing and composition—but not the individual AI-generated images themselves.

These examples show the growing challenge of drawing the line between human and machine creativity.

Why It Matters for Creators and Businesses

For artists and businesses, this issue has serious consequences. If you rely heavily on AI to create marketing materials, artwork, or written content, you may not own the copyright. That means competitors could reuse or modify your AI-generated content without any legal repercussions.

On the other hand, using AI to assist rather than replace human creativity can still give you ownership. For example, if you write the outline and structure of a blog but use AI to polish the language, your creative direction still counts as human authorship. The key is to document how you contributed creatively and where AI served as a tool.

Businesses should also be cautious about using AI-generated content from unknown sources. Some AI tools are trained on copyrighted materials without permission, raising the risk of infringement claims if the AI output too closely resembles existing works. Consulting with a copyright attorney, like those at Braslow Legal, can help you understand your rights and protect your business from legal disputes.

The Future of Copyright in the Age of AI

As AI continues to advance, copyright law will need to evolve. Lawmakers and courts are now considering new frameworks to address questions like:

• Should AI creators or developers share ownership of the outputs their systems produce?

• How can we protect human creators whose work is used to train AI models?

• Can AI ever be considered an “author” under the law?
  

These are not easy questions, and the answers will shape the future of creativity, technology, and intellectual property for decades to come.

Final Thoughts

AI is an incredible tool that opens doors for innovation, but it also challenges our understanding of ownership and originality. For now, copyright law remains clear on one thing: only humans can own creative works. That means if you use AI, your best protection comes from combining your own creativity with smart legal guidance.

Staying informed and proactive can help you make the most of AI technology without losing control of your work. As the world of copyright and artificial intelligence continues to evolve, partnering with a knowledgeable firm like Braslow Legal ensures your creative and business assets stay secure in this fast-changing digital landscape.