- All
- Acquisitions
- Amazon Brand Registry
- Breach of Contract
- Business Alert
- Business Law
- Business Litigation
- Business Organizations
- Common Mistakes Series
- Covid-19
- Debt Collection
- Employment Law
- Estate Planning
- FAQ's
- Innovation
- Likelihood of Confusion
- Limited Liability Company
- Start-up Business
- Trademark Disputes
- Trademark Infringement
- Trademark Office Action
- Trademark Registration
- Trademarks
- Transportation Business
- TTAB Decision
- USPTO Alert
On September 30, 2026, the Chicagoland Chamber of Commerce and the Illinois Small Business Development Council at the Chicagoland Chamber are scheduled to host a virtual training titled Starting a Business in Illinois. The event is[...]
Chicago will be an important stop for food, beverage, and consumer packaged goods founders this July. Startup CPG’s Founders & Formulators event is scheduled for July 12, 2026, at the Palmer House Hilton, bringing founders together[...]
As generative artificial intelligence becomes more common, many people now use AI platforms to help organize thoughts, research legal issues, draft legal documents, or better understand a business dispute. A recent federal court decision, however, is[...]
Business owners, entrepreneurs, professionals, and individuals involved in business disputes are typically looking for practical guidance. They want to know whether filing a lawsuit makes sense, whether a settlement is possible, how much litigation may cost,[...]
A breach of contract is rarely just a paperwork issue. For a business owner, a broken agreement can mean unpaid invoices, delayed projects, lost customers, disrupted inventory, or a deal that no longer makes economic sense.[...]
Business owners are often drawn to descriptive names that say exactly what the product or service does. That instinct makes sense. A descriptive or generic trademark is easy to understand, easier to sell, and often easier[...]
On June 25, 2026, the Chicagoland Chamber of Commerce, Illinois SBDC, and Google are hosting “Unlocking Local Success: Google Business Profile & AI Tools Workshop” at Google’s Chicago office. The event is aimed at small business[...]
A lot of business owners believe they have protected their brand because they formed an LLC, bought the matching domain name, and claimed the social media handles. I understand why. Those steps feel official. You paid[...]
For an Amazon seller, few messages are more frustrating than learning that Brand Registry has been rejected or delayed because of a problem with the trademark attorney tied to the USPTO trademark application. The seller’s first[...]
For many business owners, the word “counterfeit” still brings to mind a folding table on a city sidewalk, a back-room warehouse, or a suspicious website with misspelled product descriptions. That version still exists, but it is[...]
When entrepreneurs choose a trademark for a brand, there’s a common temptation to pick something that instantly tells customers what the product is. The legal problem is that the more a name “describes” the product, the[...]
Illinois quietly made a set of meaningful updates to the Illinois Collection Agency Act (the “Act”) that affect who must be licensed, what activities are regulated, and the consequences for operating without the proper authority. For[...]
Most people do not expect to find themselves involved in a business dispute. Whether it is a business disagreement, a breach of contract, a business debt collection, or a personal conflict, business litigation often feels sudden[...]
Entrepreneurs and business owners often approach federal trademark registration with equal parts excitement and anxiety. You’ve chosen a name you like, you’ve started using it, and you’re ready to lock it in with a federal registration—only[...]
If you’ve spent any time in startup forums, you’ve probably heard some version of: “Just form in Delaware. Everyone does.” For certain companies, that advice is practical. For many Illinois-based small businesses and early-stage startups—especially those[...]
If you’ve ever tried to register a federal trademark and the USPTO told you it’s “too descriptive,” you’re not alone. Many business owners pick names that explain what they do (which is great for marketing) but[...]
If your company uses offer letters, employment agreements, independent contractor agreements, arbitration agreements, separation agreements, or settlement agreements, the Illinois Workplace Transparency Act (the “IWTA”) deserves a spot on your 2026 compliance checklist. Amendments enacted through[...]
When a business is bought or sold, the price rarely comes from a single “magic” number. Buyers and sellers often start with a familiar metric—like revenue, EBIT, or EBITDA—then layer in industry expectations, risk, growth potential,[...]
There is a current market trend for clothing trademarks to live in a gray zone between “design” and “brand.” That gray zone is where many business owners — especially restaurants, breweries, bars, entertainment companies, and beverage[...]
When people imagine a legal dispute, they often picture a courtroom, a judge, and a long, stressful trial. In reality, many Illinois business disputes never reach that stage. Instead, these disputes may be resolved quietly and[...]
If you sell on Amazon, you’ve probably heard that you must have a trademark for Amazon before you can fully build out your brand on the platform. For many business owners, that requirement feels backwards: you[...]
Unpaid debts can derail even the strongest business. Whether you’re a company trying to collect from a delinquent customer or an individual enforcing a judgment, successful Chicago debt collection often depends not just on persistence, but[...]
Artificial intelligence is now sitting in the branding chair. With a few prompts, tools can spit out names, logos, taglines, and full marketing campaigns in seconds. For Chicago and Illinois businesses, and other business operating in[...]
If you’ve ever stared at the United States Patent and Trademark Office (USPTO) trademark application and wondered, “What class do my products or services go in—and what exactly should I write to describe them?”, you’re not[...]
Most buyers don’t read certification standards manuals—but they do look for seals. A certification trademark is the shortcut that tells customers “this meets an independent standard.” When run well, certification programs lift entire industries: they help[...]
We align legal fees with matter complexity, risk, and predictability needs. Most litigation proceeds on hourly billing, but we scope phases with budgets and milestones to improve cost control and transparency. When appropriate, we consider hybrid[...]
Yes. We regularly seek and defend temporary restraining orders and preliminary injunctions in Illinois courts and in the Northern District of Illinois when swift action is necessary to prevent irreparable harm and preserve the status quo.[...]
Yes. We begin with practical, business-first strategies to resolve business disputes efficiently and discreetly. Counsel-to-counsel discussions often narrow issues and lead to tailored solutions—staged performance, payment plans, or mutual releases—without court involvement. Where helpful, we send[...]
Yes. Our Chicago business attorneys routinely appear in the Circuit Court of Cook County—most frequently at the Daley Center in the Law and Chancery Divisions—as well as in the U.S. District Court for the Northern District[...]
Our Chicago business attorneys represent entrepreneurs, small and mid-sized companies, owners and professionals, and contractors in business disputes and contract disputes throughout Illinois. Our practice centers on breach-of-contract matters—both written and oral—covering payment defaults, failure to[...]
If your company is ever drawn into a trademark dispute—or you need to enforce your trademark—the dollars often turn on one remedy: the defendant’s profits. In February 2025, the US Supreme Court unanimously tightened that remedy[...]
When a name or design (or name + design) conflict pops up in a trademark clearance search or an Office Action, many entrepreneurs reach for the same quick fix: adjust the font, add a swoosh, throw[...]
You launched your business, found a name customers like, and pushed a federal trademark application across the finish line. Seeing “REGISTERED” next to your trademark is a big moment—congratulations. It’s also the point when many entrepreneurs[...]
You did the legwork, chose a brand name, and filed. Then the USPTO sent a trademark refusal: someone else is “ahead of you” with a confusingly similar trademark. In 2025, thousands of business owners found themselves[...]
When the USPTO refuses an application under Section 2(d) for likelihood of confusion, applicants sometimes reach for a “crowded field” argument. The idea is straightforward: if many businesses already use similar words or roots for the[...]
Section 2(d) (Likelihood of Confusion) of the Lanham Act bars registration when an applied‑for trademark is likely to cause confusion, mistake, or deception as to the source or sponsorship of the goods or services. In other[...]
A familiar pair of parties—Sunkist Growers, Inc. and Intrastate Distributors, Inc. (IDI)—recently produced two opinions that every brand owner should understand. In September 2023, the TTAB dismissed Sunkist’s opposition to IDI’s KIST applications for soft drinks.[...]
A contract is a binding agreement that outlines the rights and responsibilities of the parties involved. But what happens when one party fails to uphold their end of the bargain? Whether you're a business owner, contractor,[...]
When businesses extend credit or provide goods and services without immediate payment, the unfortunate reality is that some customers or counterparties will default. Whether the failure to pay is due to cash flow issues, business disputes,[...]
In Illinois, when a business contract includes an arbitration clause requiring that business disputes be resolved through binding arbitration, courts are generally inclined to enforce it. Avoiding arbitration is difficult—often impossible—if the clause is valid and[...]
In the Illinois Supreme Court Case PML Development, LLC v. Village of Hawthorn Woods, 2023 IL 128770 (Ill. 2023), the Court adopted the “partial breach doctrine”. Under the partial breach doctrine, if a party continues with[...]
Starting a business with a co-founder can be one of the most exciting milestones in your entrepreneurial journey. You have a shared vision, complementary skill sets, and the motivation to build something great together. But while[...]
At first glance, a business name like “Best Medical Certifications” might seem too descriptive to qualify as a federally registered trademark. And in many cases, the United States Patent and Trademark Office (USPTO) would agree. But[...]
Illinois continues to be a thriving place for new businesses — from Chicago tech startups and suburban e-commerce sellers to downstate service providers and solo professionals. The rise in gig work, side hustles, online retail, and[...]
One of the most exciting moments for any Illinois startup founder is naming the business. Whether it’s a clever play on words, a bold mission statement, or something personal, your brand name becomes the foundation of[...]
Ensure smooth ownership transitions for cash-poor businesses! Life insurance can provide much-needed liquidity to a business when a co-owner dies, ensuring the surviving owners can buy out the decedent’s interest without having to sell off business[...]
Selling or buying a business in Illinois requires careful planning to avoid inheriting unwanted liabilities. Illinois law and regulations impose certain liability clearance requirements that sellers must fulfill before closing, which help prevent taxes and other[...]
On May 12, 2025, the United States Patent and Trademark Office (USPTO) introduced a significant update for parties involved in trademark disputes: a new option to file petitions for cancellation of trademark registrations online through the[...]
In July 2024, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision in In re Samsung Display Co., Ltd., affirming a Section 2(d) refusal to register the trademark UPC for various electronic display panels[...]
In trademark law, establishing a likelihood of confusion often hinges not only on the similarity of the trademarks themselves, but also on whether the goods or services they identify are sufficiently related. Section 1207.01(a) of the[...]
In PML Development, LLC v. Village of Hawthorn Woods, 2023 IL 128770, the Illinois Supreme Court addressed a fundamental breach of contract question: When both parties materially breach an agreement yet continue performing, can either still[...]
At the end of March 2025, a high-profile trademark dispute erupted in the U.S. District Court for the Central District of California, pitting famed surf and lifestyle brand Lost International, LLC ("Lost") against international music icon[...]
Looking ahead, several trends and predictions can be made about the future of loan disputes in Illinois, based on current developments in law and the economic climate: Continued Emphasis on ADR: Expect even greater use of[...]
The Legal Landscape of Non-Compete Agreements in 2025: National and Illinois Considerations Non-compete agreements have long been a tool for employers to protect proprietary business interests and prevent unfair competition. However, in recent years, state and[...]
FinCEN Extends Beneficial Ownership Information (BOI) Reporting Deadline and Plans Rule Revisions On February 18, 2025, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced an extension of the deadline for businesses to[...]
Business contracts form the backbone of business transactions, ensuring that parties uphold their commitments. However, when one party fails to meet its contractual obligations, contract disputes arise, often leading to business litigation. In Illinois, breach of[...]
Sweat equity offers a unique opportunity for individuals to gain an ownership stake in a company through their labor, expertise, or services rather than through financial investment. It is a compelling option for entrepreneurial-minded employees or[...]
On December 3, 2024, a federal district court in Texas issued a preliminary injunction temporarily halting enforcement of the Corporate Transparency Act (CTA) and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) regulations[...]
If you’re applying for or maintaining a trademark, it’s essential to be aware of upcoming changes to trademark fees. Starting January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will implement a new fee structure[...]
As the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) ushers in the Corporate Transparency Act (CTA), part of the Anti-Money Laundering Act of 2020, it's crucial for professionals and business owners to understand[...]
A limited liability company can function as an extremely powerful and flexible Illinois business organizationstructure. The LLC, if structured properly by a Chicago business lawyer, can shield members (aka LLC business owners) from the legal obligations and[...]
Business contract breaches are on the rise after the pandemic and our firm is seeing a rise in contract disputes leading to business litigation. Unfortunately, as the coronavirus continues to disrupt business, more and more companies[...]
Illinois limited liability companies that elect to be taxed as a sole proprietorship (single member) or partnership (multi member) maintain balance sheets that are distinct from Illinois corporations in one important respect: they require a separate[...]
In our free market economy, public domain (i.e., an invention, creative work, commercial symbol, or any other creation that is not protected by through trademarks, copyrights, or patents) is the general rule and intellectual property is[...]
The United States Patent and Trademark Office (Office or USPTO) is setting or adjusting certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering[...]
A generic trademark is a product name or term which is the actual name for that product. Examples include: BANANA for bananas, or LAW FIRM for a law firm or CHICAGO TRADEMARK ATTORNEY for Chicago trademark attorney.[...]
In trademark litigation, it is the plaintiff’s burden to plead and prove validity of the trademark and infringement by defendant. For trademark infringement, the test is “likelihood of confusion.” The likelihood of confusion test for trademark[...]
While this specific occurrence happened a couple years ago, our Chicago trademark attorneys believe that this matter showcases a variety of issues that can arise if one were applying for a federal trademark registration or how[...]
From an economic standpoint, a trademark is a source identifier that allows consumers to identify goods or services that have been successful (or have a good reputation) and reject goods or services that have failed (or[...]
Coronavirus-related paid leave for workers and tax credits for small and midsize businesses The US Treasury Department, IRS and Department of Labor issued a joint announcement that small and midsize employers can take advantage of two[...]
The Equal Employment Opportunity Commission (EEOC) issued an update to its 2009 pandemic guidance, “Pandemic Preparedness in the Workplace and the ADA.” The updated guidance advises employers that: Employers should follow guidance from the Centers for[...]
On March 18, 2020, the Senate passed the Families First Coronavirus Response Act, which President Trump signed last night and will become effective April 2, 2020. The below is a general summary and is not intended[...]
Likelihood of confusion for purposes of trademark registration the same standard as likelihood of confusion for trademark infringement. Below is a summary of some of the many factors considered in determining registrability of a trademark under[...]
Illinois employers are going through one of the most sweeping sets of legal changes in state history. With over 250 new laws taking effect this week, as well as hundreds of other extensive amendments to existing[...]
For those small business in Chicago that have been economically impacted by COVID-19, a Fund has been set up by the City of Chicago for low interest loans for up to five years. To request further[...]
UPDATE AS OF 3-19-20 U.S. SMALL BUSINESS ADMINISTRATION FACT SHEET – ECONOMIC INJURY DISASTER LOANS INDIANA Declaration 16348 (Disaster: IN-00073) Incident: CORONAVIRUS (COVID-19) occurring: January 31, 2020 & continuing Date: 03/18/2020 All counties within the[...]
Apple, like any other start up company, started with a vision and a target product that they believed would ultimately lead to their success. Apple’s vision product was the personal computer, but this is not what[...]
As smartphones and tablets push and change the marketplace, it can help create a lighter wallet for the consumer and it makes it easier for businesses to charge for their services and keep better track of[...]
More than half of the world owns a smartphone. It is expected that this year there will be more people that use a mobile device rather than a laptop or a desktop computer. In these times,[...]
What brand of ketchup is in your pantry? What brand of ketchup is at your favorite restaurant? Odds are it was probably Heinz ketchup. It seems everywhere you go, if you want some ketchup, its going[...]
There has been a recent explosion of free online courses for entrepreneurs offered by a variety of entities. Over the years, we have found that many of our new start-up and small business clients have a[...]
Trying to become a part of the cleaner, greener environment movement, the auto industry has been working on creating viable clean technologies that is complacent with this movement. Toyotabegan their search by partnering up with Tesla,[...]
For over the last couple decades, there has been a movement where all athletic teams and programs which use a nickname/mascot that refers to any Native American tribe to change their name/mascot. Many teams throughout history[...]
We connect to the internet through a internet service provider (ISP) who allows us to obtain the data we want without giving preferential treatment to any one website. Therefore, massive companies like ESPN or Netflix, are treated[...]
Whisper is a smartphone application that allows users to send messages overlaid on an image anonymously. Based on their postings, users can opt to reply directly to the message or private chat the message poster. The[...]
Charles Best started Donors Choose, a 501(c)(3) nonprofit established in 2000, in order to connect individuals directly with students and teachers in need of materials and funds to realize certain experiences teachers want their students to[...]
Aspiring entrepreneurs, inventors might find it hard to come across money to launch their start-up company or to find enough people to buy their products in order to allow their business to become successful. Shark Tank[...]
Growing, expanding a successful start-up or small business in Illinois or nationwide has its difficulties. Almost every successful business owner, entrepreneur will eventually hire employees or independent contractors to perform various task on behalf of the[...]
Illinois law that was signed on February 19, 2019 and that will go into effect on January 1, 2020 amends the Illinois Minimum Wage Law and Illinois Income Tax Act. The law provides for an increase[...]
The City of Chicago Council unanimously approved a new ordinance which went into effect on July 1, 2017. This ordinance requires every employer in Chicago to provide their employees who work within the city limits and[...]
Updated 3-20-20 at 2pm. Illinois Governor is expected to order all residents in Illinois to stay at home beginning Saturday, in the most serious effort yet to combat the spread of the coronavirus in Illinois. Pritzker[...]
The massive coronavirus stimulus bill is expected to clear Congress today. Courtesy of the Wall Street Journal, here is a FAQ regarding the stimulus checks for individuals: How much money is it? The plan provides $1,200[...]
How much do you spend on legal document review technology? The high price tag in Discovery for most matters is legal document review. This topic spans most legal industry blogs and analyst reports, where everyone, including[...]
The United States Patent and Trademark Office (USPTO) regulates the trademark application and registration of federal trademarks in the United States.
While you are not required to register your trademark, many valuable benefits are obtained by federal trademark registration.
While a trademark is used to distinguish goods used in commerce from one another, a service mark is used to identify and distinguish the services of one from the services of another.
Generally, any word, phrase, or device has the potential to achieve federal trademark registration. As long as the potential trademark identifies the source of the goods in order to distinguish them from the goods of another,[...]
A trademark is any word, name, symbol or device, that is either currently in use or will be used in commerce by an individual or business in order to identify and distinguish their goods from the[...]
A federal trademark registration has the ability to last indefinitely, but the duration of an initial trademark registration is 10 years. Between year 9 and 10, you may submit a trademark application to renew your trademark[...]
You do not need to use a trademark attorney, however, just as you do not need to register your trademark, having a trademark attorney register your trademark provides several advantages: A trademark attorney knows all the[...]
The length from application to registration could be anywhere from a couple months to several years. Each trademark application is unique in the amount of time it takes to go through the entire registration process. Factors[...]
Our trademark attorneys can perform a a trademark search and return the analysis and results within 5 days. We will discuss the results from our trademark search with you and discuss the likelihood of success or[...]
We are often asked the question of whether a company should admit a key service provider as a member/shareholder and provide him/her with a percentage of equity as a incentive or a percentage of profits as[...]
Our Chicago trademark lawyers cannot stress enough the importance of new business owners and entrepreneurs in holding a federal trademark registration for their service or product. Not only is a registered trademark on the federal principal[...]
A federally registered trademark creates valuable benefits, including: Public notice of your ownership in the trademark, Creation of a legal presumption that you own the trademark and have the exclusive right to use the trademark nationwide[...]
Part 1: Trademark Priority and Trademark Distinctiveness US trademark law and the trademark registration process is very much different compared to trademark law in foreign countries. Whether a entrepreneur, inventor or US business is seeking to[...]
FMCSA Issues Declaration of Hours of Service Relief for Commercial Motor Vehicle Drivers Transporting Emergency Relief Supplies The Federal Motor Carrier Safety Administration (FMCSA) has issued a national emergency declaration to provide regulatory relief for drivers[...]
The sweeping coronavirus aid package set for a House vote today provides $349 billion for the Small Business Administration to guarantee loans to small businesses. The legislation calls for the loan money to be distributed using[...]
Economic Relief Plan for Small Business The Keeping American Workers Paid and Employed Act is Division A of the Coronavirus Aid, Relief, and Economic Security Act (CARES ACT). The CARES Act is 880 pages long, consisting[...]
IRS extends tax filing deadline to July 15 as coronavirus spreads, Mnuchin says. More relief for individuals and small businesses. Key Points – The Internal Revenue Services moved the national income tax filing day ahead to[...]
Picture the situation, Bob, an employee of your small business, has crossed the line one too many times, and you fire him for legal cause (assume one that may even disqualify him from receiving unemployment benefits). [...]
With the new tax law now passed through Congress and signed by the President, our Chicago business lawyers have been spending time unpacking the new 2018 tax law related to Illinois corporations and pass through entities,[...]
Estate Tax and Generation Skipping Taxes Repeale On November 2, 2017, Republicans in the House of Representatives released their version of a tax reform bill: The Tax Cuts and Jobs Act. The Tax Cuts and Jobs[...]
Crowdfunding to Jump-Start a Small Business Have a great business idea or inventive product that needs funding to get launched? Crowdfunding and micro-finance platforms, like Kickstarter, may be the answer to your new businesses financing needs. [...]
Looking for a great hand crafted holiday gift for yourself, friends and family, business clients or employees.? Well, you should definitely check out Holy Smoke’s handcrafted cold-smoked extra virgin olive oil. If you’ve never had smoked[...]
Our Chicago breach of contract attorneys understand that the legal nature of contractual agreements may sometimes appear confusing or contradictory, so we are committed to analyzing each breach of contract case individually and providing our clients with personalized counsel.[...]
SBA’s Disaster Declaration Makes Loans Available Due to the Coronavirus (COVID-19) The U.S. Small Business Administration (SBA) is offering designated states and territories low-interest federal disaster loans for working capital to small businesses suffering substantial economic[...]