Can You Copy a Famous Brand’s Trademark if It’s Meant to Be a Parody?
For decades, creators and novelty brands relied on a powerful shield known as the Rogers Test. Under this framework, courts routinely dismissed trademark infringement claims when a parody or other expressive work had artistic relevance and did not explicitly mislead consumers about its source. If a corporate giant threatened to sue, creators could invoke this threshold test to have the case dismissed on First Amendment grounds.
However, in 2023, the United States Supreme Court significantly narrowed that judicial safety net in Jack Daniel’s Properties, Inc. v.
Continue Reading Parody vs. Trademark Infringement: What the "Bad Spaniels" Case Means for Product Brands and Creators

Last week, Arizona Attorney General Kris Mayes filed a consumer fraud lawsuit against L’Oréal, its parent company, and its affiliates. The State alleges these companies marketed chemical hair relaxers, sold under brands including Dark & Lovely, Optimum, and Mizani, as safe, gentle, and nourishing while failing to disclose that the products are associated with an increased risk of uterine, ovarian, and other cancers. Many of these products primarily targeted African-American women. 
While state and federal enforcement actions against consumer product brands are nothing new, this lawsuit serves as a textbook example of how businesses can be held liable for explicit…
Continue Reading Are Your Product Claims Creating a Legal Nightmare? Inside Arizona’s Massive Consumer Fraud Suit Against L’Oréal

The FTC Sues Amazon Ads: Did the E-Commerce Giant Rig Its Ad Auctions?
For over half a million small and medium-sized e-commerce sellers, advertising on Amazon is not optional; it is the tax required to survive. If you want your products to show up on page one of search results, you have to compete in Amazon’s automated ad marketplace. For years, brand owners paid rising Cost-Per-Click (CPC) rates under the assumption that they were participating in a transparent, free-market bidding system.
That assumption was shattered last week, when the Federal Trade Commission (FTC) and a bipartisan coalition of 22 state…
Continue Reading Inside the FTC’s Ad-Rigging Lawsuit Against Amazon: What E-Commerce Brands Need to Know

Trade Dress Protection: Why “Tiffany Blue” and Red Soles Are Legally Protected Assets
If you have scrolled through fashion feeds or walked through luxury retail districts lately, you have probably noticed “Tiffany Blue” appearing everywhere. From summer capsule collections to viral interior design trends, this specific robin’s-egg shade remains one of fashion’s most enduring aesthetic fixations.
What many founders and creators do not realize is that a specific color, packaging shape, or other non-functional design elements can actually be registered as a federal trademark. You do not just have to protect your written company name or graphic logo; if consumers…
Continue Reading The Power of Trade Dress: How Brands Like Tiffany, Louboutin, and Levi’s Trademark Colors and Visual Identities

When growing a business, expanding into new product lines feels like a natural step. But as a recent opposition before the Trademark Trial and Appeal Board (TTAB) shows, launching into a new category is a major legal move that requires careful strategy.
The conflict between luxury fashion house Parfums Christian Dior and influencer brand Sincerely Jules shows exactly what happens when brand growth runs into existing trademark rights.
The Conflict: Fashion Coexistence vs. Beauty Collision
Julie Sariñana built Sincerely Jules into a successful business, securing federal trademark registrations for clothing, jewelry, handbags, and online retail. For years, Sincerely Jules and…
Continue Reading What Every Brand Owner Can Learn from the Dior v. Sincerely Jules Trademark Dispute

Can You Trademark a Name Before You Launch?
When preparing to launch a new company, product line, or e-commerce store, the to-do list can feel never-ending. You are managing supply chains, building out web platforms, and designing brand visuals. In the middle of all this preparation, founders often hold off on securing their intellectual property, asking a common question: can I trademark a name before selling items to the public?
The answer is absolutely yes. You can officially begin the USPTO application process months before making your very first sale by utilizing a powerful legal mechanism known as an Intent-to-Use…
Continue Reading Securing Your Brand Before Launch

If you are a content creator, affiliate marketer, or online seller promoting “dupes” or “replicas” across TikTok, Instagram, or Telegram, the legal landscape underneath your feet has completely shifted. The era of influencers treating fake luxury goods as victimless, harmless side hustles is officially over.
In a recent ruling from the UK High Court, social media influencer and marketing specialist Georgia Aldridge, along with her company Rolo Fashion, was ordered to pay £213,000 in damages to luxury fashion house LVMH and four of its premier brands: Fendi, Loewe, Christian Dior, and Celine.
This financial penalty followed an earlier default judgment…
Continue Reading Georgia Aldridge Ordered to Pay £213,000: The Legal Crackdown on Influencer Counterfeits

If you build or market a modern consumer brand, influencer partnerships are likely the engine driving your growth. For over a decade, activewear giant Gymshark built an empire on social media, turning fitness creators into “Gymshark Athletes” whose posts looked like genuine, organic love for the apparel.
However, in June 2026, a major class action lawsuit (Lupea v. Gymshark USA, Inc.) was filed in federal court in New York, exposing a massive legal vulnerability in that exact strategy.
The lawsuit alleges that Gymshark systematically compensated creators to promote its apparel on Instagram and TikTok without ensuring proper disclosures, misleading consumers…
Continue Reading The Gymshark Influencer Lawsuit: Why Undisclosed Paid Partnerships Are a Legal Minefield

Do You Need a Trademark for Amazon Brand Registry?
If you are selling products on Amazon, building a great product and optimizing your keywords is only half the battle. The real challenge is protecting your digital storefront from predatory bad actors. To get the absolute most out of your store, you will eventually ask a critical question: do I need a trademark for Amazon Brand Registry?
The short answer is yes. Amazon Brand Registry generally requires an active, registered federal trademark to enroll. Without one, you are essentially locked out of the platform’s elite brand tools, which means you do…
Continue Reading What a Trademark Unlocks on Amazon (Brand Registry)

Can You  Really Get a Cease-and-Desist Letter for Your Own Brand Name?
Yes….and it happens to successful, revenue-generating founders far more often than you might think. It is a terrifying moment: you open your inbox or mailbox only to find a formal legal demand from a trademark lawyer representing another company. They claim that your brand name is infringing on their intellectual property and demand that you immediately halt operations.
If another business registers a federal trademark for a name that is identical or even just “confusingly similar” to yours, they wield the legal leverage to force you to stop…
Continue Reading The Trademark Cease & Desist Nightmare: How It Happens

Why Registering Your Business Name and Purchasing the Domain Does Not Protect Your Brand
Imagine spending eighteen months designing a product line, launching your Shopify store, and hitting a six-figure revenue milestone, only to wake up on a Tuesday to a legal notice demanding you change your name by the end of the month.
Many founders believe that filing an LLC with their state and securing the .com domain means they legally own their brand. It feels official, it is on public record, and it costs money. But from a federal intellectual property standpoint, an LLC registration and a domain…
Continue Reading The False Security of LLCs and Domains – Why an LLC and a Website Domain Don’t Protect Your Brand Name