
IP Protection for Physical Products: What to File First
Patents, trademarks, trade secrets, copyright, trade dress—physical products can need all of them. Here’s what each covers and the order that actually makes sense.
Selecting the right business entity (corporation, LLC, partnership, etc.) from the beginning helps ensure smooth operation and growth of your business.
There are many issues to consider when deciding which entity is best for your situation, including ownership, purpose of the business, taxes, and liability.
We know the right questions to ask you to make sure we create a great plan for your current needs, growth, and unexpected events.
We help you determine which type of business entity is best for your current needs and future plans.
Then we assist with the technicalities of formation and draft the important documents that protect you.
We can help draft, review, and negotiate contracts for most business situations, including
We can also draft and review company policy documents, such as
We can help you with:
We can assist you with:
You work hard to build your business and brand, so it’s important to protect the intellectual property you create, whether it’s the core material of your business, or whether it’s the logos and slogans you use for promotion.
We can help you
Get the 7-Point Business Checkup Checklist to find out (before you find out the hard way).
$27 that could save you thousands and keep serious problems from happening.

Patents, trademarks, trade secrets, copyright, trade dress—physical products can need all of them. Here’s what each covers and the order that actually makes sense.

Trade secrets protect customer lists, pricing, and processes, but only if you can prove you tried to keep them secret. Here’s what actually counts, and what doesn’t.

If a competitor is selling a knockoff of your product on Amazon with your exact packaging and a different brand name slapped on it, the patent you need is probably not the one you’re thinking of. A design patent protects how something looks. The shape of a bottle. The layout of a label. The distinctive visual identity of a product or its packaging. If your product has a look that customers recognize, a design patent may cover it.
Different AI design tools have wildly different rules about trademark registration. Canva explicitly prohibits it. Midjourney has a revenue threshold. Adobe Firefly offers IP indemnification. Here’s what to know before you file.

You’ve spent years building an audience under your handle, but here’s the thing nobody tells you: that handle is not a trademark. It’s a license from the platform. And if someone else files a federal trademark registration for your brand name, they can file a complaint and get your handle transferred to them. I break down exactly how this happens, what platform complaint processes actually do (and don’t do), when being in a different industry protects you and when it doesn’t, and the three questions that tell you whether your brand name is genuinely protected right now.

Today is the part that I think is even more urgent for a lot of people, because it covers something your estate attorney may have never thought about, and your IP attorney may not have either: the digital infrastructure of your business. Your social media accounts. Your website and domain names. Your email list. Your online store. Your digital products. Your podcast. The platforms where your revenue actually comes from.
None of that is in the traditional estate planning conversation. And the legal framework around it is genuinely strange: a mix of platform terms of service, federal computer access law, state property law, and a lot of gaps where nobody has figured out the right answer yet.