If the patent freedom-to-operate (FTO) search reveals a concerning patent, your invention may be in danger of infringing, the situation is not hopeless. This is where the magic of "design around" comes in.

We point out the potential infringement and discuss with you how intentionally modifying your product to omit or change at least one element of the independent claim that may be infringed can avoid infringement while achieving the desired result.

Here’s a quick example. If a patent protects a "three-wheeled wagon with a red handle," you can create a non-infringing "four-wheeled wagon with a blue handle." You achieve the same goal, a pull-wagon, but legally sidestep the patent infringement claims.

If infringement is possible, a successful design-around strategy creates a better, legally sound product.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp, and keep rocking your IP!

#patent #freedomtooperate #patentsearch #intellectualproperty

Just today, on November 25, 2025, as I was writing next week’s posts about the right of publicity and related issues, news broke that the John R. Cash Revocable Trust filed a lawsuit against The Coca-Cola Company regarding the right of publicity and Tennessee’s new ELVIS Act!

Johnny Cash has one of the most legendary and distinctive voices in music history, one that is readily identifiable to listeners. The Trust, which owns the commercial rights to his voice and likeness, sued Coca-Cola over a 2025 college football advertisement campaign.

The complaint alleges that Coca-Cola hired a Johnny Cash tribute singer (a "Sound-Alike Singer") to record a song for the ad. The singer is a known Cash tribute performer ("the No. 1 Johnny Cash Tribute Show" per his website), which makes the similarity to the Waits case stronger. The complaint alleges the purpose was specifically to ensure the ad sounded as close as possible to Cash's voice, and that consumers were actually confused, believing it was a "new track by the Man in Black himself." The Trust alleges that Coca-Cola, despite its long history of licensing celebrity endorsements, failed to even ask for a license.

The lawsuit asserts Coca-Cola violated the ELVIS Act, the Tennessee Consumer Protection Act, and the Lanham Act, underscoring the legal recognition that stealing an artist's voice is theft of their integrity and identity.

You'd think marketing firms would have learned from the Tom Waits v. Frito-Lay and Bette Midler v. Ford cases, but clearly not. I don't think Coca-Cola and the advertising agency that will inevitably be dragged into the lawsuit will enjoy the penalties under Tennessee's new ELVIS Act, but ironically, it may be the publicity they enjoy even less.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone. Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp and keep rocking your IP!

#rightofpublicity #intellectualproperty #ip #johnnycash #cocacola

The entire freedom-to-operate (FTO) patent search analysis hinges on the claims section of a patent. The claims define the legal boundary of the inventor's protection. They are the spells that legally protect the invention.

Infringement occurs only if your product incorporates every single element of an independent claim (which is literal infringement) or an equivalent element.

Here’s how we search. We look for patents that are technically relevant to your product's function, structure, and operation in the countries in which you intend to use or sell your invention. This is a complex, nuanced search that goes far beyond simple keywords. The attorney looks at the entire filing history of any patents of concern, which is often crucial for interpreting the final claims.

Why do you need a lawyer to do the search and analysis? A non-lawyer can find similar patents, but an experienced patent attorney can provide a legal opinion on whether the claims are actually infringed by your product.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp, and keep rocking your IP!

#patent #freedomtooperate #patentsearch #intellectualproperty

A Freedom-to-Operate search is a focused investigation into all active, unexpired patents in the countries where you plan to manufacture and sell (e.g., the U.S. for U.S. sales) that could potentially be infringed by your new product or process. An FTO search is not the same as a patentability search. A patentability search asks: Can I get a patent on my idea? An FTO search asks: Does someone else already have a patent that I will infringe?

The cost of an FTO search, which can range from $10,000 to $50,000 or more, is a necessary investment. Why so expensive? The search alone takes a significant amount of time and must be done with precision, then the analysis and opinion take even more time. The entire filing history of any patents of concern must be looked at to determine whether infringement would exist, and the claims must be read and evaluated with an eagle eye.

Yes, the price can be steep, but compare that cost to the potential financial fallout of not having an FTO search done.

The immediate scare is a lawsuit. Being sued for infringement means injunctions (stopping sales), product recalls, legal fees, and damages. An FTO search can’t guarantee you won’t be sued, but it can reduce the likelihood of being sued, and it can reduce the penalties if you are sued and lose.

The triple threat is if you lose the lawsuit. If the infringement is deemed willful (meaning you knew the patent existed and proceeded anyway), damages can be tripled by the court. An FTO search, followed by a formal, written Opinion of Counsel from an experienced patent attorney, is the single strongest piece of evidence you can use to show a court that you did not willfully infringe. It demonstrates you acted responsibly and in good faith.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp, and keep rocking your IP!

#patent #patentsearch #intellectualproperty

What if your invention, your product, or your method is hiding the catastrophic secret that part of it infringes on someone else’s patent rights?

No matter how much work, innovation, and coffee you’ve poured into creating something you’re sure is going to be valuable, there’s no guarantee someone else didn’t have a similar genius idea and take steps to protect it through a patent. If they have, or if they even protect part of what your invention consists of, what you thought was your own idea could cause you extreme pain.

Imagine debuting your revolutionary product only to be met not with applause, but with a cease-and-desist letter demanding that you stop production, recall your inventory, and pay significant damages. That's the monster waiting in the legal shadows: the risk of patent infringement.

Wouldn’t it be better to take steps to find out if this is a potential problem before you spend a great deal of time and money on development, production, and marketing? The good news is that you can take those steps early on, and you can even take them if your product is already on the market.

As a rock-and-horror-loving patent attorney, I know the best way to deal with a monster is to see it coming. That’s where the freedom-to-operate search and opinion comes in. (I’m going to abbreviate all that to just “FTO search” for ease.)

An FTO search is your professional flashlight, meticulously scanning the landscape of active patents to ensure your product can be legally manufactured, marketed, and sold before you invest heavily. It’s not about finding protection; it’s about finding permission. If you’re developing a new product, this is the non-negotiable step that saves you from becoming the next legal horror story.

In this episode:

• What Is a Freedom-to-Operate Search, and What Are the Risks of Skipping One? (1:46)
• The Anatomy of a Freedom-to-Operate Search: Your Monster-Hunting Gear (4:02)
• What Happens if a Patent Freedom-to-Operate Search Finds Potential Infringement? (5:10)
• Patent Freedom-to-Operate Clearance Isn’t the Only Clearance You Need to Keep Infringement Monsters Away (6:12)
• Takeaways (7:31)

Ready to kill the legal monsters before they get a chance to grow? Let's talk about the specific IP needs for your next big product launch.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!

You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.

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

Thank you for tuning in. Stay legally sharp, and keep rocking your IP!

You don't need to fear this terror, because you can and should plan to avoid it. If you have high-value patents or trademarks, here are your immediate next steps, the only way to truly protect your legacy:Action 1: IP Inventory. Create a detailed, organized inventory listing every registration number, filing date, and maintenance schedule for every IP asset. Also include details identifying any unregistered assets. Give this to your lawyer and your estate executor.Action 2: Check Your LLC Agreement. Immediately review your LLC Operating Agreement for specific clauses covering the death or incapacity of a member. These clauses dictate the fate of the company, and by extension, its IP assets. This goes for partnership agreements and corporation bylaws as well.Action 3: Consult the Right Lawyer. Schedule a consultation with an attorney who handles both intellectual property protection and business succession planning. You need an attorney who sees your assets not just as legal filings, but as high-value, life-long components of your estate. If they are not well-versed in full estate planning, have them work with the attorney handling your primary estate planning needs.If you are serious about protecting the assets you've worked so hard for, don't let the True Terror of Poor Planning define your legacy.Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media. The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs. Thank you for tuning in. Stay legally sharp, and keep rocking your IP!#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning

So why is the standard will, drafted by a general attorney, insufficient to properly transfer patent and trademark ownership?

It comes down to three legal concepts:

1. Bequest vs. Assignment: A will can bequeath (give) property, but patent, registered trademark, and registered copyright transfer require a specific Assignment Document filed with the USPTO or the Copyright Office. Without the specific authority granted to the executor or a named successor to file that document, the transfer can be delayed or rejected. Worse, if the executor or heir doesn’t know the assignment document needs to be filed, the ownership is stuck in legal limbo.

2. The LLC Operating Agreement (and Partnership Agreements and Corporation Bylaws): These are the documents that truly dictate the fate of a business. If the IP is owned by the LLC, the Operating Agreement dictates what happens with the IP upon your death. Specifically, it determines who inherits your share of the company and its assets. The will cannot override the Operating Agreement. If that agreement is silent, your heirs could be forced into a partnership with people they don't know, or worse, the business could be legally dissolved. These principles apply to partnership agreements and corporation bylaws as well.

3. The License: If you own the IP personally and license it to your business or another business, who inherits the rights to the IP when you die? Does the license provide that your heirs inherit it, does it say the management of renewal transfer to the licensee and your heir just receives royalties, or does it state that the IP ownership will transfer to the licensee? If the license rights go to your heirs, will they know how to manage the IP properly, and will they be willing to renew the license as needed? The license needs to address these issues so the IP ends up in the right hands.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!

You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.

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

Thank you for tuning in. Stay legally sharp, and keep rocking your IP!

#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning

Let’s look at the specific risks of poor intellectual property succession planning. These are the ghosts of your assets that haunt your legacy if you fail to plan properly.

1. The Patent Ghost: Missing the Clock. The executor of your estate is managing property taxes, house sales, and who gets the valuable coin collection; they are most likely not automatically tracking USPTO patent maintenance fee deadlines, which occur at the 4th, 8th, and 12th year. If those deadlines are missed, the patent is dead, and its value is zero. If the executor fails to file the proper ownership transfer documents, the legal right to its benefits remains in purgatory.

2. The Trademark Ghost: Competitor Capture. Your heirs might be grieving and not well-versed in handling a trademark. If they fail to file the necessary maintenance and renewal documents showing continued use in commerce, the USPTO will cancel the registration, and if the mark hasn’t been used in commerce for at least three years, your biggest competitor can simply step in and register the abandoned mark.

3. The Trade Secret Ghost: This one is the fastest killer. If the documents securing your trade secrets (like NDAs or internal protocols) are not enforced by the executor, or if they don't even know where they are, the secret can be compromised or simply lost. Either way means its value is lost forever.

4. The Business Ghost: If you own the patent or trademark as an individual, license it to your business as an LLC or corporation (because you are doing that and not being sloppy about that kind of important business asset), and only address the IP in your will, you create massive confusion. If an heir who doesn’t know how to maintain the IP properly or who hates your business partners gets your IP, your business will have a serious problem. Without clear documents, the business often gets tied up in court for years.

I dive into the specifics of succession plans in other episodes this week, so check them out and stay tuned for the sequels!

Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!

You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.

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

Thank you for tuning in. Stay legally sharp, and keep rocking your IP!

#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning