Services | Intellectual property

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Yohanan Law advises entrepreneurs, startups, founder-led businesses, and established companies throughout Brooklyn and New York on intellectual property strategy, protection, and commercialization. Our practice includes trademark registration, copyright protection, intellectual property licensing, intellectual property ownership and assignment agreements, patent strategy, trade secret protection, and intellectual property due diligence. Whether you are launching a new brand, developing proprietary technology, creating original content, or preparing your business for investment or acquisition, we provide practical legal counsel tailored to the needs of growing businesses.

Intellectual property is often one of a company's most valuable assets, but it is frequently overlooked until a dispute arises or an investor asks who actually owns it. The decisions a business makes about trademarks, copyrights, patents, trade secrets, and intellectual property ownership can affect brand value, fundraising, licensing opportunities, competitive advantage, and long-term growth. We help clients develop intellectual property strategies that protect their most valuable assets, establish clear ownership rights, reduce legal risk, and position their businesses to capitalize on future opportunities.

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Client Industries

Technology

Manufacturing

Media

Entertainment

Retail

Professional Services

Healthcare

Insurance

Consumer Products

Technology Manufacturing Media Entertainment Retail Professional Services Healthcare Insurance Consumer Products

Previous clients

Yohanan Law represented a New York-based deep cleaning specialist as trademark counsel.

Yohanan Law represented a Brooklyn-based entrepreneur as general intellectual property counsel in connection with the development of a proprietary product concept.

Yohanan Law represented a Brooklyn-based art gallery in connection with intellectual property matters.

Yohanan Law represented a Brooklyn-based Freelance Journalist in a copywriter agreement.

Yohanan Law represented Queens-based bakery as trademark counsel.

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FAQ

Building an Intellectual Property Strategy

Our view is that businesses should start thinking about intellectual property much earlier than they usually do. Many founders wait until they have significant revenue, outside investors, or a copycat competitor before considering trademarks, copyrights, or patents. By then, they may have already lost valuable rights, created ownership issues, or invested heavily in a brand they cannot protect.
The right time to develop an intellectual property strategy is often when you are choosing a business name, developing a product, creating software, designing branding, or preparing to launch. Identifying what intellectual property your business is creating allows you to decide what should be registered, what should remain confidential, and what should be addressed through contracts with employees, founders, and independent contractors.
For many businesses, intellectual property is one of their most valuable assets. A proactive strategy can increase the value of your company, make fundraising easier, strengthen your competitive advantage, and reduce the likelihood of costly disputes as your business grows.
The answer depends on what you are trying to protect. Trademarks protect your brand, including names, logos, and slogans that identify your business in the marketplace. Copyrights protect original creative works such as software code, websites, photographs, videos, written content, and marketing materials. Patents protect qualifying inventions and technological innovations, while trade secrets protect valuable confidential information, such as formulas, manufacturing processes, customer lists, and proprietary business methods, that derives value from remaining secret.
One of the biggest misconceptions is that one type of intellectual property protects everything. It does not. A software company, for example, may rely on trademarks for its brand, copyrights for its source code and website content, patents for certain technological innovations, and trade secret protection for proprietary algorithms or internal processes. Many successful businesses use multiple forms of intellectual property protection at the same time.
Rather than asking which form of intellectual property is "best," the better question is what business asset creates value and how that asset can be protected most effectively. Developing an intellectual property strategy early allows businesses to prioritize their legal budget and focus on the protections that provide the greatest commercial value.
For most startups, the first priority is protecting the company's brand and ensuring the business actually owns the intellectual property it creates. Registering a trademark for the company name or flagship product, securing ownership of software, branding, and other creative works through properly drafted agreements, and protecting confidential business information are often far more valuable than immediately pursuing patent protection.
Founders frequently overlook ownership issues. If a co-founder, developer, designer, marketing agency, or independent contractor created part of your product or branding without a written intellectual property assignment, the company may not actually own those assets. That can become a significant problem during investor due diligence, acquisitions, or future financing rounds.
We generally encourage startups to focus on protecting the assets that directly support revenue and growth. For many companies, that means trademarks, intellectual property assignment agreements, confidentiality protections, and carefully drafted employment and contractor agreements before considering more expensive forms of protection.
It depends on what you are trying to protect. Patents can provide significant competitive advantages, but they are also one of the most expensive forms of intellectual property protection. For many small businesses, pursuing a patent simply because they have a new idea is not a good investment. The invention must satisfy strict legal requirements, and the application process can be lengthy, technical, and costly.
Generally speaking, patents make the most sense when the invention involves genuine technological innovation, provides a meaningful competitive advantage, and is likely to generate substantial commercial value. Many business ideas, marketing concepts, pricing strategies, or general methods of doing business are not patentable. In those situations, trademarks, copyrights, trade secrets, or strong contractual protections often provide a better return on investment.
Our advice is to approach patents as a business decision, not simply a legal one. Before investing significant time and money, businesses should evaluate whether a patent will create measurable commercial value, whether competitors can realistically design around it, and whether the expected benefit justifies the cost. In many cases, the smartest intellectual property strategy involves combining patents with trademarks, copyrights, trade secret protection, and well-drafted agreements rather than relying on any single form of protection.

Trademarks & Brand Protection

No. One of the most common and expensive misconceptions is that paying for creative work automatically means you own the intellectual property. In many cases, it does not. Under U.S. copyright law, the person who creates the work generally owns the copyright unless an exception applies or ownership is transferred through a written agreement.
This issue frequently arises when businesses hire software developers, graphic designers, photographers, marketing agencies, website designers, or other independent contractors. Unless the agreement clearly states that the intellectual property belongs to the business—or qualifies as a valid "work made for hire" under federal law—the creator may retain ownership, even if they were paid in full.
We regularly see ownership issues surface during fundraising, acquisitions, and investor due diligence. Investors and buyers want to know that the company actually owns its software, branding, and other core assets. Every business should have properly drafted intellectual property assignment provisions in its employment, consulting, and independent contractor agreements to avoid disputes later.
Sometimes, but not always. Many founders assume that any new software platform, AI tool, or business idea can be patented. In reality, patent law is much narrower. A patent protects qualifying inventions that satisfy specific legal requirements, including novelty, usefulness, and non-obviousness. Simply automating a process, creating a mobile app, or applying artificial intelligence to an existing concept does not automatically make an invention patentable.
Software-related patents are one of the most complex areas of intellectual property law. In many cases, software must provide a specific technological improvement or solve a technical problem rather than simply perform a business function on a computer. Likewise, many business methods and abstract ideas are not eligible for patent protection under current U.S. patent law.
Our advice is not to assume that patents are the only—or even the best—way to protect technology. Many software companies rely on a combination of patents, copyrights, trade secret protection, confidentiality agreements, and carefully drafted contracts. A thoughtful intellectual property strategy is usually more valuable than pursuing a patent simply because the technology is new.
Not every idea qualifies for patent protection. As a general rule, abstract ideas, laws of nature, natural phenomena, mathematical formulas, and many purely mental or business concepts cannot be patented. Likewise, simply changing the appearance of an existing product or making an obvious modification to existing technology is often insufficient to obtain a utility patent.
One of the biggest misconceptions is that having a "great idea" is enough. Patent law does not reward ideas in the abstract—it protects qualifying inventions. To receive a patent, an invention generally must be new, useful, and non-obvious, and it must fit within the categories of subject matter that federal patent law allows to be patented.
We often advise clients to begin with a broader business discussion rather than immediately asking whether something is patentable. In many situations, trademarks, copyrights, trade secrets, or contractual protections provide stronger and more cost-effective protection than pursuing a patent application that may never be granted.
Patents and trademarks operate under very different legal rules, so the answer depends on the type of intellectual property involved. For patents, simply being the first person to think of an idea is not enough. The United States generally follows a first-inventor-to-file system, meaning the first eligible inventor to file a patent application generally has priority over later applicants, subject to certain legal requirements. Waiting too long can mean losing valuable rights, even if you developed the invention first.
Trademark rights work differently. They are generally based on using a mark in commerce to identify the source of goods or services, not on who first came up with the name. Whether another business has superior trademark rights depends on factors such as when the mark was first used, where it has been used, whether it has been federally registered, and whether consumers are likely to be confused.
One of the biggest mistakes businesses make is assuming that because they thought of a product name or invention first, they automatically own the legal rights. Intellectual property law is far more nuanced. If protecting your innovation or brand is important to your business, it is usually best to develop an intellectual property strategy early rather than waiting until someone else enters the market.

Whenever possible, yes. One of the biggest mistakes we see is businesses investing significant time and money into branding before determining whether the name is actually available. It is far less expensive to resolve a naming issue before you launch than after you have built a website, ordered signage, printed marketing materials, and established a customer base.
Before launching, businesses should not only check whether the name is available with the New York Department of State but also determine whether another company already has trademark rights. Registering an LLC or corporation in New York does not automatically give you trademark rights, nor does it prevent someone with superior trademark rights from requiring you to rebrand. These are two entirely different legal issues that are often confused.
Our advice is to think about trademark protection at the same time you choose your business name, not months later. Conducting the appropriate searches and developing a trademark strategy early can help avoid expensive disputes, protect your investment in your brand, and provide a stronger foundation for future growth.
The answer depends on whether the other business's use is likely to create confusion among customers. Trademark law is designed to prevent consumers from mistakenly believing that two businesses are related or that their products or services come from the same source. Simply because another business uses a similar name does not automatically mean trademark infringement has occurred.
The first step is determining who has legal priority and the scope of each party's rights. Factors such as where each business operates, when each began using the name, whether a federal trademark registration exists, and whether the businesses offer similar goods or services all play an important role. In New York, it is also common for businesses to assume that forming an LLC with the Department of State gives them exclusive rights to a name. It does not.
We generally advise businesses not to ignore potential infringement, but also not to assume that litigation is the only solution. Depending on the circumstances, the appropriate response may involve investigating the facts, sending a cease-and-desist letter, negotiating a coexistence agreement, or pursuing legal action if the infringement is causing meaningful harm to your business.
Yes, in some circumstances. Trademark rights are tied to the likelihood of consumer confusion, not simply whether two businesses use identical words. Two companies may legally use the same or similar trademarks if they operate in different industries, serve different markets, or otherwise do not create confusion among consumers. For example, businesses using the same name for unrelated goods or services may both have valid trademark rights.
The analysis becomes much more complicated when the businesses operate in the same industry or target similar customers. Courts and the U.S. Patent and Trademark Office evaluate numerous factors, including the similarity of the marks, the relatedness of the products or services, the strength of the existing trademark, and the likelihood that consumers will believe the businesses are connected.
One of the biggest misconceptions is that the first person to register an LLC or purchase a domain name automatically owns the trademark. Trademark rights arise differently, and registration with the New York Department of State does not determine trademark ownership. Before adopting a new brand, businesses should evaluate potential trademark risks rather than relying solely on a business entity search.
Not every business needs a federal trademark registration, but many businesses benefit from one even if they currently operate only in New York. Federal registration provides important legal advantages, including nationwide priority as of the filing date in many circumstances, a public record of your rights, and stronger enforcement tools if another business begins using a confusingly similar mark.
Some small businesses rely on common law trademark rights created through use of the mark in commerce, and those rights can be valuable. However, common law rights are generally limited to the geographic areas where the mark is actually used and recognized. As a business grows, expands online, or begins serving customers outside New York, those limitations can become significant.
We generally encourage businesses to think beyond where they operate today. If you expect to grow, franchise, expand into other states, or build long-term brand value, obtaining a federal trademark early is often far less expensive than trying to resolve a trademark dispute after your business has become successful.

Copyrights, Patents & Ownership

Closing & Post-Closing considerations

Many founders worry that someone will steal their idea after hearing a pitch. In practice, that is usually not the biggest risk. Investors review hundreds of business ideas every year, and most reputable investors will not sign non-disclosure agreements before an initial meeting because doing so could expose them to unnecessary legal risk. Focusing exclusively on confidentiality can sometimes distract founders from the more important issue of developing a broader intellectual property strategy.
Instead, founders should identify what aspects of their business are actually protectable. That may include filing a trademark application before launch, preserving trade secrets, securing ownership of software and other intellectual property, documenting inventions, or filing a patent application when appropriate. The strategy depends on the nature of the business and the assets that create its competitive advantage.
Our advice is to spend less time trying to protect a general idea and more time protecting the intellectual property that makes your business valuable. Most successful startups are not built around an idea alone. They are built around execution, proprietary technology, strong branding, customer relationships, and intellectual property that competitors cannot easily replicate.
Every agreement should clearly state who owns the intellectual property created during the relationship. While the language will vary depending on the circumstances, businesses should generally address ownership of inventions, software, source code, designs, logos, marketing materials, written content, confidential information, and other work product created for the company. The agreement should also include provisions addressing confidentiality and, where appropriate, the assignment of future intellectual property rights.
One of the biggest mistakes growing businesses make is assuming ownership is obvious. It often is not. Employees and independent contractors are treated differently under intellectual property law, and simply paying someone to perform work does not necessarily mean the business owns what they create. Without properly drafted agreements, ownership disputes may arise years later when the company raises capital, is acquired, or attempts to enforce its intellectual property rights.
We encourage businesses to address ownership before work begins, not after a dispute develops. Investors, lenders, and potential buyers routinely examine intellectual property ownership during due diligence, and unclear ownership can delay or even jeopardize financing and acquisition transactions.
The first step is determining exactly what has been copied and what legal rights you have. Different forms of intellectual property are protected in different ways. A copied logo may involve trademark law, copied website content may involve copyright law, misuse of confidential business information may involve trade secret law, and copied technology may involve patent rights. The appropriate response depends on the type of intellectual property involved and the available evidence.
Before contacting the other party, preserve as much evidence as possible. Save screenshots, advertisements, webpages, emails, product listings, social media posts, and any other materials showing how your intellectual property is being used. It is also important to confirm that you actually own the intellectual property and determine whether you have federal registrations or other legal rights that strengthen your position.
One of the biggest mistakes businesses make is either ignoring infringement or immediately threatening litigation without first evaluating their legal options. In some situations, a cease-and-desist letter or negotiated resolution is enough to resolve the issue. In others, litigation may be necessary to stop ongoing infringement and recover damages. The right strategy depends on the strength of your rights, the extent of the infringement, and your long-term business objectives.

Updated June 2026