What happens to your trademarks, patents, and copyrights when you die, and why your heirs probably have no idea what they're actually inheriting?

In Part 1 of a two-part series on IP legacy, patent and business attorney Julie King breaks down the IP succession crisis: what makes intellectual property different from every other asset in your estate, the three ownership scenarios that determine what happens to your IP when you're gone, and six concrete steps to protect everything you've built.

Plus: the assignment document requirement most estate attorneys don't know about, and the Prince estate as a half-billion-dollar cautionary tale.

Part 2 (later this season) covers the digital estate: what happens to your social media accounts, domain names, and online presence when you're gone.

Next week: operating agreements — the document that can save your business and your closest relationships.

Covered in this episode:
- Why trademarks are "living assets" that can be cancelled and claimed by competitors if maintenance lapses
- The patent maintenance fee clock that doesn't stop for probate
- What happens to your copyrights and who controls your creative legacy
- Why trade secrets are the fastest to die in a succession crisis
- The three ownership scenarios: personally owned, business-owned, or licensed to your LLC
- The USPTO assignment document step that can leave heirs unable to enforce inherited IP rights
- Six action items to protect your IP legacy starting today

TIMESTAMPS (approximate — adjust after recording):
00:00 — The haunted house: what your heirs actually inherit
01:42 — About this series + next week's topic
02:59 — IP is property, but not like other property
04:42 — Trademarks: the hungry asset
07:06 — Patents: the ticking clock
09:23 — Copyrights: the long tail
10:56 — Trade secrets: the fastest killer
12:23 — Who actually owns your IP right now?
13:05 — Scenario 1: you own it personally (and the assignment document most estate attorneys miss)
15:43 — Scenario 2: your business owns it
18:09 — Scenario 3: you own it personally and license it to your LLC
20:19 — Real-world example: Prince and a half-billion-dollar estate with no plan
21:42 — You don't have to be Prince to need a plan - a realistic hypothetical
23:56 — Six action items to protect your IP legacy

🎙️ ABOUT THIS PODCAST: Spellbinding IP: Patent, Trademark, and Business Strategy. Helping entrepreneurs, creators, and small business owners understand and use IP law as a business tool, without the jargon.

📅 Ready to protect your brand and business? Book a consultation: https://kingpatentlaw.com/appointments/consultation/. I help creators and small business owners with IP matters nationwide and with contracts in Illinois and Georgia.

📰 Sign up for the Spellbinding IP newsletter at kingpatentlaw.com

@kingpatentlaw on social media (NOT X)

Avoid the legal horrors and keep rocking your IP. 💀🎸

DISCLAIMER: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. This video contains attorney advertising material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone number and email address available at kingpatentlaw.com.

Taylor Swift just filed to trademark her voice. Here's why that matters for every creator, and the 8 brand deal contract clauses you need to read before you sign anything.

In this episode, I walk through the eight contract clauses in brand deals that quietly strip creators of their rights, including the AI replica clause that Taylor Swift's legal team is working to address through trademark law. What each clause means, why it matters, and what you can do contractually right now.

Timestamps:
(00:00) Introduction: Taylor Swift just applied to register her voice as a trademark
(02:52) Why this matters for every creator, and what you can do about it
(03:44) Clause 1: "All rights," "in perpetuity," "worldwide license"
(05:20) Clause 2: Work-for-hire, and what the Supreme Court said
(08:51) Clause 3: Assignment vs. licensing
(10:21) Clause 4: Your name, voice, and likeness
(11:01) Clause 5: The AI replica clause
(14:40) Clause 6: Exclusivity and non-compete language
(16:07) Clause 7: FTC disclosure—who gets sued when it goes wrong
(17:49) Clause 8: Indemnification
(10:23) Practical takeaway and the free checklist

📎 Free download: Brand Deal Red Flags Checklist at kingpatentlaw.com

Avoid the legal horrors and keep rocking your IP.🎸🕷

📄 Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

📱@kingpatentlaw on social media platforms (NOT X)

🗓 Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. I serve intellectual property clients nationwide and business and estate planning clients in Illinois.

Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. Contains attorney advertisement material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone and email available at kingpatentlaw.com

If a competitor opens up down the street with the same color scheme, the same layout, the same vibe, and just a different name, is that legal? Maybe not.

Today Julie King of King Patent Law, PLLC, covers trade dress: the intellectual property protection that most small business owners have never heard of, which can protect everything that makes your business visually distinctive, above and beyond your name and logo.

In this episode:

• What trade dress is and what it protects, from packaging to restaurant interiors to color combinations
• The two legal requirements: distinctiveness and non-functionality
• Four real cases, including a brand-new 2025 decision and two trips to the Supreme Court
• How to register your trade dress (and when it’s worth it)
• A six-step practical sequence to start protecting your visual identity now

I have a handy free downloadable Is It Trade Dress? checklist on my website – check it out!

Timestamps:
(00:00) Intro: The Look That Gets Copied
(03:07) What Is Trade Dress?
(04:54) Louboutin and the Red Sole: When a Color Becomes a Brand Identifier
(05:57) Miracle-Gro vs. Spruce: When Green and Yellow Belong to Everyone
(08:06) The Two Requirements: #1 - Distinctiveness
(09:19) Crystal Head Vodka vs Element Spirits Tequila – Battle of the Skull Bottles
(09:38) The Two Requirements: #2 – Nonfunctionality
(11:00) Gibson Guitars: The Flying V Is Ok, But Is The Les Paul Single Cutaway Shape Functionality A Problem?
(11:36) Two Pesos v. Taco Cabana: The Supreme Court Case That Defined It All
(13:00) Bad Spaniels: Dog Toy, Jack Daniel’s, and the Parody Problem – You Can Dilute a Whiskey Brand By Tarnishment Just Like You Can Dilute the Whiskey With Dirty Ice
(15:36) Registration: What It Takes and When It’s Worth It
(16:58) Six Steps to Protect Your Visual Identity
(20:03) Key Takeaways
(21:40) FAQ Time! #1 – Can I protect my website design as a trade dress trademark?
(22:11) FAQ #2 – What is the difference between trade dress trademarks and word or image trademarks?
(22:36) – FAQ #3 – How is trade dress trademark protection different from copyright?
(23:09) – FAQ #4 – Can someone use my trade dress in a parody?
(24:09) – FAQ #5 – Does trade dress trademark registration make sense for a small business?
(24:38) How to work with Julie and how this is not legal advice.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Related episode: The Two-Headed Monster of Design IP: Combining Patents and Trademarks for Lifelong Protection: Spotify link; Apple Podcasts link; YouTube link; blog post w/ video link
📱 @kingpatentlaw on social media platforms (NOT X)

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. We serve intellectual property clients nationwide and business and estate planning clients in Illinois.

Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. Contains attorney advertisement material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone and email available at kingpatentlaw.com