Fish IP Law LLP

A distinctive product design isn’t automatically eligible for trademark protection.

The functionality doctrine draws an important line between how a product works and how customers identify its source.

• Utility patents may protect eligible inventions for a limited term.
• Trademarks identify the source of goods or services and can last indefinitely if properly maintained.
• Functional features—those essential to a product’s use or purpose, or affecting its cost or quality—cannot receive trademark or trade dress protection.

For example, a handle shape that improves grip may be functional. A nonfunctional, distinctive design that identifies your brand may qualify for trade dress protection.

Understanding this distinction can help you build a stronger intellectual property strategy.

Have questions about protecting your invention or product design?

Visit fishiplaw.com to learn more and connect with Fish IP Law.

Watch full video here👉🏿
https://youtu.be/cQ0T84Y71C0?is=8L_FNLY9dr2m2vht

When copyrighted books, artwork, music, or blog posts are used to train AI without permission, does that violate copyright law?

Under U.S. law, the answer depends on the facts—not simply on whether AI is involved.

The AI developers’ position:
Developers argue that training can qualify as fair use because it analyzes patterns and serves a different purpose from the original works.

The creators’ position:
Rights holders argue that unauthorized copying exploits their work and can harm sales and licensing opportunities, including by enabling competing content.

Where does the law stand?
Courts have already issued significant, fact-specific rulings. Some have favored fair use for particular training uses; others have rejected the defense in different circumstances. These decisions do not establish a blanket rule for all AI training.

Three questions matter: How was the material obtained? How was it used in training? Does the output infringe protected expression?

Fair use requires weighing the purpose of the use, the nature of the work, the amount used, and the effect on its market. Publicly accessible content is not automatically free to copy.

What role should licensing play in balancing AI innovation and creators’ rights?

*General information about U.S. law; not legal advice.

What does it really take to protect a brand before problems start?

On The PatentBeast IP Talk, attorney Bob Fish of Fish IP Law sits down with Mario Simonyan of ESQgo for a conversation about brand protection, trademarks, marketplace enforcement, and the legal strategies businesses should consider as they grow.

If you are building a company, launching a product, or protecting a name you have worked hard to create, this is a conversation worth following.

Learn more: www.fishiplaw.com
ESQgo: www.esqgo.com

Entrepreneurs BrandStrategy MarketplaceEnforcement FishIPLaw ESQgo PatentBeastIPTalk

🎵 Red, red w**e. 🎵

Today is National Red W**e Day. If it is not the perfect day to enjoy a glass of w**e, then when is?

From Merlot and Cabernet Sauvignon to Pinot Noir, Port, and Syrah, red w**es are known for their deep ruby, amber, and brown hues, which reflect the ripening of grapes and the transition into fall.

W**emaking starts with selection of fruit, fermentation into alcohol, and bottling and aging of the finished liquid. W**e was first made in 6000 B.C. in South Caucasus. The Romans spread viticulture throughout Europe, establishing vineyards in France, Spain, and Germany that formed the foundation of the modern w**e industry.

Aging w**e takes time and is often done in oak barrels, which are expensive and only last a few years. In 2024, Elyashiv Drori secured U.S. Patent No. 11,866,680 for a w**e aging system that replaces oak barrels with steel tanks but retains the oak aging benefits by circulating the w**e through oak barrels to impart flavor and permit micro-oxidation.

As you select your next varietal, remember to raise a glass to the inventors and the inventions that have improved viticulture over millennia. Cheers! 🍷🍷🍷

**eDay **e

What happens to knowledge when an employee leaves?

Employees can take their skills, experience, judgment, and general know-how with them.

They cannot take protected confidential information or trade secrets.

That distinction matters.

Experience can travel. Trade secrets cannot.

For founders, a strong IP strategy may include more than patents. It can also mean identifying valuable confidential information, protecting access to it, and preserving institutional knowledge as teams grow and change.

The ongoing apple – OpenAI dispute is a timely reminder: if a key employee joined a competitor tomorrow, would you know what belongs to the employee and what belongs to the company?

Learn more at www.fishiplaw.com

__
Educational information only; not legal advice.

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LIVE THIS WEDNESDAY AT 2 PM ON YOUTUBE

Don’t miss this episode of The Patent Beast Podcast with Mario Simonyan, Founding Attorney of ESQgo, PC.

We’ll talk about why he founded ESQgo and how unauthorized sellers are draining marketplace revenue — and what brands can do to stop them.

Hosted by Ania Alexakos
Founded by Bob Fish

Watch live on the Patent Beast YouTube channel.

Follow us, subscribe, like, and share.

ESQgo

NEW PODCAST EPISODE
The USPTO is making patents easier.
Are you using the new tools?

Full episode in the 🔗bio link: YouTube.com/

Traditional patent review can take 18–22 months—an important delay for startups and technology companies planning fundraising, launches, licensing, and market strategy.

In the latest episode of The Patent Beast IP Talk our host Ania Alexakos, founder/ceo of ManyMedical, Inc. , joins Bob Fish ,Founding Partner of Fish IP Law LLP and creator of the podcast, to discuss USPTO updates and resources for inventors, startups, entrepreneurs, and businesses.

Have a patent or IP question? Share it in the comments. Your question may become a future Patent Beast IP Talk topic.

For patent strategy resources, visit 👉🏿PatentBeast.com.
Patent Beast™ AI: A specialized Small Language Model built for instant, on-demand clarity on intellectual property and patent basics.

www.fishiplaw.com

USPTO - Traditional patent review can take 18–22 months an important delay for startups and technology companies planning fundraising, launches, licensing, and market strategy.

In the latest episode of The Patent Beast IP Talk our host Ania Alexakos, founder/ceo of ManyMedical, Inc. , joins Bob Fish ,Founding Partner of Fish IP Law LLP and creator of the podcast, to discuss USPTO updates and resources for inventors, startups, entrepreneurs, and businesses.

Key takeaways:

• Streamlined claim sets: Applications with 10 total claims, including one independent claim, may qualify for review in approximately 3–5 months without the Track One small-entity fee. Eligibility and current USPTO procedures should be confirmed.

• First Office Action Estimator: Helps applicants plan development, financing, licensing, and commercialization timelines.

• Pre-docketing notices: May give applicants time to reassess an application before examination and evaluate potential fee recovery under applicable procedures.

• Section 101 responses: Technical facts, declarations, and other evidence may help demonstrate how an invention improves technology or solves a specific technical problem.

The episode also covers overlooked USPTO resources, more efficient examination options, filing considerations, and why patents should be treated as business assets—not just legal documents.

Protect the idea. Understand the system. Build the strategy.

NEW EPISODE — THE PATENT BEAST IP TALK

The USPTO is changing—and patent applicants, inventors, founders, and businesses need to know what’s available to them.

Join Ania Alexakos, Host of The Patent Beast IP Talk, and Bob Fish, Esq., Founding Partner of Fish IP Law, for:

“The USPTO Is Making Patents Easier: New Tools and Programs Every Applicant Should Know”

Tuesday, August 25, 2026 at 2:00 PM

We’ll break down what innovators should know about the latest USPTO tools and programs—and how applicants can use the patent system more strategically.

If you’re developing a new product, building a startup, managing an IP portfolio, or preparing to file a patent, this is a conversation you won’t want to miss.

Watch on YouTube:
Follow on Instagram:
Visit: PatentBeast.com

Protect the idea. Understand the system. Build the strategy.

Follow and subscribe to on YouTube so you don’t miss the episode.

AI is changing how inventions are created—but does using AI mean you can’t patent the result?

Not necessarily.

Under current U.S. patent law, only a natural person can be named as an inventor. AI may assist in developing an invention, but it is treated as a tool—not an inventor.

For founders, engineers, startups, and companies using AI, the bigger question is often:

Did a human make the inventive contribution necessary to support inventorship—and are you documenting that contribution properly?

That distinction can matter when valuable technology is on the line.

As AI becomes embedded in product development, companies should be thinking about IP strategy early—not after a product launches, a competitor appears, or an investor starts asking about protection.

At Fish IP Law, we help innovators identify what is protectable, develop strategic patent portfolios, and turn innovation into intellectual property assets that support long-term business value.

Building something with AI? Protect the human innovation behind it.

Contact Fish IP Law to discuss your patent and IP strategy.

FishIPLaw.com
(858) 764-2445

This post is for general informational purposes and is not legal advice.

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