Alt Legal’s I ♡ Trademarks Conference was a standout event, blending practical guidance, community insight, and timely perspectives across legal, commercial, and cultural dimensions of brand protection.
As proud sponsors of this year’s event, it was more than an opportunity to connect — it also reinforced our ongoing commitment to stay engaged, keep learning, and deepen our understanding as the landscape of trademark law and brand protection continues to evolve.
🔎 Under the Influencer: Avoiding Chaos for NIL on Social Media
With speakers, Shelley Bella Fullwood, Esq., Kyona McGhee, Esq, Michelle J. Miller, Esq., LLM, and moderator, Erica Rogers, this session was a sharp reminder that social media visibility must be met with legal clarity, especially when identity itself becomes the asset.
Key insights included:
- Trademarks as Source Identifiers: The panel emphasized that while a catchy phrase or name might be popular online, it becomes protectable as a trademark only when it’s used in commerce and begins to serve as a source identifier for a good or service — shifting from casual expression to brand equity.
- Expanding Definition of NIL: NIL rights go beyond just a name or face. It can include voice, signature, likeness, or other distinctive attributes. In areas where copyright may fall short, NIL rights may fill the gap — especially if the element in question (like a voice) is distinctive and recognized.
- Contractual Clarity Is Critical: A recurring issue flagged was influencers not fulfilling brand expectations, often due to vague or incomplete contracts. It’s not enough to have a social handle — brands must know who to contact, how, and under what terms if something goes wrong. Clear agreements on the front end prevent chaos on the back end.
- Compliance with FTC Guidelines: Influencer-brand relationships must be transparent. If consumers can’t easily tell whether an influencer is being compensated or affiliated, it’s a compliance problem, not just a branding one.
One line that stuck with us came from Michelle Miller: “Don’t let others capitalize on your creativity.” A simple but powerful call for creators, and the professionals who support them, to be proactive in protecting what makes their brand unique.
This conversation reinforces the importance of anticipating missteps where legal rights, brand reputation, and public influence converge. We’re always examining how we can better support clients — and refine our internal understanding — as identity and commerce become increasingly intertwined.
To read Alt Legal’s session summary, visit https://www.altlegal.com/blog/ihtc-nil/
💄 Beauty Is in the Eye of the IP Holder: Protecting Beauty Brands in the Cosmetics Industry
In their fireside chat, Claire Gibson and Michael Wheeler unpacked the practical — and at times philosophical — challenges of building beauty brands that are not only marketable but enforceable.
Several points stood out:
- Balancing Appeal with Protection: Cosmetics brands must constantly weigh marketability against trademark enforceability. When choosing what to protect, it’s not just about visual or emotional appeal — it’s about asking: Does this mark have staying power? Is it worth the registration and enforcement costs?
- “Locking Up” Language: One strategy discussed was the concept of “locking up” descriptive terms by pairing them with a house brand. This creates a defensible structure where certain otherwise-generic words gain protectability when tied to the larger brand identity.
- Legal Workarounds Like Bill 96: For example, under Canada’s Bill 96, descriptive terms typically require translation into French. But if those terms are used in tandem with a brand name, translation may not be required — offering another layer of strategic brand protection.
- Eponymous Brands & Licensing Pitfalls: The discussion around eponymous branding (brands named after individuals) revealed a common legal hazard: unclear ownership. Whether licensing marks back to a founder or managing secondary marks, clarity on who owns what — and what limitations exist — is essential to avoid disputes down the line.
- Marketing vs. Legal: Bridging the Gap: A recurring frustration? Marketing departments skipping trademark clearance. Wheeler likened clearance to an insurance policy — a safeguard against pouring time and budget into a name you ultimately can’t use. Without it, a brand launch could be dead on arrival.
- Legacy Marks & Descriptive Landmines: Brands like Coty still hold long-established descriptive marks (e.g., “Clean and Fresh”) that wouldn’t be registrable today. These legacy assets require marketing teams to tread carefully — even internally — to avoid using them descriptively and undercutting their distinctiveness.
- Trade Dress & Design Registrations: The team also touched on the value of trade dress for monetization and brand distinction, and the speed and affordability of EU Community Design filings as a means to secure fast protection — even if only on paper.
From our perspective, this session reinforced the importance of aligning investigative and brand protection efforts with the evolving realities of how beauty brands are built and marketed.
We work with a number of health and beauty companies, many of which are newer to the scene and navigating these challenges in real time. Gaining this additional context helps us better understand what our clients are up against and where we can offer the most relevant insights and investigative support as they work with counsel to shape and defend their brand strategies.
To read Alt Legal’s session summary, visit https://www.altlegal.com/blog/ihtc-beauty/
🌈 Pride Overcoming Prejudice: Charting LGBTQ+ Paths in IP
Michael Goodyear moderated a discussion with Adraea Brown, Danielle Joy “DJ” Healey & Sophia from the Alt Legal team filling in for Nancy Mertzel.
This session explored the reappropriation of historically derogatory LGBTQ+ terms through trademark filings and how evolving trademark law intersects with identity, inclusion, and brand expression.
Takeaways included:
- A rise in filings involving slurs post-Tam and Brunetti, with many being authentic community-driven reappropriation attempts.
- The need for authenticity when brands align with identity narratives — especially when engaging the “pink dollar.”
- A reminder that inclusive workplace culture supports innovation and trust: policies, mentorship, peer support, and simply asking the right questions all matter.
This session was a thoughtful reminder that true brand protection includes protecting people — creating space where clients, colleagues, and collaborators feel seen, heard, and safe. Inclusion, like enforcement, requires active effort.
To read Alt Legal’s session summary, visit https://www.altlegal.com/blog/ihtc-lgbtqia/
⚖️ Fraud with Errors: Avoiding Both Egregious and Unintentional Ethical Issues
Michael McCabe, Jr. took the stage as a solo act, delivering a clear and practical breakdown of how failing to define clients early — or track conflicts reliably — can lead to often avoidable challenges.
He emphasized:
- Use of well-drafted engagement agreements to define client boundaries.
- Maintaining a robust, searchable conflicts database — not just relying on memory.
- Understanding how and when confidentiality and loyalty obligations extend post-representation.
- The added diligence required under USPTO Rule 11 and post-2019 changes, especially for foreign applicants.
These are principles we also take seriously — especially as an investigative partner working alongside counsel.
To read Alt Legal’s session summary, visit https://www.altlegal.com/blog/ihtc-ethics/
🌍 Don’t Jump to Confusions: Overcoming Trademark Refusals Across Borders
Lydia Gobena and M.J. Williams covered practical, global strategies to overcome refusals, whether based on likelihood of confusion, descriptiveness, or specimen issues.
Highlights included:
- Using marketplace evidence to demonstrate weakness in cited marks & help narrow the scope.
- Strategic use of non-use or prior rights cancellation proceedings under the TMA.
- Navigating specimen refusals in the U.S. — where proof of real-world use is essential.
- Avoiding contradictions in international filings that could undermine your global protection strategy.
- Consideration of “stealth filings” and Paris Convention priority for protection planning.
As a support partner in brand enforcement and investigation, understanding these variations helps us work more effectively across jurisdictions and anticipate pressure points before they disrupt broader goals.
To read Alt Legal’s session summary, visit https://www.altlegal.com/blog/ihtc-refusals/
Final Thought
Alt Legal’s I ♡ Trademarks 2025 offered more than legal updates — it added valuable perspective on how today’s IP challenges intersect with culture, commerce, and brand-building. The insights we gained will help inform how we think, collaborate, and support the evolving priorities of our clients.
We’re thankful to the Alt Legal – IP Management Software team, the speakers, sponsors, and fellow attendees for making this event genuinely impactful — and for continuing to foster conversations that move the trademark and brand protection community forward.
