Intellectual Property

Elizabeth Sbardellati, Intellectual Property Partner, authored an article for IPWatchdog discussing trademark and intellectual property risks that can arise when founders use their personal names as brand names.

Excerpts:

In the apparel, beauty, and skincare space in particular, a founder’s identity often is the brand. That alignment can drive early momentum and deep consumer loyalty. But the same naming strategy that builds value at launch can create significant legal and business complications at scale—especially at exit.

Problems tend to arise not at launch, but at scale. When a brand is named after its founder, that name often becomes one of the company’s most valuable assets. In branded consumer goods, the goodwill embodied in the mark may represent a substantial portion of enterprise value.