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Business | Intellectual Property | Estate Planning

Protecting innovation and creativity. Gray PLLC.

With over a decade of intellectual property and business law experience, Melissa has assisted hundreds of clients in protecting valuable assets through contracts, trademark filings, and general business needs. Ranging from startups to Fortune 500 companies, she can offer valuable, effective, and practical advice to clients at any stage of their business journey. Disclaimer: Nothing on this page, or in links provided on this page, constitutes legal advice or the practice of law. Nor does viewing this page form an attorney/client relationship between you and Melissa H. All visitors should consult with a qualified legal professional regarding their individual questions, needs, or issues that may be of concern. We are not responsible for any action taken by a reader based upon any information on this site. All of the content on this site is for general informational and educational purposes only. Melissa Gray is licensed to practice law in Florida and Texas.

10/15/2026

Are you a podcaster or content creator building a brand around your voice, vision, or platform? Then your content is more than just creative—it's intellectual property that deserves protection.

Here are 5 must-know IP tips to safeguard your show and content:

✅ Trademark your podcast name and logo to protect your brand identity.
✅ Register copyrights for your podcast episodes, intros, and original music.
✅ Use licensing agreements when featuring guests or collaborators to avoid future disputes.
✅ Don’t use background music unless you have the proper rights—yes, even short clips!
✅ Add terms of use on your website to protect your published content and clarify ownership.

If you’re building something meaningful, protect it like you mean it.

10/13/2026

A trademark dispute over frozen peanut butter and jelly sandwiches is moving forward in federal court.

On August 28, 2026, a federal judge denied Trader Joe’s request to dismiss J.M. Smucker’s lawsuit and declined to transfer the case to another federal district.

Smucker alleges that Trader Joe’s frozen PB&J sandwiches infringe trademarks associated with its Uncrustables products, pointing to similarities involving the sandwich shape and crimped edges.

Trader Joe’s has disputed the claims and argued, among other things, that certain design features are functional.

The court’s ruling does not determine whether trademark infringement occurred. It allows Smucker’s claims to proceed beyond the motion-to-dismiss stage.

The case highlights an important trademark issue for product-based businesses:

When can the design of a product function as a trademark — and when is it simply a functional feature?

For businesses, the dispute is a reminder that brand protection can involve more than names and logos. Product design, packaging and other visual elements can also become part of a brand’s identity.

The allegations in the lawsuit have not been adjudicated.

10/12/2026

A federal appeals court has issued a ruling in a copyright dispute involving GitHub Copilot and AI-generated code.

On September 16, 2026, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of claims alleging that GitHub Copilot and OpenAI's Codex violated the Digital Millennium Copyright Act by removing or altering copyright-management information from source code.

The court concluded that the tools generate new works rather than removing copyright-management information from an existing copy.

But there's an important distinction:

The court did not decide whether AI-generated code that is substantially similar to copyrighted code could constitute copyright infringement.

That question remains separate.

The case highlights a broader issue businesses using AI should be watching closely:

When AI generates content based on existing works, what rights does the business actually have in the output?

As AI becomes part of everyday business operations, understanding the difference between using an AI tool and owning the resulting work is becoming increasingly important.

10/09/2026

What if one of your business partners suddenly passed away? Without a partnership agreement, who takes over their share—heirs or remaining partners? This can put the entire business in limbo. 🤔

-
𝗠𝗲𝗹𝗶𝘀𝘀𝗮 𝗛. 𝗚𝗿𝗮𝘆, 𝗘𝘀𝗾.
Business Lawyer
🌐: thelawspot.com
📩: [email protected]

10/06/2026

The founder had already picked the name.

The logo was done.
The website was almost ready.
The team had started talking about the launch.

Then came the trademark search.

The problem wasn’t that someone had the exact same name.

The problem was that there was another mark that was similar enough, being used for related goods.

That changed the conversation.

Do we keep going?
Do we modify the name?
Do we build the brand and deal with the issue later?

This is why I tell founders that trademark work shouldn’t be the last step before launch.

Changing a name before you build around it is frustrating.

Changing it after you’ve invested in the website, packaging, marketing, customers, and goodwill can be much more expensive.

The best time to find a branding problem is before you build the brand.

10/05/2026

How similar is too similar?

New Balance has sued Decathlon in federal court over the logo used on certain Kiprun running shoes, alleging that the design infringes New Balance’s trademark rights in its well-known “N” logo.

The lawsuit, filed September 15 in Massachusetts, claims that Decathlon’s logo — which Decathlon identifies as a stylized “K” — can appear as an “N,” particularly in its mirrored form, and could cause consumers to believe there is a connection between the brands. New Balance says it has used its “N” on footwear since the 1970s.

Decathlon’s position, as described in the complaint, is that the logo represents a K, not an N.

At this stage, these are allegations in an ongoing case. No court has ruled on the trademark claims.

The business takeaway: Trademark risk isn’t limited to copying an identical name or logo.

When developing a new brand identity, businesses should consider how the mark will actually be seen and understood by consumers, not just what the designer intended it to represent.

A logo that looks different on paper may still create concerns when it appears on a similar product, in a similar market, and in front of the same type of customer.

Before investing heavily in a brand, clearance should consider more than whether the exact mark is already registered.

10/02/2026

A trademark registration doesn’t tell the whole story.

A company may have a registered trademark and still have questions around its broader IP portfolio.

What other brands are being used?
Who owns the underlying creative work?
Are there licenses?
Are there restrictions?
Are contractors and employees properly covered?

IP diligence is bigger than a search for registration numbers.

It’s about understanding what the company actually uses and owns.

09/30/2026

Tesla and SpaceX are now in federal court over the name “Terafab.”

Tesla, SpaceX, and SpaceXAI filed a lawsuit on September 15 asking a Texas federal court to declare that their planned semiconductor facility, which they intend to call “Terafab,” does not infringe TERA-print’s trademark rights.

TERA-print, a nanotechnology company, owns a federally registered “TERA-FAB” trademark. The company says it has used the mark for more than a decade.

Tesla and SpaceX, on the other hand, argue that the businesses, products, and commercial contexts are sufficiently different that there is little likelihood of consumer confusion.

So what makes this interesting from a trademark perspective?

It’s a good example of why trademark clearance should happen before a name becomes a major investment.

A name may sound perfect for a new product, company, or venture. But before putting millions of dollars into branding, marketing, and development, businesses should ask:

• Who is already using the name?
• What goods and services are covered?
• What trademark rights already exist?
• How similar are the businesses and markets?
• Can the brand actually be protected?

The dispute is still pending, and the court has not decided the trademark issues.

But one thing is clear: choosing a name is a business decision. Clearing the name is an IP decision.

09/29/2026

A founder pays a designer $50 for a logo.

The business grows.

The logo goes on the website.

Then packaging.
Then social media.

Then products.

Then a national advertising campaign.

Five years later, the company is preparing for an acquisition.

And suddenly someone asks:

“Who owns the logo?”

That's when a small creative expense can become a significant legal issue.

The lesson isn't that founders shouldn't use freelancers.

It's that founders should think about ownership when the asset is created — not when the company is being sold.

Your smallest early-stage decisions can become part of your biggest future transaction.

09/28/2026

If you get one, don’t panic—but do call a lawyer.

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