News & Insights

Blog & Case Law

Practical guidance and legal analysis from Twisdale Law, PC on trademarks, patents, copyrights, AI, and business law.

Patents

Plant Patents: Protecting New Plant Varieties Under U.S. Law

How plant patents protect new asexually reproduced plant varieties under 35 U.S.C. § 161: what qualifies, the application process, and enforcement.

Business

Understanding the Differences Between an S Corporation and a C Corporation

S corporation vs. C corporation: state-law structure, tax treatment, S corp eligibility rules, and when a C corporation is the better choice.

Case Law

When Reaction Goes Too Far? Ethan Klein's Lawsuits Against Kaceytron and Denims

Two newly filed copyright lawsuits over full-length reaction streams could reshape how courts evaluate fair use for streamers and reaction content.

Business

Understanding the South Carolina Solicitation of Charitable Funds Act

South Carolina's Solicitation of Charitable Funds Act: who must register, exemptions, professional fundraiser rules, disclosures, and penalties.

Patents

The Patent Application Process

An overview of the U.S. patent application process in five steps, from preparing your application to working with the USPTO through examination.

Business

Navigating Mergers in South Carolina

South Carolina mergers explained: eligible entities, the plan of merger, parent-subsidiary rules, articles of merger, nonprofits, and real property.

Business

Dissolving a Nonprofit Corporation in South Carolina

How to dissolve a South Carolina nonprofit: Articles of Dissolution, asset transfers, Attorney General approval, and practical considerations.

Patents

What Is a Patent? A Plain-English Guide for Small Businesses and Inventors

A plain-English guide to patents for inventors and small businesses: what a patent is, the rights it gives, types of patents, requirements, and timing.

Business

How to Establish a Nonprofit in South Carolina

How to form a nonprofit in South Carolina: Articles of Incorporation, tax-exempt status, bylaws, practical steps, and ongoing compliance obligations.

Business

Understanding the Difference Between a Corporate Name and Trade Name

Corporate name vs. trade name (DBA): what each does, why incorporating doesn't give you trademark rights, and how to protect your business name.

Business

Understanding the Business Acquisition Process: A Guide for Business Owners

The four main stages of buying or selling a business: initial discussions, term sheets and LOIs, due diligence, and signing the definitive agreement.

Business

Part 6 – Critical Importance of Proper Equipment Cleaning Series: Concluding Thoughts on Ensuring Safety Through Proper Equipment Cleaning

Part 6: concluding the series on shared-equipment cleaning, with the legal and financial stakes and proactive measures to protect users and companies.

Business

Part 5 – Critical Importance of Proper Equipment Cleaning Series: Steps for Companies to Mitigate Risks

Part 5: lessons from Stahle v. CTS Corp. and practical steps companies can take to reduce liability from contaminated shared equipment.

Business

Foreign Corporations Entering South Carolina

Should your business register as a foreign entity in South Carolina? What counts as transacting business, exemptions, and the cost of not registering.

Business

Understanding Foreign Corporations in North Carolina: Registration, Compliance, and Legal Consequences

Doing business in North Carolina as an out-of-state company: the Certificate of Authority, what counts as transacting business, and the consequences.

Business

Part 4 – Critical Importance of Proper Equipment Cleaning Series: Cleaning Gym Equipment

Part 4: what Young v. Olympus means for gym owners and other operators of shared equipment, and how product-liability tests apply to cleaning.

Business

Transacting Business in Tennessee as a Foreign Corporation: Legal Requirements and Consequences of Noncompliance

When an out-of-state corporation needs a Tennessee certificate of authority, what counts as transacting business, and the penalties for noncompliance.

Business

Part 3 – Critical Importance of Proper Equipment Cleaning Series: VR Industry

Part 3: shared VR headsets in commercial settings, disease-transmission risk, and the liability exposure for operators who skip proper disinfection.

Trademarks

Municipal Trademarks: How Cities Are Using the USPTO to Protect Their Brands

Why cities register trademarks with the USPTO, real municipal examples, whether governments can register marks, and how city marks are challenged.

Case Law

The Thaler v. Perlmutter Decision: What It Means for AI, Copyright, and Your Business

The D.C. Circuit reaffirmed that AI-generated works, on their own, are not eligible for copyright protection under current U.S. law — here's what that means if your business uses AI tools.

Business

Part 2 – Critical Importance of Proper Equipment Cleaning Series: Extending the Health Risks to Other Devices

Part 2: how contamination risks extend to VR headsets, fitness equipment, and office tools, and why businesses with shared devices should care.

Trademarks

Understanding Trademark Office Actions: How to Address an Improper Description of Your Mark

Got a USPTO Office Action for an improper description of your mark? What it means, a real example, what happens if you don't respond, and how to fix it.

Business

Part 1 – Critical Importance of Proper Equipment Cleaning Series: Lessons from Duodenoscopes

Part 1: what duodenoscope infection cases teach companies about the legal and financial risk of improperly cleaned shared equipment.

Case Law Trademarks

Supreme Court Overrules Fourth Circuit on Lanham Act Profit Disgorgement

Dewberry Group, Inc. v. Dewberry Engineers Inc. limits recovery of profits in trademark infringement cases and reinforces corporate separateness — here's what it means for your business.

Business

Forming and Operating a North Carolina Limited Liability Company (LLC): A Comprehensive Guide

Forming an LLC in North Carolina: naming, Articles of Organization, registered agents, operating agreements, and ongoing compliance requirements.

Business

Setting Up an LLC in South Carolina

Creating an LLC in South Carolina is a straightforward process that provides liability protection and a flexible management structure — here's how to get started.

Business

Forming and Operating a South Carolina Limited Liability Company (LLC): A Step-by-Step Guide

Step-by-step guide to forming a South Carolina LLC: name rules, Articles of Organization, agent for service, operating agreements, and SC LLC taxes.

Business

Forming and Operating a Tennessee Limited Liability Company (LLC): A Comprehensive Guide

Forming a Tennessee LLC: choosing a name, filing Articles of Organization, registered agents, operating agreements, annual report fees, and compliance.

Trademarks

Tennessee Trademark Laws

How Tennessee trademark registration works: eligibility, the filing process, specimens, renewal, assignments, and enforcement under Tennessee law.

Trademarks

How to Challenge a Pending Trademark Application

A letter of protest lets a trademark holder submit evidence to the USPTO before a conflicting mark is approved — a cost-effective alternative to formal opposition proceedings.

Trademarks

The Importance of Trademark Registration: Federal vs. State Options

Federal or state trademark registration? The risks of skipping federal registration, when a state mark makes sense, and how to choose for your business.

Trademarks

Understanding Trademarks

What trademarks and service marks are, why they matter, and when and how to register one to protect your brand. A plain guide from Twisdale Law, PC.

Business

Setting Up an LLC in South Carolina

Creating an LLC in South Carolina is a straightforward process that provides liability protection and a flexible management structure — here's how to get started.

Case Law Trademarks

Supreme Court Overrules Fourth Circuit on Lanham Act Profit Disgorgement

Dewberry Group, Inc. v. Dewberry Engineers Inc. limits recovery of profits in trademark infringement cases and reinforces corporate separateness — here's what it means for your business.

Case Law

The Thaler v. Perlmutter Decision: What It Means for AI, Copyright, and Your Business

The D.C. Circuit reaffirmed that AI-generated works, on their own, are not eligible for copyright protection under current U.S. law — here's what that means if your business uses AI tools.

Case Law

When Reaction Goes Too Far? Ethan Klein's Lawsuits Against Kaceytron and Denims

Two newly filed copyright lawsuits over full-length reaction streams could reshape how courts evaluate fair use for streamers and reaction content.

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