Hey there, business owners! Running a company in today’s fast-paced world isn’t easy. You’re juggling products, marketing, and partnerships, all while trying to protect what makes your business unique. That’s where intellectual property (IP) law comes in. But let’s be real: it can feel like a maze, especially with AI shaking things up and copyright trolls sending demand letters.
In a recent episode of Letters of Intent, host Pankaj Raval of Carbon Law Group sat down with IP attorney Sara Gold, Esq., to break it all down. Sara’s a pro at navigating copyright, trademark, and fair use issues, drawing from her unique background as a former news journalist turned lawyer. Together, they unpack everything from registering trademarks to handling AI-related copyright challenges.
This blog post dives into their conversation, offering actionable insights to help you safeguard your business. Whether you’re launching a new brand or dealing with an infringement claim, we’ve got you covered. Plus, we’ll show you why partnering with a firm like Carbon Law Group can make all the difference. Ready? Let’s jump in!

Sara Gold’s Journey into IP Law: From Journalist to Legal Expert
Let’s start with Sara’s story. It’s pretty inspiring. Before becoming an IP attorney, she was a news journalist, always chasing stories and digging for the truth. That investigative spirit? It led her to law school at California Western School of Law in San Diego. Her dad’s suggestion turned out to be a game-changer.
“I’ve always been a writer,” Sara shares. “Turning that into a career in law seemed natural.” Her journalism roots gave her a deep connection to copyright law, which protects creative works like articles and photos. That passion for creation naturally extended to trademarks, think logos and brand identities like the Nike Swoosh.
Now, Sara collaborates with Carbon Law Group, focusing on trademark and copyright cases. Whether she’s helping a client sue for infringement or defending against a demand letter, her expertise shines. It’s this blend of creativity and legal know-how that makes her insights so valuable for business owners like you.
Takeaway: A strong IP foundation starts with understanding your story, and Sara’s journey proves it.
The World of Intellectual Property: Copyrights and Trademarks Explained
So, what exactly is IP, and why should you care? It’s all about protecting what makes your business stand out: your ideas, your brand, your creations. Sara breaks it down into two key areas: copyrights and trademarks.
Copyrights: Protecting Your Creative Works
Copyright law safeguards artists and creators. Books, movies, photos, music, anything with a spark of originality gets protection the moment it’s created. “You get copyright protection as soon as the work is created,” Sara explains. But here’s the catch: to enforce those rights in the U.S., you need a copyright registration. Without it, your options are limited if someone steals your work.
This is huge for businesses posting content online. A photo on your website? A video for your marketing campaign? They’re protected, but registration boosts your legal muscle. And with AI using copyrighted material in new ways, this is more relevant than ever.
Trademarks: Securing Your Brand Identity
Trademarks are all about your business’s name and logo. Think McDonald’s golden arches or Coca-Cola’s script. Registering a trademark gives you a legal presumption of ownership, making it easier to stop copycats. Unlike copyrights, you don’t need a registration to sue for infringement, but it’s a game-changer.
Sara notes, “You want to register as soon as you can because you don’t want someone else swooping in first.” That priority date kicks in the moment you file, even if it takes a year to register.
Takeaway: Both copyrights and trademarks are vital. Registering them strengthens your position, something Carbon Law Group can help with.
Fair Use: A Tricky Balance for Business Owners
Now, let’s talk fair use. It’s a concept that trips up a lot of people. Fair use allows limited use of copyrighted material without permission, often for free speech or education. But it’s not a free-for-all. “Fair use is a complex doctrine,” Sara cautions.
Courts look at factors like the purpose of use, the amount taken, and the effect on the original work’s value. There’s no magic number like 30% is okay. “There’s no quantitative threshold,” Sara clarifies. Substantial similarity is what matters, and it’s judged case by case.
This gets tricky with AI. Companies like OpenAI and MidJourney face lawsuits from media giants like The New York Times, accused of using copyrighted content to train their models. Is it fair use? Sara says it’s a value judgment. “We as a society will have to decide if the benefits outweigh the harms.”
Takeaway: Don’t assume fair use covers you. Consult an attorney to avoid costly mistakes, Carbon Law Group is here to guide you.
AI and Copyright: A New Frontier for IP Law
AI is shaking up the IP world, and it’s a hot topic. News organizations and entertainers are suing AI companies, claiming their copyrighted works are being used to train models. Sara sees this as uncharted territory. “There haven’t been a lot of definitive decisions yet,” she notes.
The question is whether this falls under fair use. AI might transform data into new content, but does that justify using protected works? It’s a balancing act between innovation and creator rights. With cases against OpenAI and MidJourney making headlines, the courts will shape the future.
For business owners, this means caution. If you’re using AI tools, ensure the content you generate doesn’t infringe on existing copyrights. Sara advises, “You want to exercise caution” when posting or creating with AI.
Takeaway: Stay informed on AI’s legal impact. A Los Angeles attorney from Carbon Law Group can help you navigate this evolving landscape.
Registering Copyrights: Your First Line of Defense
Let’s get practical. How do you protect your copyrights? Registration is key, though not mandatory for initial protection. “If you want to enforce those rights, you need a U.S. copyright registration,” Sara explains.
The process is affordable, and the Copyright Claims Board (CCB), launched over two years ago, makes it easier. It’s a small claims option for infringements, offering up to $15,000 per work, even if you register after the infringement starts. The catch? You must act within three years of discovering the breach.
What if someone steals your photo online? File for registration and use the CCB to seek damages without the high cost of federal court. It’s a lifeline for small businesses or creators caught off guard.
Takeaway: Register your copyrights early. Carbon Law Group can streamline this process for you.
Handling Copyright Infringement Claims: Demand Letters Decoded
Ever gotten a scary demand letter claiming you owe $50,000 for using a copyrighted image? You’re not alone. Firms like Higbee often send these to small businesses, alleging infringement. Sara has a plan.
“First, hire a qualified copyright attorney,” she advises. Start by checking if you actually used the claimed work. Then, verify if it’s registered; unregistered works can’t be sued over until registered. Carbon Law Group often finds these letters overstate claims, giving room to negotiate or fight back.
Don’t panic. With expert help, you can reduce exposure or settle fairly. Sara warns, “These letters might not match your actual activity.”
Takeaway: Don’t face demand letters alone. Contact Carbon Law Group for expert defense.
Trademark Registration: Why It Matters and How It Works
Trademarks protect your brand’s identity. Registering gives you priority and legal leverage. “You get priority the minute you click the file button,” Sara says, though it can take a year to register.
The Process
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Filing: Submit with evidence of use or intent to use.
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Review: Takes about six months for an initial response.
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Opposition: A 30-day window for others to object.
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Registration: Finalizes in a few months if no issues arise.
Expedited Options
Need it faster? Extenuating circumstances like impending litigation or a big marketing push can justify expediting. Carbon Law Group has done this for clients facing copycats, securing federal court standing.
Takeaway: Register early with help from Carbon Law Group to avoid delays or disputes.
State vs. Federal Trademarks: Which Is Right for You?
Should you register at the state or federal level? It depends on your reach. “A federal trademark is best if you’re doing business across states,” Sara explains. You need some interstate commerce, say, tourists visiting your LA restaurant. Most businesses qualify.
State trademarks suit local operations, like a swap meet with no out-of-state customers. They protect within your state only. Federal registration offers broader protection and is usually the smarter move for growth-minded businesses.
Takeaway: Go federal for scalability. Carbon Law Group can assess your needs.
The Risks of DIY Trademark Filing
Tempted to save money with an online filing service? Think twice. “They don’t have the nuanced understanding to avoid pitfalls,” Sara warns. Mismatched services or rejected applications are common, leading to costly fixes or re-filings.
An attorney ensures accuracy, aligns your trademark with your actual business, and handles rejections. Carbon Law Group has helped dozens of clients correct DIY mistakes, especially when enforcement issues arise.
Takeaway: Invest in professional help. Avoid the headache with Carbon Law Group.
Challenging a Trademark: Fighting Back Against Squatters
What if someone registers your trademark first? Don’t lose hope. If you’re the true first user, you can challenge it through federal court or the trademark office. “You’d want to consult a qualified attorney,” Sara advises.
Act fast; delays can weaken your claim due to statutes of limitations. Carbon Law Group can guide you through this process, protecting your brand.
Takeaway: First use matters. Let Carbon Law Group fight for your rights.
Handling Office Actions and Appeals
Got an office action from the trademark office? It’s a rejection, often for “likelihood of confusion” with another mark. “You really need an experienced attorney to respond,” Sara says.
Options include requesting reconsideration (free but rarely successful) or appealing to the Trademark Appeals Board for a fee. If that fails, the federal court is the next step. An attorney’s expertise is critical here.
Takeaway: Don’t DIY an office action. Carbon Law Group can turn rejections into wins.
The Future of IP for Business Owners
Looking ahead, IP strategy is evolving. Sara urges business owners to do name searches before branding. “You don’t want to invest in a name that infringes,” she warns. With trademarks growing, due diligence is a must.
For copyrights, use licensed content from platforms like Canva. Misunderstanding fair use is a common pitfall. “It’s a narrow doctrine,” Sara emphasizes, not a catch-all for creative use.
AI adds complexity, so stay cautious with generated content. Partnering with Carbon Law Group ensures your IP portfolio is robust and compliant.
Takeaway: Plan ahead with expert help. Carbon Law Group is your partner in building a strong IP future.
Why Carbon Law Group Should Be Your Go-To
Running a business means protecting your assets. IP law is complex, but you don’t have to navigate it alone. Carbon Law Group, with experts like Sara Gold, offers tailored solutions, whether it’s registering trademarks, defending against infringement, or tackling AI challenges.
Our Los Angeles-based team understands California’s unique laws and the local business landscape. From startups to established brands, we’ve got the experience to safeguard your success. Ready to secure your IP? Contact us today.
Connect with Us:
🔗 Learn More: Website: carbonlg.com
Connect with Pankaj: https://www.linkedin.com/in/pankaj-raval/
Connect with Sahil: https://www.linkedin.com/in/sahil-chaudry-6047305/
Connect with Sara: https://www.linkedin.com/in/sara-gold-b230a6b1/