Sean Goodwin

Sean Goodwin

Call/Email for Free Consultation - I help Entrepreneurs, Businesses and Families
  • Intellectual Property, Business Law, Estate Planning
  • Illinois
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Biography

I am a licensed patent attorney with the USPTO. If you have an idea for an invention and want to start a company based on that idea, I can help get your idea off the ground.

I help entrepreneurs start a business, register their intellectual property (i.e., patents, trademarks, copyrights), draft/negotiate any commercial contract agreements (e.g., employment, lease, distributor, services, licenses, assignments, website terms/privacy, etc.). I also have experience with marketing/advertising review for products and services (e.g., website review for legal liability). Specifically, I help healthcare companies with FDA and FTC regulatory review of foods, beverages, dietary supplements, cosmetics, drugs, and medical devices. If you need help with the language on your product labels/packaging, I can help.

If you are an established business, I can be your outside general counsel.

Please learn more about me at www.seangoodwinlegal.com.

Practice Areas
Intellectual Property
Business Law
Business Contracts, Business Dissolution, Business Formation, Franchising, Mergers & Acquisitions
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Jurisdictions Admitted to Practice
Illinois
Supreme Court of Illinois
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Education
Washington University School of Law
LL.M. (2012) | Intellectual Property and Technology Law
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Activities: Student Council of LL.M. Class
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University of Illinois Chicago School of Law
J.D. (2008) | Certificate in Intellectual Property Law
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Honors: Dean's List
Activities: Brehon Society
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Loyola University Chicago
B.S. (2000) | Chemistry, Emphasizing Biochemistry
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Certifications
Patent Attorney
United States Patent and Trademark Office
Websites & Blogs
Website
Sean Goodwin Legal Services
Legal Answers
3 Questions Answered
Q. I was looking on the gov website and several trademarks there said they were canceled. What website is more accurate?
A: The USPTO website is the most accurate website for a U.S. trademark registration status. If the trademark listed was "canceled," then the first person to apply for that trademark and the same class/listing would become the new owner once the examination was completed.

Trademark clearance searches can be confusing, and I highly recommend using an experienced trademark attorney to perform one accurately. The USPTO fees are nonrefundable, and examination now takes approximately one year before you will even know if the trademark you applied for can be registered. The amount of money spent on branding, only to have to rebrand, is usually more than what a trademark attorney will cost to perform a clearance search. ... Read More
Q. I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?
A: This is potentially a problem.

Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.

Federal trademark registration is a first-to-file system. However, anyone who previously used a similar trademark for similar goods/services is grandfathered in under something called "common law." Trademark law says that the junior user with the federal trademark registration can use the mark in all 50 states, and the senior user is stuck in its current geographical area of use. This is an issue for the current digital age where we cannot draw a geographical area around the pizza restaurant's delivery radius.

Back to your question, ICANN website domain listings do not check with a trademark office to see if it is currently claimed. Your best option is to ask a trademark attorney for a trademark clearance search to see if it is possible to register the trademark even though someone else owns the website domain. From a marketing perspective, it would be best to own the domain and the registered trademark.
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Q. Some company is using parts of my patent for their product. What is the process to stop this from happening?
A: At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.

The first step is to consult a patent attorney to determine if the claim language covers the actions of the alleged infringer.
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Contact & Map
The Goodwin Law Firm
922 Davis Street
Evanston, IL 60201
Telephone: (312) 588-6762
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