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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.

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 Law Society
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Loyola University Chicago
B.S. (2000) | Chemistry, Emphasizing Biochemistry
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Professional Experience
Of Counsel
Lexern Law Group
- Current
Counsel business owners, licensed professionals, and their families concerning a broad range of business and estate planning matters, including business organizations, business sales and acquisitions, business succession planning, and estate planning.
Managing Attorney
Goodwin Legal Services
- Current
Entrepreneurial Legal Services · Business formation (LLC, Corporation, Partnership) and Operating Agreements. · Counseling, procurement, and maintenance of Patents, Trademarks, and Copyrights. · Protect and enforce intellectual property using Cease & Desist Letters, ICANN Uniform Domain-Name Dispute-Resolution Policy, and App Store dispute resolution procedures. · Drafting/Negotiation of Contractual Agreements (e.g., licenses, assignments, leases, employment, independent contractor, privacy policies, non-disclosure, confidentiality, terms of use, podcast release, testimonials, copyright work-for-hire, etc.). · FDA/FTC Regulatory Compliance of foods, beverages, dietary supplements, drugs, medical devices, and cosmetics. · Liability review of marketing/advertising of goods services.
Speaking Engagements
Trademark Law Basics and Recent Supreme Court Updates, Union League Club of Chicago
ULC Chicago Lawyer's Group
Presentation on Trademark Law basics for non-legal guests, focusing on alcohol-related trademarks, trends in the industry, and the impact of the recent Supreme Court Case "Jack Daniel's Properties v. VIP Products" in which trademark parody law was clarified. In essence, trademarks are a source designator and trademark parodies of famous marks may not be used for commercial purposes.
Certifications
Patent Attorney
United States Patent and Trademark Office
Jurisdictions Admitted to Practice
Illinois
Supreme Court of Illinois
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Fees
  • Free Consultation
    30 Minute Confidential Phone/Video Call
  • Rates, Retainers and Additional Information
    Flexible payment plans available. Hourly Rate Prorated (6 minute increments / 0.1 hours). Venmo, QuickPay, Zelle Accepted.
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
Languages
  • English: Spoken, Written
Legal Answers
Q. If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?
A: The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue for dilution of their mark when the alleged infringers are selling commercial products using a trademark parody.
Q. who patian Camco Curved Trailer Aid?
A: Camco Manufacturing, Inc. owns the design patent for a Curved Leveler with Base Pad.

See: United States patent number D918523.

This design patent should expire on May 4, 2036.
Q. BOYMOM is a trademark written in adjacent form. Can I write it separately and use it?
A: You are asking if you have a defense to allegedly committing trademark infringement. I do not think any lawyer will answer that question in a public forum.

A trademark is how customers recognize your goods or services in the marketplace and distinguish your goods or services from your competitors. If your trademark is confusingly similar to another trademark and the goods and services are related, consumers are likely to mistakenly believe these goods or services come from the same source. This is known as a likelihood of confusion, and is used as the basis for trademark infringement.

Each federal circuit (i.e., the forum where a federally registered trademark owner files a lawsuit for infringement) uses (essentially) the following factors to determine whether two marks are likely to be confused:

1) Similarity of trademarks in sound,

2) Similarity of trademarks in appearance,

3) Similarity of trademarks in meaning,

4) Commercial impression (do they convey the same overall visual impression?),

5) Whether the goods/services are related (t-shirts & pants v. hats).

Depending on the federal circuit, there could be more factors to be considered.
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Websites & Blogs
Website
Sean Goodwin Legal Services
Contact & Map
Sean Goodwin Legal Services
922 Davis Street
Evanston, IL 60201
Telephone: (312) 588-6762
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM (Today)
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: Open by Appointment Only. All work is performed remotely.