Sean Goodwin

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.

• 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.

Illinois

Supreme Court of Illinois

Since 2008

Of Counsel

Lexern Law Group

2022 - 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

2010 - 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.

Washington University School of Law

LL.M. (2012) | Intellectual Property and Technology Law

2011 - 2012

Activities: Student Council of LL.M. Class

University of Illinois Chicago School of Law

J.D. (2008) | Certificate in Intellectual Property Law

2005 - 2008

Honors: Dean's List

Activities: Brehon Law Society

Loyola University Chicago

B.S. (2000) | Chemistry, Emphasizing Biochemistry

1995 - 1999

Intellectual Property Law Association of Chicago (IPLAC)

Member

2024 - 2025

Trademark Law Basics and Recent Supreme Court Updates, Union League Club of Chicago

April 10, 2024

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.

Patent Attorney

United States Patent and Trademark Office

2010

Q. Registered a Trademark to Prevent Other Amazon Sellers from using this Keyword

January 22, 2025

A: Keywords are descriptive of the product. Trademark law allows your competitors to use words to physically describe their products, such as "black and white" shakers.

If anyone was using "black and white" as a brand for their salt and pepper shakers before you registered the phrase, then they would be considered senior trademark users. Senior users are allowed to continue using their marks even if you recently received a federal trademark registration from the USPTO. That registration will prevent the senior user from expanding its current geographical sales territory. In essence, your registration claims the entire United States with the exception of any pockets where senior users are currently operating.

The most apt analogy is you have received a registration for a "yellow circle," but every pizzeria in every city who uses the phrase "yellow circle" to describe the pizza that they sell is still allowed to do so. Anyone who has a "yellow circle" on their menu that predates your registration can continue to do so, but cannot expand their delivery radius. ... Read More

Q. Can a company/individual register a patent for the design of a stainless steel insulated drinking flask?

January 21, 2025

A: Yes, the ornamental design (not useful components) of a physical good can be registered for a patent. The process is complicated and I highly recommend hiring a licensed patent attorney to help with this project. More information about design patents can be found here: https://www.uspto.gov/patents/basics/apply/design-patent

Q. T-Shirts with AC/DC inspired logo with different letters.

January 13, 2025

A: First, U.S. trademark law only applies in the U.S. If you plan to only sell in Italy, then you need to seek out an Italian trademark attorney. If you plan to make the product in the U.S. and export to Italy, then the laws of both countries need to be considered.

Second, the U.S. Supreme Court reversed trademark parody law. Basically, you cannot sell a product and claim it is a "parody" anymore even if you are poking fun at the original source content. Therefore, if you want to use a trademark that piggybacks on its fame, such as the AC/DC mark, then you need to ask the owners for a license. I highly recommend hiring a competent trademark attorney to help you approach the owner to ask/negotiate a license. ... Read More