A tough game, missed fouls, and a trademark lesson entrepreneurs rarely hear


December 18, 2025

Hello Reader,

Earlier this month, one of my sons had a JV basketball game.

Let’s just say it did not go the way anyone hoped.

By the end of the game, the scoreboard wasn’t close. They’d lost by a wide margin. But the score wasn’t even the hardest part — it was everything around the game.

The refs missed a lot of fouls.
A lot.

There were clear pushes, reaches, and contact that just… weren’t called. And anyone who’s watched youth sports knows exactly how that feels — you see your kid getting bumped or hit, you hear the crowd reacting, but the whistle never blows.

After the game, my son told me something I didn’t realize from the stands:

“Dad, the other team was playing kinda dirty… and smack talking when the refs weren’t looking.”

He said it calmly, not in a complaining way — just honest.
And it made sense. You could see our players getting frustrated. They started second-guessing plays, hesitating, getting emotional. When you’re already behind and you feel like the rules aren’t being enforced evenly, it throws you off your game.

By the fourth quarter, it wasn’t just a physical loss — it was a mental one.

Which is why I was curious what the coach would say when they huddled up afterwards. Would he rant about the refs? Call out the unfairness? Break down every missed call?

Instead, he kept it simple:

“Good effort. Get some rest. Friday’s another game.”

No dwelling on the refs.
No complaining.
No lectures.

Just: rest, reset, and refocus.

And that stuck with me.

What this has to do with trademarks

In trademarks — just like in sports — you can do everything right and still feel like the game isn’t called fairly.

Many entrepreneurs experience this:

  • A competitor files something confusingly similar and seems to “get away with it.”
  • Someone plays dirty by copying your branding or using your name to siphon customers.
  • You get a refusal from the USPTO you didn’t expect or think is wrong.
  • A trademark troll tries to intimidate you with bad-faith filings.
  • Someone smack talks your brand online, but quietly, so it’s hard to address.

And it can throw you off your game emotionally — just like those kids on the court.

Trademark challenges aren’t always fair.
Competitors don’t always play clean.
And the “refs” (the USPTO) don’t always catch every conflict the way you want them to.

But here’s the key lesson:

You only lose when you stop playing.
You win by staying strategic, not emotional.

That’s what the coach modeled.
He didn’t pretend the game was fair.
He didn’t say everything was fine.
He simply focused the team on what they could control:

The next game.

So, what do smart business owners do?

  • They file early, before someone else “plays dirty” with their name.
  • They monitor their mark so they can respond fast when needed.
  • They stay calm and strategic when competitors misbehave.
  • They adapt when the USPTO makes a call that doesn’t feel right.
  • They protect their brand before visibility makes them a target.

Sometimes the best thing you can do is take the emotion out and focus on the next smart move.

This Week’s Trademark Registrations 🎉

If you’ve had a trademark setback — an unexpected refusal, a confusing letter, or a competitor behaving badly — it doesn’t mean you’re losing.

It just means it’s time for a better game plan.

See you courtside,

J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. If someone’s playing dirty with your brand name — using something similar or trying to confuse customers — reply to this email. I’ll tell you exactly how strong your options are.

J.J. Lee, Trademark Attorney

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