What building a true niche practice actually looks like

You came to IP law by way of accounting. Walk me through that pivot.

It was definitely a roundabout path with a few detours and pit stops in other practice areas. I started at a Big Four (at the time, Big Five) accounting firm and moved into internal audit at a major media conglomerate. I enjoyed learning about the operations side of business, especially risk management and compliance. 

When I moved to the radio division, I saw how much the law played a role in my job as assistant controller–compliance with federal regulations, contract review and discussions with outside law firms regarding different legal matters (reviewing their bills!). But it was when I was placed in charge of implementing guidelines to identify and prevent the practice of pay-for-play payola for our seven stations that I learned more about the music business and how artists were compensated. That’s when I discovered copyright law.

Learning more about how Black artists were rarely compensated for their work, undervalued and “encouraged” to sell it for pennies on the dollar led me to law school to practice sports and entertainment law. It took a few years and work in other practice areas, but I eventually made intellectual property my primary practice area. 

You've spoken quite a bit about the racial inequities in IP ownership. What does that actually look like in practice? 

This traces back to the historical exploitation of Black musicians, in which record companies and executives often exploited them, claimed ownership of their music, and cheated them out of long-term wealth. Many artists received only small payments—sometimes just a few dollars—for their work, and some died poor and destitute.

On top of that, white artists gained fame and fortune from covers of songs written and performed by Black musicians, such as Little Richard’s “Tutti Frutti” and Fats Domino’s “Ain’t That A Shame,” which was co-written by Dave Bartholomew. At the time, they did not receive royalties. Publishers would claim writing credits for their songs. All of this was driven by racial injustice.

Fast-forward to today. I see so many Black creatives on social media sharing their art, innovations and ideas with the world. Yet many haven’t taken steps to protect their work, whether by registering the copyright in their photos, applying for federal trademark protection for their unique business name or securing patents for their inventions. This reluctance stems from a mix of confusing social media messaging (such as claims that registering copyrights or trademarks is a government “scam”), distrust of lawyers and being overwhelmed by the amount of information available online about intellectual property rights and protection.

Is this the thread that connects the various industries you work with — beauty brands, beverage makers, clothing designers, artists?

These are the industries that interest me and that I follow passionately. They are also, in my opinion, the industries whose intellectual property is most often infringed.

Is working with clients in these industries why you're currently pursuing a master's in Industrial Design? What gap in your practice made you decide you needed that credential? 

Most of us are familiar with patents as a way to protect an invention. However, there are three types of patents.

Utility patents protect methods, processes, machines, articles of manufacture and compositions of matter.

Plant patents protect new plant varieties and asexual reproduction of plant varieties.

Design patents protect the appearance of an article of manufacture, such as a Birken bag or skort. 

Several of my clients want to use design patents—which don’t have a waiting period–to protect packaging and product designs. 

And you can’t file a design patent as an attorney?

In 2024, the USPTO began allowing individuals with design backgrounds to file design patent applications. Since I didn’t have a science or engineering degree or background, it made more sense for me to pursue Industrial Design so I could take the patent bar and become a design patent practitioner. Industrial Design seemed especially intriguing because it examines how and why certain products are made the way they are, the materials that go into the product, the manufacturing process involved, how it can be mass-produced and more. 

However, only 47 people applied to join the design patent bar from its launch in January through February of this year. There are only five registered design practitioners, none of whom are attorneys. Most of us were under the impression that a different bar exam would be offered; however, it is the same exam as the one for utility-patent practitioners and covers many topics that have nothing to do with design patents. So now I’m debating whether to continue with this degree or to scream and cry through the five science classes I need to take to sit for the utility patent bar. Decisions, decisions.

Maybe you will be a trendsetter! If design patents aren’t the “next big thing,” what do you think are going to be the hot topics in IP law over the next few years?

I think we are going to see more product dupes (and possibly more regulation in that area) and more upcycling of luxury goods and branded products. 

Five years from now, I see myself doing less filing and focusing more on strategy, enforcement and helping creatives understand that protection is a business asset, a revenue generator and a legacy builder, not just a legal checkbox.  

Bonus Round: If someone wanted to learn more about design and IP, what should they check out? 

Love this question! I just finished reading Claire McCardell: The Designer Who Set Women Free by Elizabeth Evitts Dickinson. It’s about designer Claire McCardell, who created practical, stylish women’s clothing.

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