While big companies may have dozens of trademarks, smaller and lesser-known companies can also have valid trademarks, as long as they satisfy the trademark criteria.
Can a large company infringe a smaller company’s mark? Yes! This is sometimes referred to as “reverse confusion,” where the small company is the first user and the large company is the later user. But, there can still be confusion among consumers. The larger company may use its money and resources (like ads) to infiltrate the smaller company’s market with a similar mark on similar goods or services.
She graduated from Cornell College in Iowa with a Bachelor of Arts in Biology and a minor in Religion before attending Loyola University Chicago School of Law. While at Loyola, she competed on the National Health Law Moot Court Team and the Appellate Lawyers Association Moot Court Team. She wrote for the Annals of Health Law and Journal of Regulatory Compliance. Sarah externed at Shirley Ryan AbilityLab and clerked for the Honorable Judge Neil Hartigan in the Court of Claims. She was also a research assistant for Professor Cynthia Ho, who mentored Sarah during her time at Loyola after connecting during a prospective student tour. Sarah then went onto take all of Professor Ho’s IP courses in addition to completing the Advocacy and Health Law certificates. She was also a member of IP Bytes.
We recently spoke about her background, her Loyola experiences, and how IP has influenced her legal career.