Under the Microscope: IP Law at Loyola

Just three years ago, I was a microbiologist preparing for medical school. Today, I spend my days studying law and filing trademarks at a law firm. It’s a plot twist in life I never saw coming. So, how did this science nerd end up in a field where people argue over whether two logos look too much alike? It’s a story that starts, unexpectedly, with a ham sandwich.

A Ham Sandwich and a Plan(ish)

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A coffee and a ham sandwich from the Tory Hill Café at high noon was typical, if not routine. It may not sound like much, but a coffee and a ham sandwich can recharge a mental battery. This may come as a shock, but sometimes work can be boring. Usually, after a short walk, a podcast, coffee, and a ham sandwich, I’d be ready to go again. Tory Hill Café is a midwestern oasis that sits at the bottom level of Marquette University Law School. Take it from me, it serves the best ham sandwich in the Milwaukee metropolitan area.

At least it still did so just over three years ago, when I had an epiphany there that I wanted to go to law school.

At one point, medical school was the path for me. I grew up with doctors in the family, and I saw the value they gained from helping others. Also, problem-solving was my thing. Does something around the house need fixing? I’m your guy. Loving to take on complex challenges is why I chose science and how I ended up in the microbiology lab. There can be hundreds of reasons why an experiment doesn’t work. Figuring out what was wrong and how to fix it, simply put, was fun.

As I stood there in the law school café, I felt a calling. A call to swap the operating room for the courtroom.

That isn’t entirely true. I had an epiphany of sorts, sure. But I was diligent. In a way, law was similar to medicine, minus the working in a hospital aspect, which I was finding I didn’t like. Clients, like patients, come to lawyers in times of need. You get to help people and problem-solve your way to a solution in the process. Law felt like a natural fit as I drifted away from medicine.

That day at Tory Hill, I stood in line behind someone I knew as an undergrad at Marquette who was enrolled in the law school. I remember just how highly he spoke of the profession he was about to enter. He wanted to work directly with clients, help them in times of need, and challenge himself in the process. I left Tory Hill with an idea that manifested into a plan, which snowballed into an obsession. And now here I am, writing you as a second-year law student.

IP on the Radar

I remember telling my Principal Investigator (fancy word for boss in research labs) that I was considering law school. Besides congratulations, the first thing he said was that I should consider intellectual property (“IP”) law. The words “intellectual property” made no sense at the time. But I nodded as if they did. He continued, “Yes, you have a science degree, that’s a natural fit. Also, you’d be a good fit for that kind of work.” A quick Google search made it all click.

If you have a science background, specializing in IP law makes sense because IP law includes patents, which often involve scientific inventions. You need certain science degrees to take the patent bar. Passing this exam allows you to submit patent applications on behalf of inventors to the United States Patent and Trademark Office (“USPTO”). Biology is not a typical pre-law major like political science. But my science background quickly became my edge. I suddenly realized that instead of being behind, I could be ahead of my peers in some respect. That comforted me in a way.

I still did not know much about IP, but at least it was on my radar.

Radar Becomes Reality

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With IP now on my radar, I factored schools’ IP programs into my decision about where to attend law school. Out of all the law schools I considered, Loyola University Chicago School of Law did the best job of plugging their IP program to prospective students, by far. Early in the process, Loyola made it clear how much they cared about the IP program and student success. Professor Cynthia Ho led a webinar where she spoke more about Loyola’s IP program, detailing the coursework, IP fundamentals, and how to get involved. Emily Moll, a first-year law student at the time, joined and spoke very highly about the program as well.

I remember Emily speaking about how involved everyone is within the program, from the professors to the students. Her selling point was the community, particularly in terms of networking and the strong alumni base in Chicago. Everyone who is or has been associated with IP law at Loyola wants to help others out. Alumni look forward to meeting current Loyola students in IP for coffee and providing insight into their careers. That’s what I wanted from a program: a sense of community. It was reassuring to hear from a student’s perspective how much Loyola cares about its students. That differentiated Loyola from the rest.

Zeroing in on Trademarks

I recall just how tiring the law school application process can be. Not only is it just a lot of work, but it’s also an exceptionally stressful experience.

One: compiling all your application materials.

Two: the anxiety and anticipation that come with waiting for decision letters.

I accepted my offer to go to Loyola in the spring. That’s why, when I received an email from Loyola the following summer asking me if I wanted to apply for their specialized IP Legal Writing section, I was initially hesitant to do so. I knew I was interested in IP. But boy, was I exhausted from the stressful application process. However, I decided to write and submit the application paper. To this day, I look back at my pre-law school self and wish I could give him a pat on the back. Besides picking Loyola, it was the best decision I made in my first year.

Not only was I able to include “IP Legal Writing” on my resume and discuss the class in job interviews, but I also discovered my interest within IP. I knew I was going to like the persuasive and court-like style of writing. However, I still didn’t know much about the three major prongs of IP: patent, trademark, and copyright. I knew that having a patent gave you certain rights for your invention, trademarks exist as brand names on products, and I knew you weren’t allowed to copy something that’s copyrighted. But that’s about it. I didn’t want to focus on patents just because I had a science background. I wanted to make sure I liked it first. I soon realized patents weren’t for me and found my interest shifting toward another area of IP.

The IP Legal Writing Class exposed me to all three prongs throughout my first year. I learned and wrote about copyright, patent, and trademark, in that order. Patents and copyrights were interesting. But there was something about trademark law that I really loved. It seems so simplistic, little pictures and words to identify brands to grow businesses. But it is so much more than that. It blends business, psychology, and creativity. To be a good lawyer, you need to be detail-oriented. Compared to other areas of law, trademark infringement cases reveal just how detail-oriented successful trademark attorneys must be.

For example, whether a trademark infringes on another depends on whether consumers are confused about the source of the goods or services it identifies with. That question turns on subtle details. Do the trademarks look similar? Sound similar? Are they used with similar goods or services? Are consumers likely to be confused? Trademark law is a legal grey area because it depends partly on human perception and behavior. This flexibility in the law opens the door for creative arguments that only those accustomed to intense attention to detail are likely to notice. That complexity is exactly what drew me in.

I found this to be true in my IP Legal Writing class. I would read the facts of the case once. Then I would read them again. And again. And again, until I was so familiar with the problem that I could brainstorm creative arguments on my way to school or even while cooking dinner. I loved that aspect of the work. I felt I could frame any far-fetched argument in a favorable light if I just thought about it hard enough.

I finally understood why my boss said I’d be a good fit for IP. It wasn’t because of the science-patent connection, but the way my brain worked instead. I’d been subconsciously training it for six years as I took my science courses and worked in the microbiology lab. You’re trained to notice the little things in science, especially in microbiology, where things are, of course, small. It translated for me, and I was good at it.

So, just because I was a science major pursuing trademark law didn’t mean the science degree and lab experience were a waste. My science degree sharpened my analytical skills, making the transition to complex trademark law an easier one. This summer, I worked as a law clerk at Fuksa Khorshid, LLC, primarily in trademark matters. I loved the work I did. I drafted memos and conducted research. I wrote cease-and-desist letters and filed trademark applications with the USPTO. I even worked directly with clients and managed the firm’s IP docket (the deadlines and statuses of all the firm’s IP work). This provided me with extensive exposure to IP, especially for a first-year law student. I enjoyed it so much that I’m externing there (getting law school credit for work) this fall.

And as for next summer, I’ll be working as a Summer Associate for Foley & Lardner, LLP on their Trademark, Copyright, and Advertising team. I’m lucky to have had all of this exposure to IP during my first and second years of law school. From the IP Legal Writing class to working at Fuksa Khorshid over the summer and into the fall, I have learned so much. I can’t wait to build on that knowledge next summer in trademark law and expand into copyright law as well.

The People Make the Place

You never truly know whether a school is a good fit until you visit. When I came to campus for Admitted Students Day, Loyola felt like home. It’s no secret that law school is competitive. You compete against your peers for grades, spots in moot court, journals, etc. But at Loyola, and especially in IP, I found a community where students support one another. It wasn’t about competing or bringing each other down. As a law student interested in IP, you can begin developing meaningful connections within Loyola and, to a greater extent, the Chicago IP sphere. You’re exposed to IP from the get-go. As a first-year law student, that can be a rarity. The school is so well-connected, and professors and alumni want to help you succeed. But most importantly, I could tell that my peers were genuinely good people. Now, with a year of law school behind me, that initial impression holds true.


Michael Bahu
Assistant Blogger
Loyola University Chicago School of Law, J.D. 2027