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Article I, Section 8, clause 8

“To promote the progress of science and useful arts”

The framers put making things into the Constitution in one sentence, between the post roads and the lower courts. It's the reason a song, a label or a print can belong to the person who made it.

The sentence doesn't do the paperwork. Someone still has to check the name before the sign goes up, file it in the right classes, and answer the examiner's letter before the deadline.

That's my work. I'm a one-lawyer practice in Brooklyn for musicians, designers, makers and the small brands they turn into.

Saskia Pellicano

Trademark and copyright lawyer

A singer, a keyboard player and a guitarist rehearsing in a wood-lined recording studio
Portrait of Saskia Pellicano, trademark and copyright lawyer

Saskia Pellicano

Attorney for trademarks, copyright and licensing

I work with people who make things and sell them under a name: bands, illustrators, clothing labels, potters, coffee roasters.

Before law school I booked shows at a small room off Flatbush Avenue, and watched three bands learn too late that someone else had registered their name. I spent my first years as a lawyer at a Midtown firm filing for very large brands, then opened this office to do the same work for small ones.

You deal with me, not a team. I answer my own email, quote each project in writing before it starts, and tell you plainly when something isn't worth filing.

Who I work with

  • Musicians and small labels
  • Clothing and accessories brands
  • Illustrators and designers
  • Food and drink makers

Why three stages

Arranged by where you are, not by statute

Most intellectual property sites list what the lawyer files: trademarks, copyrights, licenses. That's the lawyer's filing cabinet. It isn't the order a business happens in.

First you name the thing and make the first batch. Then other people want in: a shop asks for wholesale, a company wants your print on a tote bag, a show wants your song. Then, sooner or later, someone copies you.

So the practice has three doors. Start at the one you're standing in front of.

Not sure which? Write and tell me what you make. I'll say which door it is, and whether you need a lawyer yet at all.

The three stages

Build, grow, protect

Each stage has its own page, with what's included and how it's priced.

  • Hands sketching a dress design on a clipboard among fashion drawings
    Starting out

    Build

    Before the sign, the website or the first pressing: make sure the name is yours to use, then claim it.

    • A clearance search and written opinion

    • The federal trademark application

    • Copyright registration for first works

    • Ownership papers for co-founders and freelancers

    Building a brand
  • A potter in an apron shaping clay on a wheel in a busy studio
    Selling more

    Grow

    When a store, a brand or a producer wants to use what you made, settle the terms on paper before the first check.

    • Licensing your art, music or designs

    • Collaboration and co-branding deals

    • Wholesale and distribution terms

    • New products, new classes, filing abroad

    Growing a brand
  • A print shop owner checking a clipboard beside racks of colored vinyl rolls
    When it's copied

    Protect

    Someone is selling your design, or filed a name close to yours. Start with the record and a measured letter.

    • Marketplace takedown reports

    • Cease-and-desist letters

    • Office actions and oppositions

    • Renewals that keep a mark alive

    Protecting a brand

Clients

Said by people who make things

“We'd played under our name for six years when a stranger filed it. Saskia pulled together our old flyers and ticket stubs as proof of first use, and the other filing was withdrawn.”

Dov R.Bass player

“She told me two of the four names on my list weren't worth the filing fee, and why. The third one is printed on every bag we sell.”

Oriane T.Coffee roaster

“The home-goods contract was eleven pages. Saskia rewrote three paragraphs, and the rights to my prints came back to me after the first run.”

Kofi A.Illustrator

Shared with each client's permission. Every matter is different, and none of these predicts how yours will go.

Tell me what you're making

A few lines about the work and the name you sell it under is enough. I reply within two business days with whether I can help and what it would cost.

Please don't send confidential details until we've agreed in writing to work together.