Kelley Keller (@KelleyKeller) is an Intellectual Property Attorney & Education, and founder of The Keller Law Firm. She’s also the creator of Innovation to Profits, an online educational resource for anyone with creative, valuable ideas.

This legal-focused conversation discusses the types of IP, how portfolios must be handled, competition in the age of the Internet, Fair Use, and other legal matters important for creative pros in business.

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Show Notes & Links

“IP is 'controlling the movement of knowledge throughout the marketplace.'”

—Kelley Keller

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  • Types of IP: Brand Names/Trademarks, Copyrights, Patents, Trade Secrets
  • The Coca-Cola formula, the world’s most famous Trade Secret
  • The Portfolio, a body of work for a creative pro
  • Work-for-hire relationship (common for employees)
  • Employer owns the work, employees need permission
  • Non-compete and non-solicitation agreements are governed by Employment Law, at the State level

“An ounce of prevention is worth a pound of cure.”


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  •, the website for the US Patent & Trademark Office, where you can do a search.
  • Behance, which hosts portfolios


  • Be proactive with new contracts and agreements; get an attorney to review
  • Set up Google Alerts for brands/trademarks
  • Hire a junior staffer to search for your brand online

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About the author: Prescott Perez-Fox

Prescott Perez-Fox is a graphic designer, brand developer, and educator with 18+ years experience in branding, packaging, graphic design, and web design. He runs The Busy Creator.

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