WEBVTT

1
00:00:00.000 --> 00:00:05.000
All right, so we're good here.

2
00:00:06.440 --> 00:00:08.960
All right, so let's start jumping in.

3
00:00:08.960 --> 00:00:13.960
So there's a lot of stuff you can learn in the patent realm,

4
00:00:15.520 --> 00:00:20.080
but I kind of just did a little touching on what's available.

5
00:00:20.080 --> 00:00:22.280
So I'm going to answer some questions first.

6
00:00:23.560 --> 00:00:27.480
Let me see, let me look in the,

7
00:00:27.480 --> 00:00:30.480
yesterday we had a list of individuals.

8
00:00:30.480 --> 00:00:31.680
There were four people.

9
00:00:33.200 --> 00:00:34.520
Karen, were you one of them?

10
00:00:34.520 --> 00:00:36.640
Or Axel, were you one of them?

11
00:00:36.640 --> 00:00:38.640
Axel, all right, let's start out with you, Axel.

12
00:00:38.640 --> 00:00:39.600
And then there's only two people

13
00:00:39.600 --> 00:00:40.840
who have hands up right now anyway,

14
00:00:40.840 --> 00:00:42.280
so let's start out with Axel.

15
00:00:44.400 --> 00:00:45.240
Okay, thank you.

16
00:00:45.240 --> 00:00:50.240
So I actually, I mean, I have the question from yesterday,

17
00:00:50.320 --> 00:00:55.320
but also, I mean, as the main reason for me to be here

18
00:00:55.800 --> 00:01:00.240
was to get knowledge about patents.

19
00:01:00.240 --> 00:01:01.520
Also, I have more questions.

20
00:01:01.520 --> 00:01:02.840
So at least, I mean,

21
00:01:02.840 --> 00:01:05.840
I will do the first question from yesterday,

22
00:01:05.840 --> 00:01:07.600
but if you have time, we'll-

23
00:01:07.600 --> 00:01:09.080
Oh, absolutely, we'll have time.

24
00:01:09.080 --> 00:01:09.920
Yeah.

25
00:01:09.920 --> 00:01:11.240
Yeah, absolutely, go ahead.

26
00:01:11.240 --> 00:01:14.600
Okay, so the question from yesterday is that you said

27
00:01:14.600 --> 00:01:19.600
that to use the copyright, like the text,

28
00:01:19.720 --> 00:01:23.200
it should be used like with the symbol,

29
00:01:23.200 --> 00:01:26.560
and the year, and the owner of the copyright, right?

30
00:01:26.560 --> 00:01:31.560
So you said that it's a need to use like the entity name

31
00:01:34.280 --> 00:01:37.360
from an individual or a business,

32
00:01:37.360 --> 00:01:40.200
but is it possible to use a trademark

33
00:01:40.200 --> 00:01:44.520
instead of the name of the owner or?

34
00:01:45.400 --> 00:01:47.600
No, it has to be the owner.

35
00:01:47.600 --> 00:01:48.680
Okay, okay.

36
00:01:48.680 --> 00:01:49.520
So if I have a trademark-

37
00:01:49.520 --> 00:01:51.080
The owner may be a trademark,

38
00:01:51.080 --> 00:01:53.960
but the fact of the matter, it has to be an owner.

39
00:01:53.960 --> 00:01:56.480
So a trademark is just a word, right?

40
00:01:56.480 --> 00:01:59.240
So you can't just put a random word there.

41
00:01:59.240 --> 00:02:00.400
Like, if you have a trademark,

42
00:02:00.400 --> 00:02:03.120
you can't just put a word in that space.

43
00:02:03.120 --> 00:02:05.440
It has to be either a person or an entity

44
00:02:05.440 --> 00:02:06.920
that actually owns the copyright.

45
00:02:06.920 --> 00:02:09.960
You can't, like, I can't just say Nike.

46
00:02:09.960 --> 00:02:10.880
It's like, nope.

47
00:02:10.880 --> 00:02:13.520
Like, now, if Nike Corporation is the name of my company,

48
00:02:13.520 --> 00:02:15.080
then it should say Nike Corporation,

49
00:02:15.080 --> 00:02:17.440
but I can't just randomly put a trademark in there.

50
00:02:17.440 --> 00:02:21.160
Okay, so if I have, like, a service with a name,

51
00:02:22.160 --> 00:02:24.680
I mean, the trademark name,

52
00:02:24.680 --> 00:02:26.480
I should use my own name,

53
00:02:26.480 --> 00:02:31.480
even if I would like to be treated like the trademark.

54
00:02:36.760 --> 00:02:39.640
So for example, I don't know, if I have, like,

55
00:02:39.640 --> 00:02:42.280
if my trademark is ABC, so I don't know,

56
00:02:42.280 --> 00:02:46.640
maybe I have abc.com, you know, the webpage,

57
00:02:46.640 --> 00:02:50.680
and the ABC logo at the top,

58
00:02:50.680 --> 00:02:55.560
but I should use, then, the C, copyright symbol,

59
00:02:55.560 --> 00:02:58.960
the year, and my name, like Axel Rostovsky, right?

60
00:02:58.960 --> 00:03:02.800
So there's no way for me, I mean, if I own-

61
00:03:02.800 --> 00:03:04.240
Back up, back up,

62
00:03:04.240 --> 00:03:06.600
because you said, you started out by saying

63
00:03:06.600 --> 00:03:08.720
ABC Corporation is your name.

64
00:03:08.720 --> 00:03:12.320
No, no, I mean, if I have a website,

65
00:03:12.320 --> 00:03:14.840
which is abc.com, for example,

66
00:03:14.840 --> 00:03:19.840
and I don't own any corporation, which is called ABC.

67
00:03:21.120 --> 00:03:24.960
It's just the trademark for my service.

68
00:03:24.960 --> 00:03:25.800
So in that case-

69
00:03:25.800 --> 00:03:28.600
So ABC is the trademark for your service?

70
00:03:30.200 --> 00:03:33.240
It's an example, but in this example, yes.

71
00:03:33.240 --> 00:03:34.360
Okay, yeah.

72
00:03:34.360 --> 00:03:38.640
Yeah, so even if I would like to use ABC

73
00:03:38.640 --> 00:03:40.600
as the name of the service,

74
00:03:40.600 --> 00:03:42.880
in the copyright part,

75
00:03:42.880 --> 00:03:46.680
I should use the C symbol, the year, and my name, right?

76
00:03:46.680 --> 00:03:47.520
Axel Rostovsky.

77
00:03:47.520 --> 00:03:50.560
There's no way for me to use ABC

78
00:03:50.560 --> 00:03:53.120
if I don't own an actual company,

79
00:03:53.120 --> 00:03:54.600
which is called ABC, right?

80
00:03:55.960 --> 00:03:57.360
Correct.

81
00:03:57.360 --> 00:03:58.800
Okay, okay.

82
00:03:58.800 --> 00:04:02.440
The entity that owns whatever the work is

83
00:04:02.440 --> 00:04:03.840
that you're putting the copyright on

84
00:04:03.840 --> 00:04:05.800
is what you need to list.

85
00:04:05.800 --> 00:04:06.640
Okay.

86
00:04:06.640 --> 00:04:09.280
So if it's a company, or if it's a person,

87
00:04:09.280 --> 00:04:14.280
or a copyright notice, whoever owns the copyright,

88
00:04:14.320 --> 00:04:17.560
that entity or person has to be listed.

89
00:04:17.560 --> 00:04:19.279
Okay, okay.

90
00:04:19.279 --> 00:04:20.120
Right.

91
00:04:20.120 --> 00:04:21.800
That's a really important-

92
00:04:21.800 --> 00:04:24.080
I think there's some confusion

93
00:04:24.080 --> 00:04:26.000
as to what's copyright and what's trademark.

94
00:04:26.000 --> 00:04:28.840
So let's go through that for a second, okay?

95
00:04:28.840 --> 00:04:30.000
And that's natural.

96
00:04:30.000 --> 00:04:31.280
That's natural.

97
00:04:31.280 --> 00:04:32.640
Just to be clear, like,

98
00:04:32.640 --> 00:04:34.320
people confuse the two all the time

99
00:04:34.320 --> 00:04:36.480
because they're very similar.

100
00:04:36.520 --> 00:04:41.400
And in fact, a logo could be protected by copyright,

101
00:04:41.400 --> 00:04:43.800
and it's protectable by trademark.

102
00:04:43.800 --> 00:04:46.840
Like, it's protectable in multiple realms.

103
00:04:46.840 --> 00:04:51.440
So it's not uncommon to get confused in this area of,

104
00:04:51.440 --> 00:04:52.280
what do I do?

105
00:04:52.280 --> 00:04:53.800
Like, I have a logo,

106
00:04:53.800 --> 00:04:56.480
so do I put copyright notice on it,

107
00:04:56.480 --> 00:04:57.960
or do I put a TM on it?

108
00:04:57.960 --> 00:04:59.320
Or like, I don't understand.

109
00:04:59.320 --> 00:05:00.160
What do I do?

110
00:05:00.000 --> 00:05:02.200
I mean, let me kind of touch base on this

111
00:05:02.200 --> 00:05:04.240
because this is a confusing area

112
00:05:04.240 --> 00:05:05.920
of intellectual property law.

113
00:05:05.920 --> 00:05:09.640
So, and the scenario you just kind of walked through

114
00:05:09.640 --> 00:05:13.400
kind of showed that this is something

115
00:05:13.400 --> 00:05:14.680
we should talk a little bit more about.

116
00:05:14.680 --> 00:05:19.680
So the trademarks are protecting names, logos and slogans.

117
00:05:23.320 --> 00:05:28.320
So names, slogans, logos, right?

118
00:05:29.280 --> 00:05:33.680
But separate from that, they can protect like sounds,

119
00:05:33.680 --> 00:05:35.920
they can protect smells, colors.

120
00:05:35.920 --> 00:05:37.160
We talked about all that.

121
00:05:39.800 --> 00:05:44.160
Copyright is gonna be the physical embodiment

122
00:05:44.160 --> 00:05:46.120
of the creation.

123
00:05:46.120 --> 00:05:49.760
So the artist draws something

124
00:05:49.760 --> 00:05:51.540
that's protectable by copyright,

125
00:05:52.680 --> 00:05:57.420
but a name for the drawing is not protectable by copyright.

126
00:05:57.420 --> 00:06:00.780
Now, if you have a stylized name,

127
00:06:00.780 --> 00:06:04.380
a stylized name may be protectable by copyright

128
00:06:04.380 --> 00:06:08.020
and protectable as a logo under trademark law.

129
00:06:08.020 --> 00:06:09.340
Does that make sense?

130
00:06:09.340 --> 00:06:13.140
Because this can get really confusing very fast

131
00:06:13.140 --> 00:06:17.660
because you can have a logo that is a created work

132
00:06:17.660 --> 00:06:22.120
with stylized letters in it, which is copyrightable,

133
00:06:22.120 --> 00:06:25.940
which is, so now you've got a trademark for the logo,

134
00:06:25.940 --> 00:06:29.860
you've got the stylized letters

135
00:06:29.860 --> 00:06:32.200
and the logo protectable by copyright.

136
00:06:33.020 --> 00:06:35.220
So you really, what you need to do

137
00:06:35.220 --> 00:06:37.420
is break down whatever created work you have.

138
00:06:37.420 --> 00:06:39.620
So if you have a website, like you were talking about,

139
00:06:39.620 --> 00:06:44.140
now I've got a website, it's owned by ABC Corporation.

140
00:06:46.060 --> 00:06:51.060
When I do my copyright, I do the circle C, the years,

141
00:06:51.740 --> 00:06:53.980
and then I put down the entity's name

142
00:06:54.940 --> 00:06:57.940
because if the entity owns the website,

143
00:06:57.940 --> 00:07:00.320
then I put down the entity's name.

144
00:07:00.320 --> 00:07:04.140
But if I own the website, then I put down my name.

145
00:07:04.140 --> 00:07:05.340
I don't put the entity's name

146
00:07:05.340 --> 00:07:09.980
because I put down the individual or entity

147
00:07:09.980 --> 00:07:12.920
who owns the website, the content.

148
00:07:12.920 --> 00:07:16.180
Now, let's go even deeper.

149
00:07:16.180 --> 00:07:18.420
This is VIP, you guys should be able to handle this.

150
00:07:18.420 --> 00:07:21.460
We go deep in VIP, we dig deep in VIP.

151
00:07:21.460 --> 00:07:23.900
We're not like milk, we're like,

152
00:07:23.900 --> 00:07:25.700
we're in the meat of it, right?

153
00:07:25.700 --> 00:07:26.540
All right, so-

154
00:07:26.540 --> 00:07:27.860
Aaron's all about it.

155
00:07:27.860 --> 00:07:31.100
Yeah, so we're like, we're digging in deep in VIP.

156
00:07:31.100 --> 00:07:36.100
All right, so you've got a website.

157
00:07:37.660 --> 00:07:41.540
The website is owned by ABC Corporation, right?

158
00:07:42.680 --> 00:07:47.380
The content that was created for putting on the website

159
00:07:47.380 --> 00:07:51.280
was created by Axel, okay?

160
00:07:51.900 --> 00:07:55.420
The logo that was created that's on the website

161
00:07:55.420 --> 00:07:58.980
was created by Karen, all right?

162
00:07:58.980 --> 00:08:00.380
This is how real life works.

163
00:08:00.380 --> 00:08:03.500
Real life is not real pretty

164
00:08:03.500 --> 00:08:06.340
like the way that I'm kind of packaging it for you.

165
00:08:06.340 --> 00:08:08.020
You know, it's like, oh, there's patents.

166
00:08:08.020 --> 00:08:09.020
Oh, there's trademarks.

167
00:08:09.020 --> 00:08:09.920
Oh, there's copyrights.

168
00:08:09.920 --> 00:08:11.700
There's bunny rabbits and chocolate

169
00:08:11.700 --> 00:08:14.100
and, you know, nice teddy bears to hug.

170
00:08:14.100 --> 00:08:15.500
No, that's not the world.

171
00:08:15.500 --> 00:08:18.100
Like the world is like mooched up.

172
00:08:18.100 --> 00:08:21.580
Like the teddy bear has got chocolate stains on it, right?

173
00:08:21.580 --> 00:08:22.660
Which has got mud on it.

174
00:08:22.660 --> 00:08:24.660
Like that's the real world, okay?

175
00:08:24.660 --> 00:08:27.620
And so with that being the case,

176
00:08:27.620 --> 00:08:30.420
in this situation, ABC Corporation owns the website.

177
00:08:30.420 --> 00:08:32.260
Axel created the content

178
00:08:32.260 --> 00:08:35.059
and Karen with her incredible creative nature

179
00:08:35.059 --> 00:08:36.820
created the logo.

180
00:08:36.820 --> 00:08:39.700
You've got potentially three different owners

181
00:08:41.140 --> 00:08:42.340
on that one page.

182
00:08:44.340 --> 00:08:46.540
So this is why you've got to figure out,

183
00:08:46.540 --> 00:08:49.820
all right, Karen's brilliant, created this awesome work.

184
00:08:49.820 --> 00:08:51.740
Did I have her assign all right title and interest

185
00:08:51.740 --> 00:08:52.980
over to ABC Corporation?

186
00:08:52.980 --> 00:08:53.900
Oh, I did.

187
00:08:53.900 --> 00:08:54.940
Awesome.

188
00:08:54.940 --> 00:08:56.260
Karen got paid properly.

189
00:08:56.260 --> 00:08:58.020
Karen's happy.

190
00:08:58.020 --> 00:08:59.660
Now I own that.

191
00:08:59.660 --> 00:09:01.780
Okay, that now belongs to ABC Corporation.

192
00:09:01.780 --> 00:09:03.900
No problem, right?

193
00:09:03.900 --> 00:09:08.500
So now when I put the circle RTM on ABC Corporation site,

194
00:09:08.500 --> 00:09:11.580
that's showing that ABC Corporation owns that trademark.

195
00:09:11.580 --> 00:09:12.840
No problem, right?

196
00:09:13.840 --> 00:09:18.840
Axel created the content for the website, okay?

197
00:09:19.040 --> 00:09:20.800
This is why you get situations

198
00:09:20.800 --> 00:09:23.360
where corporations create websites

199
00:09:23.360 --> 00:09:26.360
and you see on the bottom of it, somebody else's name.

200
00:09:27.600 --> 00:09:28.880
You see this all the time.

201
00:09:28.880 --> 00:09:30.640
If you go all the way at the bottom,

202
00:09:30.640 --> 00:09:34.120
you'll see, you know, website owned by,

203
00:09:34.120 --> 00:09:37.160
you know, Beta Corporation or whatever.

204
00:09:37.160 --> 00:09:38.080
And you're like, what does that have to do

205
00:09:38.080 --> 00:09:39.320
with ABC Corporation?

206
00:09:39.320 --> 00:09:40.960
It's like, that's who owns the website

207
00:09:40.960 --> 00:09:42.080
because they created that.

208
00:09:42.080 --> 00:09:43.240
It's their copy.

209
00:09:43.240 --> 00:09:46.340
So now Axel owns the copy for the website.

210
00:09:47.900 --> 00:09:49.240
That's a big deal.

211
00:09:49.240 --> 00:09:51.400
Did Axel assign all right title and interest

212
00:09:51.400 --> 00:09:53.080
to ABC Corporation?

213
00:09:53.080 --> 00:09:56.880
If he didn't, then the copyright notice

214
00:09:56.880 --> 00:09:59.260
saying ABC Corporation is actually wrong.

215
00:10:00.000 --> 00:10:11.000
Yes, so may I clarify something that I like I want you to like to explain about the situation particular, which is like.

216
00:10:11.000 --> 00:10:29.000
So, a trademark can be used as an entity right. So, if I own a trademark, and I like to expose to the public. The service with this name, which is the trademark as the source of information and the service.

217
00:10:29.000 --> 00:10:40.000
Even if that's the case, I should use like my real name as an individual in the copyright description at the bottom right.

218
00:10:40.000 --> 00:10:43.000
You're talking about trademarks, why are you talking about. Yes.

219
00:10:43.000 --> 00:10:52.000
Yeah, because if I, I mean, maybe using the example of ABC was confusing because of the name ABC.

220
00:10:52.000 --> 00:10:57.000
But I don't know if I have like red door, for example.

221
00:10:58.000 --> 00:11:12.000
Trademark. Yes, yes. So, I like to like for the public to know that the source of this whole service is, I mean, came from you just talking about red door the trademark.

222
00:11:12.000 --> 00:11:23.000
Now you're talking about a service, where are you marketing service. Yes, because I like, I like to for the people to understand and know that the service came from red door.

223
00:11:23.000 --> 00:11:25.000
Right.

224
00:11:25.000 --> 00:11:27.000
From the source.

225
00:11:27.000 --> 00:11:35.000
You're saying that the trademark, you're saying that the trademark red door is also the name of a corporation, from what you just said. No, no, no, no, no.

226
00:11:35.000 --> 00:11:40.000
Oh, no, I said it came from red door, how could it come from a trademark it has to come from a company.

227
00:11:41.000 --> 00:11:49.000
Because, doesn't it, I mean, doesn't the trademark is used, is used.

228
00:11:49.000 --> 00:11:57.000
I mean for to identify the source of the good, the goods and services, or. Yes.

229
00:11:57.000 --> 00:12:06.000
Yes. So, I mean, under common law if I don't have, like, trademark.

230
00:12:07.000 --> 00:12:18.000
Even if that's the case, I may use, like, the name of the trademark as a fantasy name from what I provide. Right. Yes.

231
00:12:18.000 --> 00:12:27.000
Okay, so in, if that's the case, I like for the people to relate what I provide with the name of the trademark.

232
00:12:28.000 --> 00:12:38.000
Yep, that's what trademarks do. That's right. Yes, yes. So I don't have a corporation with the same name of the trademark, but I like for the people to relate what I provide with the framework.

233
00:12:38.000 --> 00:12:55.000
So that's why, that's why I imagined that it maybe was possible before this talk to use like the C, the C symbol, the year, and the trademark name instead of mine.

234
00:12:56.000 --> 00:13:09.000
No. Okay, that's not allowed. Okay. Okay. Okay. No trade trade while a trademark is an identification as a source of goods the trademark itself is not the source of goods, it's an identification as to a source of goods.

235
00:13:09.000 --> 00:13:19.000
Okay. Okay. Okay. I had that you may wear the same hat every single day when somebody sees that hat they think of you that doesn't mean that the hat is you.

236
00:13:20.000 --> 00:13:21.000
Okay.

237
00:13:21.000 --> 00:13:28.000
It's an identification as to a source of goods. When somebody sees that hat they think of you doesn't mean you're the hat.

238
00:13:28.000 --> 00:13:35.000
Okay. Okay. So if there's no corporation, I should use my name in the copyright part.

239
00:13:35.000 --> 00:13:44.000
I mean, it would be exposed that I'm related with this with this trademark source, etc. Right.

240
00:13:44.000 --> 00:13:52.000
The confusing part about what you're saying is that you're, you're, you're talking about a copyright notice but then you're talking about a trademark. Those are two different things.

241
00:13:52.000 --> 00:13:56.000
So if you're talking about a website that has the trademark on it.

242
00:13:56.000 --> 00:14:06.000
Yes, again, the copyright notice is associated with the content of the website, not the trademark copyright notice has nothing to do with trademarks in any way shape or form.

243
00:14:06.000 --> 00:14:09.000
They're not even related, they have nothing to do with each other.

244
00:14:09.000 --> 00:14:23.000
So if I if I have a website, and the website has many different pictures. Each of those pictures are protectable by copyright, the content of the website is protectable by copyright, the logo that's on the website is protected by trademark.

245
00:14:23.000 --> 00:14:32.000
But the notice on the website is associated with the content of the website, and that's where the notice. It has nothing to do with the trademark.

246
00:14:32.000 --> 00:14:39.000
Okay, okay. There's they're not even. Yeah, I know it's it's it can be confusing, but it's, it's not.

247
00:14:39.000 --> 00:14:45.000
They're not related so if when you when you use a copyright notice on a website.

248
00:14:45.000 --> 00:14:54.000
Look at the content of the website and see who is the creator of the content of the website, that's who should be listed in the copyright notice on the website.

249
00:14:54.000 --> 00:15:00.000
So, if that party assigned or write title and interest over to a corporation like the ABC Corporation.

250
00:15:00.000 --> 00:15:03.440
Whether that's a trademark or not a trademark has nothing to do

251
00:15:03.440 --> 00:15:05.560
with the content that's on the website.

252
00:15:05.560 --> 00:15:08.600
So therefore, if they assigned or write title and interest

253
00:15:08.600 --> 00:15:11.340
to ABC Corporation, ABC Corporation should be listed

254
00:15:11.340 --> 00:15:12.640
on the copyright house.

255
00:15:12.640 --> 00:15:17.160
It's whoever owns the copyright, regardless of whether

256
00:15:17.160 --> 00:15:18.480
or not it's federally registered.

257
00:15:18.480 --> 00:15:20.240
It's a really good question, what you're asking.

258
00:15:20.240 --> 00:15:23.120
And it kind of shows how copyrights

259
00:15:23.120 --> 00:15:26.800
and trademarks can kind of all exist in the same realm.

260
00:15:26.800 --> 00:15:29.320
But what you need to do is break down, you know,

261
00:15:29.320 --> 00:15:32.680
my copyright notice is for what, my trademark notice is

262
00:15:32.680 --> 00:15:35.640
for what, and where is it located?

263
00:15:35.640 --> 00:15:38.560
And so my trademark notice that's associated

264
00:15:38.560 --> 00:15:41.480
with my logo should be next to my logo.

265
00:15:41.480 --> 00:15:44.760
It shouldn't be on the bottom of my website page.

266
00:15:44.760 --> 00:15:46.720
Because nobody's going to be able to know

267
00:15:46.720 --> 00:15:50.400
that my logo is protectable by trademark,

268
00:15:50.400 --> 00:15:56.600
unless my logo has the circle RRTM next to it, right?

269
00:15:56.600 --> 00:15:59.520
Because otherwise, what they do is they go to the bottom

270
00:15:59.520 --> 00:16:02.920
of the website, and it says logo protected by, you know,

271
00:16:02.920 --> 00:16:05.280
trademark, and they're like, which logo?

272
00:16:05.280 --> 00:16:07.720
Like, there's all sorts of stuff on the website.

273
00:16:07.720 --> 00:16:09.560
So you want them, the second that they see it,

274
00:16:09.560 --> 00:16:11.920
you want to see it, they want to get the notice.

275
00:16:11.920 --> 00:16:13.160
Does that help?

276
00:16:13.160 --> 00:16:14.160
Yes, yes, thank you.

277
00:16:14.160 --> 00:16:15.680
Yeah, it's a really good question.

278
00:16:15.680 --> 00:16:16.760
It's a complex question.

279
00:16:16.760 --> 00:16:20.320
I hope we broke that down for you.

280
00:16:20.320 --> 00:16:22.640
Yeah. Karen, I'm going to take one question from you here,

281
00:16:22.640 --> 00:16:25.680
and then I'm going to dig into some stuff on the patent realm.

282
00:16:25.720 --> 00:16:28.120
And then, Krisna, we need to get to you today, right?

283
00:16:28.120 --> 00:16:28.960
Weren't you?

284
00:16:28.960 --> 00:16:30.240
Yeah, absolutely.

285
00:16:30.240 --> 00:16:31.480
And Connie as well.

286
00:16:31.480 --> 00:16:32.600
Connie was one of the other ones.

287
00:16:32.600 --> 00:16:34.120
All right.

288
00:16:34.120 --> 00:16:35.600
Karen, go ahead.

289
00:16:35.600 --> 00:16:40.200
So if I just became an entity, and just to confuse things,

290
00:16:40.200 --> 00:16:44.840
the entity is the same name as my logo,

291
00:16:44.840 --> 00:16:48.240
which is the trademark got abandoned,

292
00:16:48.240 --> 00:16:53.200
but I can still, until I get money, I can copyright that.

293
00:16:53.240 --> 00:16:56.560
And then trademark it?

294
00:16:56.560 --> 00:16:57.840
Right, right.

295
00:16:57.840 --> 00:16:59.480
So my trademark?

296
00:16:59.480 --> 00:17:02.760
Yeah, you're not going to copyright a trademark.

297
00:17:02.760 --> 00:17:03.600
Okay.

298
00:17:03.600 --> 00:17:07.160
You're going to, all right, so this actually alludes

299
00:17:07.160 --> 00:17:08.920
to something that's actually really important

300
00:17:08.920 --> 00:17:09.760
for all of you.

301
00:17:09.760 --> 00:17:12.240
There's a few of you who have pinged me and said,

302
00:17:12.240 --> 00:17:16.599
I hired a lawyer and we filed the trademark application,

303
00:17:16.599 --> 00:17:20.200
but the application went abandoned, right?

304
00:17:20.200 --> 00:17:22.839
Either because somebody got sick

305
00:17:22.839 --> 00:17:24.560
or somebody forgot to do something

306
00:17:24.560 --> 00:17:26.599
or whatever the case may be.

307
00:17:26.599 --> 00:17:27.440
You explain that.

308
00:17:27.440 --> 00:17:29.240
You're like, oh man, we spent all this money

309
00:17:29.240 --> 00:17:31.320
to file an application.

310
00:17:31.320 --> 00:17:34.160
I didn't hear anything from them for two years.

311
00:17:34.160 --> 00:17:36.560
I looked, now that I know how to do a trademark search,

312
00:17:36.560 --> 00:17:38.000
I looked and I see it's dead.

313
00:17:39.120 --> 00:17:42.520
So I called the lawyer and I said, hey lawyer,

314
00:17:42.520 --> 00:17:43.480
what happened?

315
00:17:44.360 --> 00:17:46.480
And either A, the lawyer didn't answer,

316
00:17:46.480 --> 00:17:47.520
which some people were saying,

317
00:17:47.520 --> 00:17:50.480
or B, the lawyer got sick or whatever

318
00:17:50.480 --> 00:17:52.440
and so the case got abandoned, all right?

319
00:17:52.440 --> 00:17:54.200
Whatever the case may be.

320
00:17:54.200 --> 00:17:56.640
So the question is, what do you do?

321
00:17:56.640 --> 00:17:57.640
Like, what do you do?

322
00:17:57.640 --> 00:17:59.880
All right, well, hopefully, number one,

323
00:17:59.880 --> 00:18:02.800
hopefully nobody else filed for the same thing.

324
00:18:04.000 --> 00:18:07.680
Because if there was a situation where you filed

325
00:18:07.680 --> 00:18:10.520
for a federal application and then,

326
00:18:10.520 --> 00:18:13.280
let's say you weren't using the trademark.

327
00:18:13.280 --> 00:18:14.840
So you file a federal application,

328
00:18:14.840 --> 00:18:16.040
you never use a trademark.

329
00:18:16.040 --> 00:18:19.640
And then all of a sudden, some time passes,

330
00:18:19.640 --> 00:18:22.280
case goes abandoned, somebody else files.

331
00:18:22.280 --> 00:18:24.200
Well, they beat you.

332
00:18:24.200 --> 00:18:26.360
They beat you to the United States Patent and Trademark

333
00:18:26.360 --> 00:18:29.480
Office, so now you essentially could lose your rights,

334
00:18:29.480 --> 00:18:30.440
right?

335
00:18:30.440 --> 00:18:35.440
But if it is the case, which Jessica was here,

336
00:18:36.000 --> 00:18:40.080
if it is the case that the application was abandoned,

337
00:18:40.080 --> 00:18:43.120
but you were using it and you were continuing to use it,

338
00:18:43.120 --> 00:18:45.760
then under common law, you can continue to use it.

339
00:18:46.440 --> 00:18:48.400
Even though somebody filed the trademark application

340
00:18:48.400 --> 00:18:51.200
after you, you've got continuous use.

341
00:18:51.200 --> 00:18:53.600
So you have rights under common law

342
00:18:53.600 --> 00:18:55.160
in a specific geographical region

343
00:18:55.160 --> 00:18:56.640
where you've been using it, right?

344
00:18:56.640 --> 00:18:59.920
That's kind of what we covered on day two,

345
00:18:59.920 --> 00:19:02.120
I think it was, or day one, something like that.

346
00:19:02.120 --> 00:19:05.400
So if you've been using it, filed an application,

347
00:19:05.400 --> 00:19:06.840
application goes abandoned,

348
00:19:08.320 --> 00:19:11.480
you at least can continue using it, at least that.

349
00:19:11.480 --> 00:19:12.320
That's the good part.

350
00:19:12.320 --> 00:19:13.680
You at least got that.

351
00:19:14.200 --> 00:19:17.840
Now let's assume for a second that you were not using it.

352
00:19:17.840 --> 00:19:22.240
And so you filed the application and it went abandoned.

353
00:19:22.240 --> 00:19:23.240
What now?

354
00:19:25.320 --> 00:19:27.040
There are multiple things you could do.

355
00:19:27.040 --> 00:19:28.600
One is you could file a petition

356
00:19:28.600 --> 00:19:31.760
to revive your trademark application.

357
00:19:31.760 --> 00:19:33.920
But if you file a petition to revive,

358
00:19:33.920 --> 00:19:35.880
A, there's some costs associated with it,

359
00:19:35.880 --> 00:19:37.480
which isn't that horrible.

360
00:19:37.480 --> 00:19:41.600
But B, you need to have a reason that is acceptable

361
00:19:41.640 --> 00:19:43.760
by the United States Patent and Trademark Office,

362
00:19:43.760 --> 00:19:48.400
meaning there needs to be extraneous circumstances

363
00:19:48.400 --> 00:19:52.280
as to why you didn't know that this went abandoned, right?

364
00:19:52.280 --> 00:19:55.280
So you could say like, my lawyer didn't respond,

365
00:19:55.280 --> 00:19:56.440
my lawyer got sick.

366
00:19:56.440 --> 00:19:57.960
And when I looked it up on the internet,

367
00:19:57.960 --> 00:20:00.280
right away, I filed for revival.

368
00:20:00.000 --> 00:20:02.000
You know, that's acceptable.

369
00:20:02.000 --> 00:20:11.000
But the further you get away from the actual time period of when your case went abandoned,

370
00:20:11.000 --> 00:20:15.000
the further you get away, the harder it is to revive.

371
00:20:15.000 --> 00:20:16.000
Okay?

372
00:20:16.000 --> 00:20:20.000
So if your case went abandoned two weeks ago, follow revival.

373
00:20:20.000 --> 00:20:23.000
That should be a no-brainer, should work pretty easily.

374
00:20:23.000 --> 00:20:28.000
If it's like your lawyer didn't look at something or didn't make you aware or you moved

375
00:20:28.000 --> 00:20:32.000
and you didn't get the mail, whatever the case is, right?

376
00:20:32.000 --> 00:20:34.000
You should be able to follow revival.

377
00:20:34.000 --> 00:20:36.000
I would touch base with a lawyer, right?

378
00:20:36.000 --> 00:20:40.000
And if the lawyer is the reason why it went abandoned, then call the lawyer and say,

379
00:20:40.000 --> 00:20:45.000
hey, on your own dime, revive this, because it's their fault.

380
00:20:45.000 --> 00:20:46.000
Right?

381
00:20:46.000 --> 00:20:47.000
It was their fault that it went abandoned.

382
00:20:47.000 --> 00:20:53.000
Now, things happen, but a revival is so inexpensive that you can just ask them to follow revival.

383
00:20:53.000 --> 00:20:54.000
Okay?

384
00:20:54.000 --> 00:20:58.000
Now, let's say that a year went by.

385
00:20:58.000 --> 00:21:00.000
Well, you can refile.

386
00:21:00.000 --> 00:21:02.000
But you're not going to have that same priority date.

387
00:21:02.000 --> 00:21:04.000
You're not going to have that same filing date.

388
00:21:04.000 --> 00:21:06.000
Filing date's gone.

389
00:21:06.000 --> 00:21:08.000
Like, you're not, you can't get it back.

390
00:21:08.000 --> 00:21:09.000
It's gone.

391
00:21:09.000 --> 00:21:15.000
So now, you know, somebody files an application, something happens with the lawyer,

392
00:21:15.000 --> 00:21:17.000
or they just forget something, case goes abandoned.

393
00:21:17.000 --> 00:21:19.000
Now, all of a sudden, they're like, where's the case?

394
00:21:19.000 --> 00:21:21.000
Oh, it's dead.

395
00:21:21.000 --> 00:21:23.000
You can just refile.

396
00:21:23.000 --> 00:21:26.000
You know, so that's always an option, refiling.

397
00:21:26.000 --> 00:21:33.000
The only problem with refiling, like I said, is if somebody filed during that dead space, you may be out of luck.

398
00:21:33.000 --> 00:21:40.000
But the good part is if somebody did file during that dead space, you may still have common law rights,

399
00:21:40.000 --> 00:21:43.000
in which case you could continue doing what you're doing.

400
00:21:43.000 --> 00:21:46.000
So that's why a good lawyer is important to touch base with them,

401
00:21:46.000 --> 00:21:52.000
to make sure that you check all these little boxes of what are the options.

402
00:21:52.000 --> 00:21:54.000
Does that help, Karen?

403
00:21:54.000 --> 00:21:55.000
It does.

404
00:21:55.000 --> 00:21:59.000
I just got a response from the lawyer, and now she's on maternity leave.

405
00:21:59.000 --> 00:22:02.000
So it's been a two-year process.

406
00:22:02.000 --> 00:22:03.000
I've been sick.

407
00:22:03.000 --> 00:22:04.000
She's been sick.

408
00:22:04.000 --> 00:22:07.000
So I'm feeling like I just need to redo it.

409
00:22:07.000 --> 00:22:12.000
And maybe she's not the best attorney, you know, at this time.

410
00:22:12.000 --> 00:22:14.000
Yeah, I mean, maternity leaves are great.

411
00:22:14.000 --> 00:22:15.000
I'm fine with that.

412
00:22:15.000 --> 00:22:18.000
But if you're, if somebody's going on maternity leave,

413
00:22:18.000 --> 00:22:22.000
you need to get somebody else to work on the case in the meantime, or the case could go abandoned.

414
00:22:22.000 --> 00:22:30.000
So they need to, you know, there's maternity leaves, there's paternity leaves, there's vacations, there's, you know, there's sick,

415
00:22:30.000 --> 00:22:34.000
people get sick, you know, things happen, whatever the case is.

416
00:22:34.000 --> 00:22:42.000
So you kind of want to touch base with someone else and get somebody else to watch over those cases while you're going through difficulties.

417
00:22:43.000 --> 00:22:52.000
You know, I had a client come in, horrible situation, like client comes in and all IP, all these IP assets are dead.

418
00:22:52.000 --> 00:22:55.000
They're like, I don't understand, like, what happened?

419
00:22:55.000 --> 00:22:57.000
Well, the guy died.

420
00:22:57.000 --> 00:22:59.000
You can't exactly blame him.

421
00:22:59.000 --> 00:23:05.000
He's like, raise him from the dead and then yell at him.

422
00:23:05.000 --> 00:23:09.000
He's like, you know, come back, wake up, Lazarus, rise up.

423
00:23:09.000 --> 00:23:11.000
What happened to my trademark?

424
00:23:11.000 --> 00:23:12.000
What is that about?

425
00:23:12.000 --> 00:23:14.000
All right, never mind, go back to sleep.

426
00:23:14.000 --> 00:23:16.000
You can't really do that, right?

427
00:23:16.000 --> 00:23:20.000
I mean, I guess it's an option as a Christian, but, you know, it's not something most people do.

428
00:23:20.000 --> 00:23:28.000
So the point of the matter is, in your case, it may just be that you just filed a new application.

429
00:23:28.000 --> 00:23:33.000
You know, if you want, I can actually, this is not legal advice.

430
00:23:33.000 --> 00:23:36.000
There's my disclaimer, not legal advice.

431
00:23:36.000 --> 00:23:39.000
Cheers.

432
00:23:39.000 --> 00:23:46.000
I can actually type right now your trademark and tell you if it's dead, dead, or just semi-dead.

433
00:23:46.000 --> 00:23:48.000
Yeah, it's A-T-A-P.

434
00:23:48.000 --> 00:23:51.000
Oh, I looked up yours already.

435
00:23:51.000 --> 00:23:54.000
Yeah, I actually, I think I, didn't you email me on this?

436
00:23:54.000 --> 00:23:55.000
Yes.

437
00:23:55.000 --> 00:23:57.000
Oh, yeah, I already looked up your stuff.

438
00:23:57.000 --> 00:24:00.000
Yeah, you're dead, dead.

439
00:24:00.000 --> 00:24:01.000
Yeah, yeah.

440
00:24:01.000 --> 00:24:02.000
Yeah, I'll do it.

441
00:24:02.000 --> 00:24:03.000
I'll do it live with you.

442
00:24:03.000 --> 00:24:08.000
Yeah, I review all those emails, and then I double check to see if there's other stuff we can do.

443
00:24:08.000 --> 00:24:10.000
So I'll look it up again.

444
00:24:10.000 --> 00:24:14.000
So A, was it A-T-A-P?

445
00:24:14.000 --> 00:24:16.000
Yes, all things are possible, lowercase.

446
00:24:16.000 --> 00:24:19.000
I don't know if that matters.

447
00:24:19.000 --> 00:24:21.000
Not really.

448
00:24:21.000 --> 00:24:26.000
And then education.

449
00:24:26.000 --> 00:24:35.000
Yeah, I remember I looked this up, I think it was like two days ago.

450
00:24:35.000 --> 00:24:44.000
You confirmed that it was dead, dead, and I couldn't find it when I typed it in.

451
00:24:44.000 --> 00:24:47.000
He's mistaken.

452
00:24:47.000 --> 00:24:51.000
It's still alive.

453
00:24:51.000 --> 00:24:57.000
I'm getting a young Frankenstein over here.

454
00:24:57.000 --> 00:25:00.000
Oh, come on. Now it's acting up the USPTO website.

455
00:25:00.000 --> 00:25:03.880
All things are possible, so we tap.

456
00:25:03.880 --> 00:25:06.160
Brittany said, it's only mostly dead.

457
00:25:07.480 --> 00:25:12.480
Yes, that's Princess Bride, Princess Bride, we're good.

458
00:25:13.040 --> 00:25:14.840
Come on, Princess Bride.

459
00:25:14.840 --> 00:25:17.800
I love VIP, it's so good.

460
00:25:17.800 --> 00:25:19.480
You're like, let everything loose over here.

461
00:25:19.480 --> 00:25:22.600
All right, so all things are possible, there it is.

462
00:25:22.600 --> 00:25:23.960
A tap, all things are possible.

463
00:25:23.960 --> 00:25:26.280
All right, I'm gonna share my screen.

464
00:25:26.280 --> 00:25:28.120
It's only mostly dead.

465
00:25:28.120 --> 00:25:28.960
Hold on a second.

466
00:25:30.520 --> 00:25:31.720
Hold on a second.

467
00:25:32.920 --> 00:25:33.760
What?

468
00:25:36.520 --> 00:25:37.360
No, no, no, no.

469
00:25:37.360 --> 00:25:38.200
All right, hold it.

470
00:25:38.200 --> 00:25:39.720
I'm gonna show you something here

471
00:25:39.720 --> 00:25:40.960
that actually may be good news.

472
00:25:40.960 --> 00:25:42.640
It looks like the site was updated.

473
00:25:42.640 --> 00:25:44.280
I'm gonna show you something here.

474
00:25:46.840 --> 00:25:48.000
Tempted apparel?

475
00:25:49.640 --> 00:25:50.480
Nope.

476
00:25:52.280 --> 00:25:54.640
It's not, all right, I'm gonna show you something here.

477
00:25:54.640 --> 00:25:57.560
You need to explain.

478
00:25:57.560 --> 00:25:58.680
You guys ever watch,

479
00:26:01.000 --> 00:26:02.920
I Love Lucy?

480
00:26:02.920 --> 00:26:04.040
Yeah.

481
00:26:04.040 --> 00:26:06.280
You got some splaining to do, all right?

482
00:26:06.280 --> 00:26:08.560
Let me, I'm gonna share my screen here.

483
00:26:08.560 --> 00:26:10.800
You got some splaining to do.

484
00:26:11.840 --> 00:26:13.840
Okay, I'll make this bigger.

485
00:26:13.840 --> 00:26:15.800
You gotta explain to me what I'm looking at here

486
00:26:15.800 --> 00:26:19.080
because according to the USPTO, what?

487
00:26:19.080 --> 00:26:21.760
Incognito, I don't want incognito.

488
00:26:21.760 --> 00:26:22.600
Hold on.

489
00:26:23.960 --> 00:26:28.360
So mine is ATAP education.

490
00:26:28.360 --> 00:26:31.560
Yeah, I know, but I just wanted to show you something here.

491
00:26:31.560 --> 00:26:33.840
Here's an ATAP, all things are possible.

492
00:26:33.840 --> 00:26:34.880
You see that?

493
00:26:34.880 --> 00:26:35.720
Yes.

494
00:26:36.560 --> 00:26:38.000
Were you aware of these guys?

495
00:26:39.520 --> 00:26:41.920
My attorney had said that there was somebody in apparel

496
00:26:41.920 --> 00:26:44.240
and somebody in something else

497
00:26:44.240 --> 00:26:46.240
that were not education related.

498
00:26:46.240 --> 00:26:47.840
They weren't in my classification.

499
00:26:47.840 --> 00:26:49.560
Yeah, I just wanted to show you that.

500
00:26:49.560 --> 00:26:50.960
I was like, what?

501
00:26:50.960 --> 00:26:52.400
Where'd that come from?

502
00:26:52.400 --> 00:26:55.920
All right, so all things are possible.

503
00:26:55.920 --> 00:26:58.520
Let's look to see if we could see your dead records.

504
00:27:00.800 --> 00:27:02.880
All things are possible.

505
00:27:05.480 --> 00:27:07.560
There's two all things are possible here.

506
00:27:09.640 --> 00:27:11.040
All things are possible, there it is.

507
00:27:11.040 --> 00:27:13.440
All things are possible, ATAP education.

508
00:27:13.440 --> 00:27:14.280
Found it.

509
00:27:14.280 --> 00:27:15.200
That's me.

510
00:27:15.200 --> 00:27:16.440
That's you.

511
00:27:16.440 --> 00:27:18.040
Mwah, mwah, mwah.

512
00:27:18.040 --> 00:27:19.720
Yay, that's me.

513
00:27:19.720 --> 00:27:21.480
Okay, but here's the thing.

514
00:27:22.480 --> 00:27:26.920
That is you, but see that?

515
00:27:26.920 --> 00:27:27.760
Yeah.

516
00:27:30.600 --> 00:27:33.320
You know, so yeah.

517
00:27:34.600 --> 00:27:35.720
He said, no, so good.

518
00:27:35.720 --> 00:27:38.880
All right, so if you click on that, TSDR,

519
00:27:39.840 --> 00:27:42.920
look at the status of your case.

520
00:27:43.960 --> 00:27:45.280
Yeah, it says abandoned.

521
00:27:45.280 --> 00:27:46.880
All right, so I'm just gonna make this bigger

522
00:27:46.880 --> 00:27:48.960
so you can see what happened in your case.

523
00:27:51.480 --> 00:27:52.960
Here, and in fact, you know what I'll do?

524
00:27:52.960 --> 00:27:53.920
Let me back up real quick.

525
00:27:53.920 --> 00:27:55.000
This is for everybody.

526
00:27:55.000 --> 00:27:58.400
Once you pull up a trademark, click on TSDR up here.

527
00:27:58.400 --> 00:28:00.240
We went through this once before,

528
00:28:00.240 --> 00:28:01.600
but just click on that TSDR.

529
00:28:01.600 --> 00:28:02.640
Then you can scroll down

530
00:28:02.640 --> 00:28:03.880
and you can see what happened to the case.

531
00:28:03.880 --> 00:28:04.800
There's a status.

532
00:28:04.800 --> 00:28:07.360
Abandoned because the applicant failed to respond

533
00:28:07.360 --> 00:28:09.840
or filed a late response to an office action.

534
00:28:11.240 --> 00:28:14.680
Okay, so if I look at your documents,

535
00:28:14.680 --> 00:28:17.280
there's the office action that came up against you.

536
00:28:18.720 --> 00:28:21.240
And in your, are you okay with me doing this live?

537
00:28:22.000 --> 00:28:23.440
Okay, cool.

538
00:28:23.440 --> 00:28:25.520
I didn't wanna like make you feel bad or something.

539
00:28:25.520 --> 00:28:28.880
All right, so this was like February 2nd, 2019.

540
00:28:28.880 --> 00:28:31.400
Ah, you had a likelihood of confusion rejection.

541
00:28:31.400 --> 00:28:32.600
That's not fun.

542
00:28:35.280 --> 00:28:36.120
Let's see.

543
00:28:36.120 --> 00:28:37.600
Because of the other businesses?

544
00:28:37.600 --> 00:28:40.600
Yeah, registration number 4715727.

545
00:28:44.920 --> 00:28:47.920
Let's see, they're saying that they look similar

546
00:28:48.920 --> 00:28:52.000
to all things are possible.

547
00:28:52.000 --> 00:28:54.600
Oh, there's another all things are possible.

548
00:28:54.600 --> 00:28:56.200
You're saying that you're very similar.

549
00:28:56.200 --> 00:28:58.160
So you actually had to provide legal arguments

550
00:28:58.160 --> 00:29:02.600
as to why yours are different in light of the similarities,

551
00:29:04.040 --> 00:29:05.280
closely related nature of the goods.

552
00:29:05.280 --> 00:29:07.360
Wow, it's getting really dark outside.

553
00:29:07.360 --> 00:29:08.360
It's a storm coming.

554
00:29:09.480 --> 00:29:10.320
I'm at the lake right now.

555
00:29:10.320 --> 00:29:12.080
I thought you were talking about my mark.

556
00:29:12.080 --> 00:29:12.920
No, no, no.

557
00:29:12.920 --> 00:29:17.040
It's talking about a dead mark.

558
00:29:17.040 --> 00:29:18.400
All of a sudden, a storm's coming.

559
00:29:18.400 --> 00:29:20.040
Like, how did I joke you?

560
00:29:20.040 --> 00:29:20.880
All right, let's see.

561
00:29:20.880 --> 00:29:21.960
Mark description.

562
00:29:21.960 --> 00:29:24.720
All right, so your mark description needed help.

563
00:29:24.720 --> 00:29:27.120
You had to do a disclaimer of the word education.

564
00:29:27.120 --> 00:29:27.960
That's fine.

565
00:29:27.960 --> 00:29:28.920
Who cares?

566
00:29:28.920 --> 00:29:29.920
It's not a big deal.

567
00:29:32.240 --> 00:29:34.080
Oh, you lost your T-status too.

568
00:29:34.080 --> 00:29:36.400
Yeah, they messed up.

569
00:29:36.400 --> 00:29:37.240
They messed up.

570
00:29:37.240 --> 00:29:40.440
All right, so I'm gonna show you a trademark

571
00:29:40.440 --> 00:29:43.440
that actually, the reason why you got rejected.

572
00:29:43.480 --> 00:29:48.280
It's because of control V.

573
00:29:50.360 --> 00:29:53.640
Serial number, registration number, submit query.

574
00:29:53.640 --> 00:29:54.760
This is why.

575
00:29:54.760 --> 00:29:58.640
Oh yeah, it's on education and entertainment services.

576
00:30:00.000 --> 00:30:06.960
yeah and before mine august 2014 yeah it was filed august 2014

577
00:30:09.520 --> 00:30:12.880
and you're saying that they first used it 2007

578
00:30:15.760 --> 00:30:23.040
well i used it mine in 2000 and uh let's say 1996 is when i started using it

579
00:30:24.000 --> 00:30:29.040
yeah you should have filed right away then you would have been good remember it's a first

580
00:30:29.040 --> 00:30:36.640
to file system so they got a registration before you wow so i have to i mean change everything

581
00:30:36.640 --> 00:30:44.480
the good part well i mean remember like common law okay common law still exists right so i mean

582
00:30:44.480 --> 00:30:49.520
if you're trying to grow then you got a problem because now now you're i'm just saying in general

583
00:30:49.520 --> 00:30:55.440
right in general if somebody has a federal registration another party another party's

584
00:30:55.440 --> 00:31:02.080
been using that trademark for an elongated period of time well under common law they should be able

585
00:31:02.080 --> 00:31:06.400
to use it in a specific geographical region in which they've been using it right in interstate

586
00:31:06.400 --> 00:31:11.360
commerce um as long as they've been using it prior to the one who gets federal registration

587
00:31:12.080 --> 00:31:18.640
if they started using it afterwards that's a problem so the name has been used since 1996

588
00:31:18.720 --> 00:31:21.760
the logo has been used since 2013

589
00:31:24.400 --> 00:31:28.320
well looking at your logo let's go to your logo

590
00:31:35.200 --> 00:31:37.840
adding sound effects so as we're doing things people

591
00:31:37.840 --> 00:31:40.640
peter's gonna make me start pulling graphics with sound effects

592
00:31:40.640 --> 00:31:46.480
clearing the path all right here we go uh let's look up

593
00:31:48.960 --> 00:31:51.760
all things are possible

594
00:31:54.880 --> 00:32:03.360
a dot t dot stop there what just happened well i couldn't find any of this when i looked it up

595
00:32:04.240 --> 00:32:09.600
i know why it's doing that i know why it's because it's looking at the punctuation it's having

596
00:32:09.600 --> 00:32:13.440
problems fine you're working with the punctuation all right so here's your

597
00:32:13.440 --> 00:32:17.840
trademark one more time there it is there all things are possible a tap so

598
00:32:19.680 --> 00:32:22.800
your logo actually has the words in it so that that's a problem

599
00:32:25.040 --> 00:32:30.480
yeah so again not legal advice but you should consult the lawyer if you're going to continue

600
00:32:30.480 --> 00:32:36.000
using those words because or even a tap because that's an abbreviation for that and i wouldn't

601
00:32:36.000 --> 00:32:45.760
want you to get in trouble for that wow even though i've had it since 1996 well you again

602
00:32:45.760 --> 00:32:50.960
under common law you if a party has been using it multiple years prior to somebody gets federal

603
00:32:50.960 --> 00:32:56.000
registration they can continue in their specific geographical region but you just said that the

604
00:32:56.000 --> 00:33:02.640
logo is new so if your logo is new then your logo may post date them if your logo post dates them

605
00:33:02.640 --> 00:33:09.520
you can run the problems even though your name predates them right so so it's a very actually

606
00:33:09.520 --> 00:33:14.960
it's a very interesting situation um this is actually a situation your situation is one i

607
00:33:14.960 --> 00:33:19.520
would actually use on a final exam quite frankly because all things are possible you should be

608
00:33:19.520 --> 00:33:25.040
able to continue using all things are possible because you already use it right in 1996 which

609
00:33:25.040 --> 00:33:30.880
predates but that but now you're placing it in a different medium you're placing it into a logo

610
00:33:30.880 --> 00:33:36.320
so the question is do you need to stop using it in the logo since the logo is new but the

611
00:33:36.320 --> 00:33:41.280
logo includes the words that were used previously so therefore is the logo

612
00:33:43.440 --> 00:33:51.840
okay because it uses words that predate technically again i i i intentionally do

613
00:33:51.840 --> 00:33:56.240
not give legal advice here because what happens is there's one or two things that somebody doesn't

614
00:33:56.240 --> 00:33:59.920
say and then they rely upon it and they're like but you you know and you could have somebody

615
00:33:59.920 --> 00:34:04.080
relying upon something but not knowing the whole situation you don't want that but it but i'm just

616
00:34:04.080 --> 00:34:08.320
going to say in general let's say that there was the nike solution named nike and i've been using

617
00:34:08.320 --> 00:34:17.520
nike wow it is there's like a storm coming in um so i'll actually move the camera so you guys can

618
00:34:17.520 --> 00:34:23.280
see what the outside is like it's pretty amazing right now so the situation is that if i if i've

619
00:34:23.280 --> 00:34:31.199
been using the name nike and then nike comes along and they file for registration i create a logo

620
00:34:31.840 --> 00:34:36.719
and that logo has the name nike on it i should be able to continue using nike because i've been

621
00:34:36.719 --> 00:34:40.639
using nike already even though it's a new a new logo it's using the name that i've been using

622
00:34:40.639 --> 00:34:48.159
already the question is are they going to say well the logo is a new use and so you should have your

623
00:34:48.159 --> 00:34:53.840
lawyer look into that to see whether or not the logo would be considered a new use personally i

624
00:34:53.840 --> 00:34:59.840
would argue it's not i mean in my case i would argue it's the same name that i was using before

625
00:35:00.000 --> 00:35:04.680
I'm still using it, but the opposing party is going to say,

626
00:35:04.900 --> 00:35:06.000
well, it's a different use.

627
00:35:06.000 --> 00:35:07.180
You're using it as a logo.

628
00:35:07.180 --> 00:35:08.660
You're not using it as a word mark.

629
00:35:09.800 --> 00:35:11.200
And so it's a new use.

630
00:35:11.320 --> 00:35:12.880
And now that's a legal battle.

631
00:35:13.640 --> 00:35:17.620
So, I mean, the long and short of it is it's unfortunate.

632
00:35:18.760 --> 00:35:22.140
You had an application in there.

633
00:35:22.140 --> 00:35:22.940
It got rejected.

634
00:35:22.940 --> 00:35:28.560
Whoa! A lightning bolt just like, did you hear that?

635
00:35:29.340 --> 00:35:31.880
It just like right there.

636
00:35:31.880 --> 00:35:33.400
All right.

637
00:35:33.400 --> 00:35:38.440
We're moving off of Karen's question because like apparently the world is ending

638
00:35:38.440 --> 00:35:39.160
with her question.

639
00:35:39.160 --> 00:35:40.640
Horses are moving on this.

640
00:35:40.640 --> 00:35:44.140
I'm telling you, man, like the storm's getting closer as I keep talking to you, Karen.

641
00:35:44.140 --> 00:35:45.080
What's going on here?

642
00:35:45.240 --> 00:35:47.000
Hey, hey, it's Psalm 18.

643
00:35:47.000 --> 00:35:49.720
God is coming in thunder and lightning and clouds.

644
00:35:49.720 --> 00:35:50.560
And he's answering.

645
00:35:50.560 --> 00:35:51.800
He's hearing my cry.

646
00:35:52.040 --> 00:35:53.440
Yeah, he's hearing something.

647
00:35:53.440 --> 00:35:55.120
I just don't want to get hit by his answer.

648
00:35:55.120 --> 00:36:00.440
But yeah, in your specific situation, I would talk to an attorney.

649
00:36:00.440 --> 00:36:07.720
And the question I would ask is the new use for the new use, it's using a word that I had

650
00:36:07.720 --> 00:36:14.100
before. So is it the case that since it's using a word that I had before, I can continue

651
00:36:14.100 --> 00:36:15.840
using the word that I had before?

652
00:36:16.360 --> 00:36:18.320
Personally, I would argue yes.

653
00:36:19.280 --> 00:36:23.360
But you should double check with your attorney just to make sure that, you know, all the

654
00:36:23.360 --> 00:36:26.880
I's are dotted and the T's across so you don't get in trouble because you already

655
00:36:26.880 --> 00:36:32.280
clearly have a problem with another party that has, you know, has a filing.

656
00:36:32.280 --> 00:36:35.880
So that's what the USPTO said in their own record.

657
00:36:36.520 --> 00:36:42.440
So but I think your answers really fall into the area or anybody's answer in a situation

658
00:36:42.440 --> 00:36:43.880
like this would be like common law.

659
00:36:44.560 --> 00:36:46.600
And what do you do in this common law situation?

660
00:36:46.600 --> 00:36:47.520
It's unique.

661
00:36:47.520 --> 00:36:49.200
Those are two very unique questions.

662
00:36:49.200 --> 00:36:51.840
Axel's and Karen's very unique.

663
00:36:52.000 --> 00:36:54.800
You guys give me another question like that and we're done for the day.

664
00:36:54.800 --> 00:36:56.360
Do we understand ourselves here?

665
00:36:57.120 --> 00:37:02.320
I'm just kidding. We have Janine and and Krishna were from yesterday as well.

666
00:37:02.840 --> 00:37:03.840
OK, thank you.

667
00:37:05.280 --> 00:37:08.240
Krishna, you're up. And and I was also.

668
00:37:08.840 --> 00:37:11.240
Yeah. Hi, everybody.

669
00:37:11.920 --> 00:37:14.560
Peter, this is a really easy question.

670
00:37:14.600 --> 00:37:20.320
OK. So I don't think it qualifies, qualifies for lightning or, you know, storms.

671
00:37:20.640 --> 00:37:28.040
But it vaguely relates to the last one where if the content is about educational and

672
00:37:28.040 --> 00:37:29.440
informational items.

673
00:37:31.520 --> 00:37:35.240
And it's on things like Instagram, Facebook, YouTube.

674
00:37:36.440 --> 00:37:39.000
You know how they have these little share buttons on all of them.

675
00:37:39.120 --> 00:37:42.960
Oh, yeah. Who owns that content?

676
00:37:43.120 --> 00:37:45.560
Wow. That's a great question.

677
00:37:45.680 --> 00:37:47.320
This is going to take a little while, guys.

678
00:37:47.640 --> 00:37:48.840
But this is important to cover.

679
00:37:48.920 --> 00:37:50.160
OK, so.

680
00:37:51.240 --> 00:37:55.800
The creator of the content originally writes, I've had a few people ask me, why don't

681
00:37:55.800 --> 00:37:57.160
you go live in Facebook?

682
00:37:57.600 --> 00:37:59.360
We're going to hit that answer right now.

683
00:37:59.880 --> 00:38:03.000
Right. Some people are like it'd be so much easier.

684
00:38:03.000 --> 00:38:04.680
You wouldn't have to do video editing.

685
00:38:04.960 --> 00:38:07.680
You can just do it. You know what these other people are doing.

686
00:38:09.360 --> 00:38:16.320
Whenever anything you put on Facebook, Facebook owns, to be clear, anything you put on

687
00:38:16.320 --> 00:38:19.720
there, they automatically have a certain right to it.

688
00:38:19.720 --> 00:38:22.920
That means they can take your content, they can package it, they can sell it.

689
00:38:23.680 --> 00:38:26.000
They feel that what you're doing is valuable.

690
00:38:26.320 --> 00:38:28.440
They can package it themselves and they can sell it.

691
00:38:29.000 --> 00:38:35.040
All right. So if you're doing like channel challenges and somebody sees the content and

692
00:38:35.040 --> 00:38:39.200
goes, man, this stuff that, you know, Brittany's doing is this is good.

693
00:38:39.920 --> 00:38:45.760
Like, let's grab the last five days, put it into a package and let's offer it for sale.

694
00:38:45.840 --> 00:38:46.960
Created by Facebook.

695
00:38:47.440 --> 00:38:48.360
You can't stop them.

696
00:38:50.120 --> 00:38:54.760
Right, because in that original agreement that you signed with Facebook, it says that

697
00:38:54.760 --> 00:38:59.800
you give them certain rights to use anything that you published on there.

698
00:39:00.120 --> 00:39:05.200
How do you think it is that you get your birthday when it comes to your birthday?

699
00:39:05.640 --> 00:39:11.640
You get this video that plays that has your pictures, has your text messages to other

700
00:39:11.640 --> 00:39:14.200
people. It has like memos.

701
00:39:14.600 --> 00:39:15.560
It has all sorts of stuff.

702
00:39:15.880 --> 00:39:18.600
And you're like, oh, that's so cool.

703
00:39:18.600 --> 00:39:20.120
But something inside of you should go.

704
00:39:20.720 --> 00:39:23.880
How in the world did these guys just harvest my material?

705
00:39:23.880 --> 00:39:25.960
Like. What was that about?

706
00:39:26.640 --> 00:39:29.320
It's because you gave them a non-exclusive license to do that.

707
00:39:29.880 --> 00:39:31.960
So that's why I don't go live into Facebook.

708
00:39:32.400 --> 00:39:35.840
OK, that's why what I do is I go live into Zoom.

709
00:39:35.920 --> 00:39:37.880
Zoom doesn't obtain any rights.

710
00:39:38.280 --> 00:39:42.200
They just have a non-exclusive license associated with holding the material.

711
00:39:42.720 --> 00:39:45.080
They can't grab it and do anything with it.

712
00:39:45.680 --> 00:39:50.240
And so but there are certain platforms along the line of what Chris is talking about.

713
00:39:50.240 --> 00:39:55.280
There are certain platforms that obtain legal rights to what you're doing.

714
00:39:56.160 --> 00:39:56.680
If you.

715
00:40:00.000 --> 00:40:04.200
I was just thinking about something. I'm trying to figure out if the window in the living

716
00:40:04.200 --> 00:40:07.720
room is open right now. It is raining really hard.

717
00:40:07.720 --> 00:40:12.120
Go look at it. We'll wait. Are you guys okay with that? Give me one minute.

718
00:40:12.120 --> 00:40:14.120
Yeah, yeah, yeah. Go, go, go. I'll be right back.

719
00:40:14.120 --> 00:40:15.120
Yeah, protectors. We're the protectors.

720
00:40:15.120 --> 00:40:18.120
I just want to double check. I'll be right back.

721
00:40:18.120 --> 00:40:24.960
Wow, look at that chair. We work so, so much. I've never even got to see that.

722
00:40:25.080 --> 00:40:29.080
I don't even know what rain looks like. California is so rain-starved.

723
00:40:29.080 --> 00:40:32.080
Oh, man. Where, Putter, California?

724
00:40:32.080 --> 00:40:34.080
Los Angeles.

725
00:40:34.080 --> 00:40:36.080
Oh, my son was born there.

726
00:40:36.080 --> 00:40:41.080
Yeah, it's like eternal spring, if it's a coastal desert, that is.

727
00:40:41.080 --> 00:40:43.080
Eternal spring in a coastal desert.

728
00:40:43.080 --> 00:40:47.080
Right. I was born in Palm Springs. I live in Hawaii now.

729
00:40:47.080 --> 00:40:50.080
Oh, that sounds even more beautiful.

730
00:40:50.200 --> 00:40:55.200
It is so hard to have a bad day when you walk outside.

731
00:40:55.200 --> 00:40:58.200
So, you're like California with rain.

732
00:40:58.200 --> 00:41:03.200
Yeah, well, actually, on the island that I'm on, I'm on the driest side of the island,

733
00:41:03.200 --> 00:41:08.200
and the winds block the hurricanes. I'm on the safest side of Maui, so it's a pretty

734
00:41:08.200 --> 00:41:13.200
good location. But if I want rain, I hop on an island over. It's a 35-minute flight,

735
00:41:13.200 --> 00:41:16.200
and I go stay with my sisters. They're like in the jungle.

736
00:41:16.320 --> 00:41:20.320
So, if you want to avoid the rain, you have to be in Maui?

737
00:41:20.320 --> 00:41:21.320
Yeah.

738
00:41:21.320 --> 00:41:22.320
Okay, got it.

739
00:41:22.320 --> 00:41:25.320
Thank you, guys. My windows were open, so thank you.

740
00:41:25.320 --> 00:41:26.320
Oh, nice.

741
00:41:26.320 --> 00:41:27.320
Appreciate you.

742
00:41:27.320 --> 00:41:28.320
Good save.

743
00:41:28.320 --> 00:41:33.320
Since I live on a lake, maybe tomorrow I'll actually turn the camera so you guys

744
00:41:33.320 --> 00:41:35.320
can see it all. It's really beautiful.

745
00:41:35.320 --> 00:41:42.320
Actually, God showed me the place in a dream, and it's amazing how I ended up

746
00:41:42.440 --> 00:41:46.440
on the property. Just absolutely a miracle that manifested.

747
00:41:46.440 --> 00:41:50.440
But I'll show it to you guys tomorrow, not during this massive storm.

748
00:41:50.440 --> 00:41:55.440
So, these storms come right off of the lake, like full speed, and they come up

749
00:41:55.440 --> 00:42:00.440
like winds 90 miles an hour sometimes and just tear up things.

750
00:42:00.440 --> 00:42:04.440
And so, yeah, we got to be careful.

751
00:42:04.440 --> 00:42:06.440
Anyways, thank you.

752
00:42:06.560 --> 00:42:07.560
So, all right.

753
00:42:07.560 --> 00:42:15.560
So, when I was talking about Krishna's question, what you want to do

754
00:42:15.560 --> 00:42:20.560
is figure out what is the medium in which you are allowing your material

755
00:42:20.560 --> 00:42:23.560
to be positioned, right?

756
00:42:23.560 --> 00:42:25.560
Like, where are you placing it?

757
00:42:25.560 --> 00:42:33.560
Is it TikTok, Instagram, YouTube, Facebook, Vimeo, wherever it is?

758
00:42:33.680 --> 00:42:36.680
Now, technically, the creator of the original work is supposed to be

759
00:42:36.680 --> 00:42:38.680
the one who owns it.

760
00:42:38.680 --> 00:42:43.680
But there's certain forums that the second you place it into their forum,

761
00:42:43.680 --> 00:42:45.680
they get a non-exclusive license to it.

762
00:42:45.680 --> 00:42:48.680
Now, that doesn't mean you lose your own rights.

763
00:42:48.680 --> 00:42:55.680
It just means that you may not be able to stop them from using that material.

764
00:42:55.680 --> 00:42:56.680
Okay?

765
00:42:56.680 --> 00:42:58.680
So, that's the first part.

766
00:42:58.680 --> 00:43:01.680
Now, there's another part to this, because one of you actually asked me

767
00:43:01.800 --> 00:43:03.800
this question before.

768
00:43:03.800 --> 00:43:10.800
The other question is, what if I grab material from, like, Canva

769
00:43:10.800 --> 00:43:15.800
or from Shutterstock or from some other facility?

770
00:43:15.800 --> 00:43:20.800
I'm grabbing images and I'm using those images in my funnel.

771
00:43:20.800 --> 00:43:23.800
Do I technically now have rights to the funnel?

772
00:43:23.800 --> 00:43:29.800
Or, you know, like, what happens if I'm using somebody else's work

773
00:43:29.920 --> 00:43:31.920
in my work?

774
00:43:31.920 --> 00:43:33.920
You've got to look at the license agreements.

775
00:43:33.920 --> 00:43:35.920
I mean, that's the answer to it.

776
00:43:35.920 --> 00:43:36.920
You have to look at it.

777
00:43:36.920 --> 00:43:40.920
Canva has specific provisions that talk about what you can

778
00:43:40.920 --> 00:43:42.920
and can't do with their material.

779
00:43:42.920 --> 00:43:44.920
Shutterstock, same thing.

780
00:43:44.920 --> 00:43:47.920
So, you need to read those provisions and find out.

781
00:43:47.920 --> 00:43:51.920
Now, in the protection portal that I offered to you guys,

782
00:43:51.920 --> 00:43:53.920
we go through all this stuff.

783
00:43:53.920 --> 00:43:54.920
Like, we dig in.

784
00:43:54.920 --> 00:43:55.920
These people are nerds.

785
00:43:55.920 --> 00:43:58.920
Like, it's awesome.

786
00:43:59.040 --> 00:44:00.040
Like, we dig in.

787
00:44:00.040 --> 00:44:04.040
When we find, like, certain provisions for certain platforms,

788
00:44:04.040 --> 00:44:06.040
we publish them.

789
00:44:06.040 --> 00:44:08.040
Like, we share them with each other.

790
00:44:08.040 --> 00:44:11.040
And we actually go into detail on a lot of this stuff.

791
00:44:11.040 --> 00:44:14.040
So, the answer to, you know, who actually owns this,

792
00:44:14.040 --> 00:44:17.040
Chris, now is it's supposed to be the artist.

793
00:44:17.040 --> 00:44:21.040
But in the process of making that available to others,

794
00:44:21.040 --> 00:44:25.040
other people might have obtained rights to it in that process

795
00:44:25.040 --> 00:44:28.040
without the artist actually realizing it.

796
00:44:28.160 --> 00:44:30.160
So, now all of a sudden, there's, like,

797
00:44:30.160 --> 00:44:32.160
three other parties that have legal rights to it

798
00:44:32.160 --> 00:44:34.160
and you can't stop them.

799
00:44:34.160 --> 00:44:36.160
It's not so much the platforms, Peter.

800
00:44:36.160 --> 00:44:38.160
It's when other people are sharing it.

801
00:44:38.160 --> 00:44:41.160
And I think the strategy should be to only share

802
00:44:41.160 --> 00:44:44.160
on these platforms the things you're willing to give,

803
00:44:44.160 --> 00:44:48.160
you know, and allow it to go viral, basically.

804
00:44:48.160 --> 00:44:49.160
Well, you can share.

805
00:44:49.160 --> 00:44:51.160
I mean, sharing is not...

806
00:44:51.160 --> 00:44:54.160
Like, let's say I create a video on TikTok, right?

807
00:44:54.160 --> 00:44:56.160
And I share it with you.

808
00:44:56.160 --> 00:44:57.160
I own it.

809
00:44:57.160 --> 00:45:00.280
Now, now that you have it, you're not the original...

810
00:45:00.000 --> 00:45:04.640
of it. You can't modify it, you can't do anything with it. Now

811
00:45:04.640 --> 00:45:06.960
you can share it with other people because that platform

812
00:45:06.960 --> 00:45:09.320
makes it so you can share it with other people. But

813
00:45:09.320 --> 00:45:13.000
technically, I'm the original creator, so I own it. You know,

814
00:45:13.000 --> 00:45:17.760
you don't own it, you can share it with others. I mean, it begs

815
00:45:17.760 --> 00:45:25.440
the question of, in a social media platform, if I have the

816
00:45:25.440 --> 00:45:30.840
ability to share copyrighted works, just by the mere fact

817
00:45:30.840 --> 00:45:35.720
that the platform is created to allow sharing, do I actually,

818
00:45:36.200 --> 00:45:38.880
what are the chances of my winning in a copyright lawsuit

819
00:45:38.880 --> 00:45:42.120
against another party when I shared my own material with that

820
00:45:42.120 --> 00:45:46.480
party on a platform that's intended to share? Yeah. You

821
00:45:46.480 --> 00:45:51.680
know, it's like, not very good. You know, now, because that's

822
00:45:51.680 --> 00:45:54.520
what the platform is created for. But now if I take that

823
00:45:54.520 --> 00:45:58.240
work, and I modify it, and I create a derivative work, now

824
00:45:58.240 --> 00:46:01.360
you got more of a copyright infringement issue. Because

825
00:46:01.360 --> 00:46:04.120
you're modifying the original work. You know, there's no

826
00:46:04.120 --> 00:46:07.640
attribution. Like when I share, you still see the original

827
00:46:07.640 --> 00:46:11.440
video. You don't, you don't see modifications to it. If you

828
00:46:11.440 --> 00:46:14.280
start modifying my video, now that becomes a copyright

829
00:46:14.320 --> 00:46:19.800
infringement issue. Right. But technically, the fact of the

830
00:46:19.800 --> 00:46:23.360
matter is the only people who can actually share a copyrighted

831
00:46:23.360 --> 00:46:27.520
work are the people who have who own it. Right. So if I, I

832
00:46:27.520 --> 00:46:31.960
have a copyright gives you the right to distribute, to make

833
00:46:31.960 --> 00:46:36.400
copies to make derivatives. Well, what's Facebook all about?

834
00:46:38.280 --> 00:46:42.560
Sharing? Yeah, every time you share something, every time that

835
00:46:42.560 --> 00:46:45.720
you share something, there's thing called cash on your

836
00:46:45.720 --> 00:46:52.000
computer. Cash makes copies. So technically, every single time

837
00:46:52.000 --> 00:46:55.360
that is being shared by a party that's not the original party,

838
00:46:55.360 --> 00:46:58.560
that's copyright infringement. But the platform's created for

839
00:46:58.560 --> 00:47:01.160
that. So if you're on the platform, your chances of

840
00:47:01.160 --> 00:47:05.240
winning decrease, because you knew it when you put it there.

841
00:47:05.560 --> 00:47:07.800
And that's what the platform's for. So

842
00:47:08.400 --> 00:47:11.320
I guess you just have to see it as a PR play. Do you know, like,

843
00:47:11.360 --> 00:47:14.920
like, I'll give you a specific example. Jordan Peterson does

844
00:47:14.920 --> 00:47:19.320
these amazing talks. And there's other people that just clip and

845
00:47:19.320 --> 00:47:25.360
paste bits of his YouTube video into their own compilations. Do

846
00:47:25.360 --> 00:47:29.200
you know? Oh, yeah. So it's, it's just fair game, then they're

847
00:47:29.200 --> 00:47:32.240
just going to make revenue off Jordan. It's just the way that

848
00:47:32.280 --> 00:47:34.960
it's the way that the platform I mean, look at tick tock, you can

849
00:47:34.960 --> 00:47:37.320
actually split the screen and put yourself next to the

850
00:47:37.320 --> 00:47:40.840
person. Yes, you know, and you can grab somebody else's audio

851
00:47:40.840 --> 00:47:43.880
by playing their video and clicking the circle, the little

852
00:47:43.880 --> 00:47:47.960
record. On the bottom right, you can grab their audio, put their

853
00:47:47.960 --> 00:47:51.000
audio on your video with somebody else's video playing

854
00:47:51.000 --> 00:47:55.000
there. That's like double copyright infringement. But

855
00:47:55.000 --> 00:48:02.880
that's what tick tock is. So you it's, it's a if what you did was

856
00:48:02.880 --> 00:48:06.840
you went into a bad part of town at three in the morning, with

857
00:48:06.840 --> 00:48:10.440
money falling out of your pockets, and said, you know,

858
00:48:10.480 --> 00:48:14.600
does anybody here have crack, even though you intended, you

859
00:48:14.600 --> 00:48:19.280
know, like a bone fragment, because you work in a segment

860
00:48:19.280 --> 00:48:23.880
for healing bones, you're going to run the problems. And so

861
00:48:23.920 --> 00:48:27.800
that's just, it's a product, it's the nature of where you

862
00:48:27.800 --> 00:48:32.560
are in your environment. So there are there are clear laws,

863
00:48:32.600 --> 00:48:36.280
but then there is can you enforce the law. And that's

864
00:48:36.280 --> 00:48:39.120
something that you learn more about, you know, over time as

865
00:48:39.120 --> 00:48:42.720
you're, as you're engaged in this. So, all right, let me

866
00:48:42.720 --> 00:48:48.720
take you. Yeah, let me take on your list yesterday. Who do you

867
00:48:48.720 --> 00:48:51.760
mean? We really haven't heard from her in a while. I think

868
00:48:51.760 --> 00:48:54.200
Connie was on the list too, right? Yes.

869
00:48:55.600 --> 00:48:56.880
Let Janine go first.

870
00:48:57.400 --> 00:49:00.080
All right, Janine. Good. I mean, you're really far away in San

871
00:49:00.080 --> 00:49:01.960
Francisco. So you know,

872
00:49:02.400 --> 00:49:07.800
yes. I mean, I'm in Cleveland, Ohio, but I like the San

873
00:49:07.800 --> 00:49:09.080
Francisco Bridge.

874
00:49:09.160 --> 00:49:10.840
That works. That works.

875
00:49:11.640 --> 00:49:18.680
My question kind of built off of the previous person. I wanted

876
00:49:18.680 --> 00:49:24.400
to know if you, if you, I'm a hairstylist and an accountant.

877
00:49:24.440 --> 00:49:32.440
And if we post, if I post stuff on IG and Facebook, like a

878
00:49:33.080 --> 00:49:37.920
technique, I'd still own that, right? That's my, do I still own

879
00:49:37.920 --> 00:49:38.520
that?

880
00:49:38.520 --> 00:49:39.880
You said a technique.

881
00:49:40.280 --> 00:49:41.120
Technique.

882
00:49:41.320 --> 00:49:45.640
Yeah. All right. Techniques. The question you have to ask is, is

883
00:49:45.640 --> 00:49:48.720
the technique protectable in and of itself? So you're a

884
00:49:48.720 --> 00:49:51.880
hairstylist. So I'm assuming you have certain techniques that you

885
00:49:51.880 --> 00:49:54.240
utilize as a hairstylist, correct?

886
00:49:54.560 --> 00:49:54.960
Yes.

887
00:49:55.480 --> 00:49:59.080
So that makes people come after you because you know that

888
00:49:59.080 --> 00:50:00.040
technique. So people

889
00:50:00.000 --> 00:50:01.040
want that technique.

890
00:50:02.000 --> 00:50:06.060
Techniques are not protectable on the trademark.

891
00:50:07.080 --> 00:50:10.280
The technique's not protectable on the copyrights.

892
00:50:10.280 --> 00:50:12.320
It would have to be a method that is protectable

893
00:50:12.320 --> 00:50:15.600
on their patent, and you would have to own that technique.

894
00:50:17.160 --> 00:50:18.720
But that would be a certain method.

895
00:50:18.720 --> 00:50:22.960
So let's say that you use a certain type of machine

896
00:50:22.960 --> 00:50:24.400
or a certain type of blow dryer

897
00:50:24.400 --> 00:50:28.320
or a certain type of curling thing or whatever it is,

898
00:50:28.320 --> 00:50:30.240
and there was a time sequence associated with it,

899
00:50:30.240 --> 00:50:34.880
whatever it is, you would have to actually own that,

900
00:50:36.200 --> 00:50:38.560
that method, file a patent on that method

901
00:50:38.560 --> 00:50:40.600
if it was patentable.

902
00:50:40.600 --> 00:50:43.120
And then if you put it on Instagram, your method,

903
00:50:43.120 --> 00:50:45.800
then you would, when you post it on Instagram,

904
00:50:45.800 --> 00:50:47.380
you would put down the patent number.

905
00:50:47.380 --> 00:50:49.400
So everybody knows, hey, you know,

906
00:50:49.400 --> 00:50:51.800
hey, check out this new method that I use.

907
00:50:51.800 --> 00:50:53.840
I've protected it on the patent law.

908
00:50:53.840 --> 00:50:57.640
Now, methods in general that are able to be done

909
00:50:57.680 --> 00:51:00.000
by a human being without using machines

910
00:51:00.000 --> 00:51:02.760
and systems like that, electronics,

911
00:51:02.760 --> 00:51:05.400
typically are not allowed by the patent office.

912
00:51:05.400 --> 00:51:06.800
So you got to figure out whether or not

913
00:51:06.800 --> 00:51:08.600
your technique is unique enough

914
00:51:08.600 --> 00:51:10.880
to actually protect by patent.

915
00:51:10.880 --> 00:51:13.440
Now, one strategy that people use,

916
00:51:14.880 --> 00:51:16.560
I think I'll touch base on this tomorrow,

917
00:51:16.560 --> 00:51:19.340
what some people will do is they will file

918
00:51:19.340 --> 00:51:21.320
more than one provisional patent application.

919
00:51:21.320 --> 00:51:24.600
So they can say, instead of saying patent pending,

920
00:51:24.600 --> 00:51:27.100
which can scare the competition away,

921
00:51:27.100 --> 00:51:28.700
they say patents pending.

922
00:51:29.660 --> 00:51:32.540
People don't know if that means two or 40.

923
00:51:32.540 --> 00:51:33.780
They have no idea.

924
00:51:33.780 --> 00:51:35.620
Because after you file your application,

925
00:51:35.620 --> 00:51:39.400
it's confidential for 16 months after filing.

926
00:51:40.500 --> 00:51:41.700
And you can actually request

927
00:51:41.700 --> 00:51:44.880
that it remains confidential the entire time.

928
00:51:44.880 --> 00:51:45.980
But if you do that,

929
00:51:45.980 --> 00:51:48.860
then I'm really giving you a lot of data here.

930
00:51:48.860 --> 00:51:50.680
So I don't want to make you guys drown.

931
00:51:50.680 --> 00:51:55.300
But if you request not to ever publish your application,

932
00:51:55.300 --> 00:51:57.700
unless it issues, you can't foreign file

933
00:51:58.740 --> 00:52:00.020
using the same priority date.

934
00:52:00.020 --> 00:52:03.060
So I just said that I probably confused half of you,

935
00:52:03.060 --> 00:52:08.060
but the whole point is don't just select not to publish

936
00:52:08.620 --> 00:52:11.140
unless you know you're not going to file that patent

937
00:52:11.140 --> 00:52:12.020
in a foreign country.

938
00:52:12.020 --> 00:52:13.580
You only stay in the United States.

939
00:52:13.580 --> 00:52:14.940
If you only stay in the United States,

940
00:52:14.940 --> 00:52:18.100
then file your application and select non-publication

941
00:52:18.100 --> 00:52:19.820
all day long, you're fine.

942
00:52:19.820 --> 00:52:21.140
No problem.

943
00:52:21.140 --> 00:52:23.680
And then another question was,

944
00:52:24.740 --> 00:52:29.740
if I have my IT person building my website

945
00:52:30.300 --> 00:52:35.300
and I am structuring a portal for text clients

946
00:52:35.900 --> 00:52:39.040
to upload their documents and stuff,

947
00:52:40.420 --> 00:52:43.380
do I send her a letter saying that,

948
00:52:45.020 --> 00:52:46.580
yes, you're building this for me,

949
00:52:46.580 --> 00:52:49.380
but I own the rights to this portal?

950
00:52:49.380 --> 00:52:51.500
Anything that anybody builds for us,

951
00:52:51.500 --> 00:52:53.620
anytime we always want them to assign

952
00:52:53.620 --> 00:52:57.060
all rights, title and interest to us, always.

953
00:52:57.060 --> 00:52:59.100
So anytime for everybody here,

954
00:52:59.100 --> 00:53:02.540
if we ever get a third party to work for us

955
00:53:02.540 --> 00:53:05.500
to build anything, I hereby assign all rights,

956
00:53:05.500 --> 00:53:08.060
title and interest over to XYZ Corporation

957
00:53:08.060 --> 00:53:10.140
or to TJ Ward or whatever it is.

958
00:53:11.940 --> 00:53:13.580
Now, if your name's not TJ Ward,

959
00:53:13.580 --> 00:53:15.460
you don't want to assign all rights, title and interest

960
00:53:15.460 --> 00:53:17.380
to TJ Ward, okay?

961
00:53:17.380 --> 00:53:19.460
I'm just saying in general,

962
00:53:19.460 --> 00:53:21.100
you put your name down the dotted line

963
00:53:21.100 --> 00:53:22.300
so that people know that.

964
00:53:22.300 --> 00:53:24.260
All right, I'm going to answer one more question

965
00:53:24.260 --> 00:53:28.940
and then tomorrow we're going to have another day together.

966
00:53:28.940 --> 00:53:32.840
So, Tracy, did I answer a question from you?

967
00:53:34.100 --> 00:53:34.940
I have, right?

968
00:53:36.500 --> 00:53:38.460
Well, you have, but I mean, if Connie,

969
00:53:38.460 --> 00:53:39.300
I mean, I was saying my name-

970
00:53:39.300 --> 00:53:42.580
Connie was yesterday, so I want to go to Connie.

971
00:53:42.580 --> 00:53:44.140
Okay, all right, cool.

972
00:53:44.140 --> 00:53:45.220
All right, Connie, you're up.

973
00:53:45.220 --> 00:53:46.580
One question, my friend.

974
00:53:47.900 --> 00:53:52.420
Actually, you just answered by answering the other girl.

975
00:53:52.420 --> 00:53:53.540
Okay, awesome.

976
00:53:53.540 --> 00:53:55.060
See, that happens, that happens.

977
00:53:55.060 --> 00:53:58.140
Which means we go back to Tracy, come on, Tracy.

978
00:53:58.140 --> 00:54:00.820
It was meant to happen, you notice that?

979
00:54:00.820 --> 00:54:02.140
It was meant to happen.

980
00:54:02.140 --> 00:54:03.460
Praise the Lord.

981
00:54:03.460 --> 00:54:05.200
Okay, thank you so much.

982
00:54:06.300 --> 00:54:11.300
Okay, so I'm writing this book, I have this idea,

983
00:54:11.900 --> 00:54:14.220
I'm glad we can just speak a little more freely here.

984
00:54:14.220 --> 00:54:18.100
I think it was from the Lord, anyway.

985
00:54:18.100 --> 00:54:23.100
So I sing and I just had this idea,

986
00:54:23.420 --> 00:54:25.820
okay, sorry, I'm going to jump back and forth now

987
00:54:25.820 --> 00:54:27.780
because I didn't think I'd get on.

988
00:54:29.420 --> 00:54:31.900
My memoirs are about a lot of difficult things

989
00:54:31.900 --> 00:54:34.580
we walked through, a lot of trauma, yada, yada.

990
00:54:34.580 --> 00:54:39.580
And so, I mean, the Lord asked, I'm like,

991
00:54:39.580 --> 00:54:42.480
He asked me to write it because I didn't want to write it.

992
00:54:42.480 --> 00:54:47.480
And so, but I'm on board.

993
00:54:50.460 --> 00:54:53.380
But so I've been told, I've seen, yeah.

994
00:54:53.380 --> 00:54:58.380
So yeah, I'm writing the book, but the singing,

995
00:54:58.540 --> 00:55:00.540
I'm not sure if I'm going to be able to do it.

996
00:55:00.000 --> 00:55:06.400
I he's just done something with my voice like I don't know people like weep and get you know like

997
00:55:00.540 --> 00:55:02.540
I'm not sure if I'm going to be able to do it.

998
00:55:02.540 --> 00:55:04.540
I'm not sure if I'm going to be able to do it.

999
00:55:04.540 --> 00:55:06.540
I'm not sure if I'm going to be able to do it.

1000
00:55:06.400 --> 00:55:13.920
he just he's done something with my voice and so it occurred to me that maybe I could record

1001
00:55:14.560 --> 00:55:22.640
um this is very private I don't know anybody's ever done this but um record uh my voice um

1002
00:55:23.600 --> 00:55:29.840
you know just at home and like and I and I realized the other day what's got to be public

1003
00:55:29.840 --> 00:55:37.520
domain duh and so but I mostly sing hymns I mean not in public but I sing hymns and so I just

1004
00:55:38.240 --> 00:55:45.680
thought I wanted to do literally like a free somehow set up a free download whoever wants to

1005
00:55:45.680 --> 00:55:53.520
access it just to bless people sort of like a first fruits first fruits thing what you're

1006
00:55:53.520 --> 00:55:59.120
talking about songs or you're just talking about talking no I'm talking about songs singing hymns

1007
00:55:59.120 --> 00:56:04.640
so songs are protectable by copyright audio recordings are protectable copyright video

1008
00:56:04.640 --> 00:56:12.160
recordings are protectable by copyright all those are protectable by copyright so you're saying I

1009
00:56:12.160 --> 00:56:16.720
could I could protect I could copyright my stuff is that what you're saying is that what your point

1010
00:56:17.680 --> 00:56:23.840
if you're not reading somebody else's copyrighted work if you're reading somebody else's copyrighted

1011
00:56:23.840 --> 00:56:30.000
work that's copyright infringement yeah no I'm talking only about recording my voice probably

1012
00:56:30.000 --> 00:56:36.480
only my voice I don't know that I even have music and and using public domain music

1013
00:56:37.360 --> 00:56:44.560
sure so you just want to make sure that whatever the the the music that you're working off of

1014
00:56:45.120 --> 00:56:49.440
make sure that's not copyrighted like you know that the copyrights have expired they're old

1015
00:56:49.440 --> 00:56:55.440
they're dead um right otherwise otherwise you run into a problem where you're committing

1016
00:56:55.440 --> 00:57:02.960
copyright infringement so if I right you know I see the latest song by no I understand

1017
00:57:03.920 --> 00:57:11.680
yeah and I start singing that a I scare people away no no anyways um you know a um oh you heard

1018
00:57:11.680 --> 00:57:16.000
the preview okay no no my I'm talking about myself no I'm just kidding I don't know about you

1019
00:57:17.280 --> 00:57:21.120
you know so I just got to make sure that whatever I'm singing is not somebody else's work if I'm

1020
00:57:21.120 --> 00:57:24.960
singing somebody else's work I could be committing copyright infringement because nobody else has

1021
00:57:24.960 --> 00:57:29.200
the right to do that yeah no I mean if I'm singing in my own house that's one thing but if I'm

1022
00:57:29.200 --> 00:57:33.920
recording it and now somebody can you know that there can be some kind of financial gain on that

1023
00:57:33.920 --> 00:57:39.680
or copies of that are being made and you know I could run into problems so right and so I and I

1024
00:57:39.680 --> 00:57:43.760
don't even know I'd want to get the copyright on something because that I if it's if I want it to

1025
00:57:43.760 --> 00:57:49.520
be out there and I want to be able to free to to do whatever I want with it then just staying all

1026
00:57:49.520 --> 00:57:54.720
right is probably safest right I'm actually going to close on this and then tomorrow we'll go to TJ

1027
00:57:54.720 --> 00:58:08.640
first um so people ask me all the time should I protect this like okay copyrights are available

1028
00:58:09.200 --> 00:58:14.240
patents are available trademarks copyrights they're all available that's great should I do this because

1029
00:58:14.240 --> 00:58:18.480
I want the public to actually use it that's what they say they're like I want the public to be

1030
00:58:18.480 --> 00:58:25.440
able to use this well here's the thing if you own it then you can allow the public to use it if you

1031
00:58:25.440 --> 00:58:32.480
don't own it somebody else can come along claim ownership to whatever it is and then stop everybody

1032
00:58:32.480 --> 00:58:39.840
from using something so this is why companies like Google like Microsoft and others will obtain all

1033
00:58:39.840 --> 00:58:45.120
these software patents and then they'll provide them available to others through open source

1034
00:58:45.120 --> 00:58:50.160
let's say look we've got all these patents these are available to you to use any way you want

1035
00:58:51.120 --> 00:58:55.680
okay and you can actually look this up like they do this like people don't realize this companies

1036
00:58:55.680 --> 00:59:01.520
will protect technology and because they're they're so they're so focused on making sure

1037
00:59:01.520 --> 00:59:06.960
the public can use this now there's an ulterior motive that many of them have that many of you

1038
00:59:06.960 --> 00:59:13.120
may not be aware of um because let's say as an example um all right I'm going to give you a

1039
00:59:13.120 --> 00:59:20.000
really simple example okay say as an example I have these this is a phone right this is my um

1040
00:59:20.960 --> 00:59:28.800
my Samsung phone right so I own the patent on this there's three years left okay so now I look like

1041
00:59:28.800 --> 00:59:34.880
a celebrity when I go to you guys and I say guys I'm gonna make this patent available for all of

1042
00:59:34.880 --> 00:59:42.640
you for the next three years you can make these all you want this is public domain and all you

1043
00:59:42.640 --> 00:59:47.920
guys are like oh my gosh Samsung is so sweet they're incredible we love those guys in the

1044
00:59:47.920 --> 00:59:53.520
back end they're creating apps that they're going to charge you for in the back end they're creating

1045
00:59:53.520 --> 00:59:59.680
these packages that are going to hold the phone they're creating all these other things so are

1046
00:59:59.680 --> 01:00:02.320
they being

1047
01:00:00.000 --> 01:00:05.040
nice. Yes, absolutely. But they have other plans. The other

1048
01:00:05.040 --> 01:00:07.280
plans are they have other things that they're selling that are

1049
01:00:07.280 --> 01:00:09.520
going to support the thing that they're giving you to free,

1050
01:00:09.880 --> 01:00:13.280
because this thing is about to expire. So they just opened up

1051
01:00:13.280 --> 01:00:17.160
a whole brand new market by looking like a superstar. You're

1052
01:00:17.160 --> 01:00:21.800
spending just as much money on all the other products. Like

1053
01:00:21.840 --> 01:00:24.040
people don't realize this, like they're, they're not they're not

1054
01:00:24.040 --> 01:00:28.240
dummies. So that that's what basically happens. So in your

1055
01:00:28.240 --> 01:00:31.440
situation, you know, if the question is, well, do I need to

1056
01:00:31.440 --> 01:00:34.480
file copyright? Do I not need to file copyright? If you want to

1057
01:00:34.480 --> 01:00:37.520
stop other people from actually copying your stuff, then you

1058
01:00:37.520 --> 01:00:41.640
should have a copyright. All right. If you want to maintain

1059
01:00:41.640 --> 01:00:45.760
it as free, so anybody can utilize it and not actually grab

1060
01:00:45.760 --> 01:00:49.760
your stuff and then stop others from utilizing it. You can do

1061
01:00:49.760 --> 01:00:51.880
that through a copyright for 65 bucks.

1062
01:00:53.240 --> 01:00:57.280
Yeah. And if it's associated with a with a book, I just have

1063
01:00:57.280 --> 01:01:00.600
to, I guess I've, I don't have to, so there's nothing else I

1064
01:01:00.600 --> 01:01:03.640
would have to worry about, I guess, then, right? Probably.

1065
01:01:05.360 --> 01:01:09.400
The book in and of itself on the copyright law, books are books

1066
01:01:09.400 --> 01:01:11.920
are protectable on the copyright, the images are

1067
01:01:11.920 --> 01:01:15.520
protectable on the copyright. Those are two different filings,

1068
01:01:15.520 --> 01:01:18.360
though, one can be filed for the image, one can be filed for the

1069
01:01:18.360 --> 01:01:24.440
text. Because they're, they're different things. The name, you

1070
01:01:24.440 --> 01:01:26.760
know, it'd have to be a series, then it'd be protectable by

1071
01:01:26.760 --> 01:01:31.160
trademark. But I mean, besides that, you know, if I've got a

1072
01:01:31.160 --> 01:01:35.520
song, and it's an original work, the original song, the lyrics

1073
01:01:35.520 --> 01:01:38.640
are protectable by copyright, the audio recording is

1074
01:01:38.640 --> 01:01:42.440
protectable by copyright. Copyright is so powerful, people

1075
01:01:42.440 --> 01:01:45.920
don't realize that there's so many things that are

1076
01:01:45.920 --> 01:01:49.960
protectable by copyright, they have no idea, there's a lot of

1077
01:01:49.960 --> 01:01:54.440
things that are protectable by copyright. So um, you know, I'm

1078
01:01:54.440 --> 01:01:56.880
not and just to be clear, so everybody hears me here, I'm not

1079
01:01:56.880 --> 01:01:59.280
telling you spend a ton of money on protecting everything. That's

1080
01:01:59.280 --> 01:02:03.200
not what I'm saying. I'm saying figure out out of your list.

1081
01:02:03.600 --> 01:02:06.800
After you've given your thanks, figure out on your list, which

1082
01:02:06.800 --> 01:02:10.160
things are important, and which things do I go after first, and

1083
01:02:10.160 --> 01:02:13.040
then you can figure out your budgets and you know, take care

1084
01:02:13.040 --> 01:02:17.080
of them. All right. And with that, my friend, you're so

1085
01:02:17.080 --> 01:02:22.240
welcome. I am going to close here for today. Tomorrow, we

1086
01:02:22.240 --> 01:02:27.200
start out with TJ, who will be done with that cigar. You know,

1087
01:02:27.200 --> 01:02:32.880
is it you're not going to be done by then? No, no. That's so

1088
01:02:32.880 --> 01:02:37.280
good. And so yeah, hopefully this is helping all of you.

1089
01:02:37.280 --> 01:02:41.200
We're, we're digging very deep in VIP. I hope you guys see

1090
01:02:41.200 --> 01:02:43.680
that, like we're going through a lot of input, real life

1091
01:02:43.680 --> 01:02:47.800
implementation. And hopefully this is helping all of you out.

1092
01:02:48.280 --> 01:02:51.840
So do me a favor, go live in the Facebook group, kind of touch

1093
01:02:51.840 --> 01:02:54.720
base, let people know, hey, in VIP, we're covering this, we're

1094
01:02:54.720 --> 01:02:57.760
covering that. So they get a good idea of what goes on in

1095
01:02:57.760 --> 01:03:02.640
there. Because typically, we get about 50-60% of the people will

1096
01:03:02.640 --> 01:03:07.480
jump into VIP. This time we had around 50%. But what I find is a

1097
01:03:07.480 --> 01:03:10.280
lot of people who are in the normal challenge, they don't

1098
01:03:10.280 --> 01:03:13.560
find out about the advantages of VIP until like day four, day

1099
01:03:13.560 --> 01:03:18.800
five. And then they they get really depressed. Larissa is

1100
01:03:18.840 --> 01:03:22.760
I see this like they get really depressed. Like no, like, I

1101
01:03:22.760 --> 01:03:26.240
wanted to do VIP. I just didn't understand it. So if you guys go

1102
01:03:26.240 --> 01:03:29.680
live and you explain your experience in VIP, then we can

1103
01:03:29.680 --> 01:03:33.360
take those videos so they can understand it beforehand. And we

1104
01:03:33.360 --> 01:03:38.840
will stop depression. We will make their lives easier because

1105
01:03:38.840 --> 01:03:42.480
they'll understand what happens here. Because they they usually

1106
01:03:42.480 --> 01:03:46.680
find out around day three, day four. And then they're like, I

1107
01:03:46.680 --> 01:03:49.760
wanted to do that. When can I do it? I'm like, in three months.

1108
01:03:49.760 --> 01:03:52.680
They're like, No, I have a company. I want to do it now.

1109
01:03:52.680 --> 01:03:58.120
Well, it's $600 an hour. No. So yeah. So anyways, bless you

1110
01:03:58.120 --> 01:04:00.680
guys. You guys are amazing. I really enjoyed doing this with

1111
01:04:00.680 --> 01:04:01.880
you. Larissa. Yes.

1112
01:04:02.280 --> 01:04:08.640
Um, tomorrow, I Teresa just asked a question about why it's

1113
01:04:08.640 --> 01:04:12.320
important on either copyrights or trademarks to still get a

1114
01:04:12.320 --> 01:04:14.320
lawyer. Like I know,

1115
01:04:14.360 --> 01:04:15.560
we can touch base tomorrow.

1116
01:04:15.720 --> 01:04:19.160
Yep, that's fine. We're gonna close close today. Perfect.

1117
01:04:19.160 --> 01:04:22.000
Perfect. Perfect. Yeah, we can actually start out with that.

1118
01:04:22.000 --> 01:04:27.720
Matter of fact, I'm just facing is open here. Okay, yeah. Yeah.

1119
01:04:27.720 --> 01:04:31.160
So we can we can actually open up with that Teresa tomorrow.

1120
01:04:31.680 --> 01:04:36.880
You know what, I actually like to bring that into the main

1121
01:04:36.880 --> 01:04:40.920
group, because that's actually a really good question. So maybe

1122
01:04:40.920 --> 01:04:45.720
tomorrow, I'll start out by, you know, if you're okay with,

1123
01:04:45.720 --> 01:04:47.840
I can highlight you. And you can ask that question. And I can

1124
01:04:47.880 --> 01:04:50.560
answer that question. Otherwise, you know, I can just answer it

1125
01:04:50.560 --> 01:04:54.760
on myself. All right. May we see things related to provisional

1126
01:04:54.760 --> 01:04:59.080
application tomorrow? related to provisional application?

1127
01:05:00.000 --> 01:05:02.140
What do you mean by related, Axel?

1128
01:05:05.000 --> 01:05:07.000
I mean, just things, for example,

1129
01:05:07.000 --> 01:05:12.000
that are related to patents or provision.

1130
01:05:12.000 --> 01:05:15.000
You mean like examples of patents?

1131
01:05:15.000 --> 01:05:18.080
Yes, because I know that, as you said,

1132
01:05:18.080 --> 01:05:20.360
there's a difference between a full patent,

1133
01:05:20.360 --> 01:05:23.120
I mean, an actual patent, and a provision application.

1134
01:05:23.120 --> 01:05:27.360
So in the process, if I would like to apply

1135
01:05:27.360 --> 01:05:32.360
or file a provision application, I will need to know,

1136
01:05:32.800 --> 01:05:36.280
I mean, it's a need to know how, or, I mean, strategies,

1137
01:05:36.280 --> 01:05:41.280
because if this provision application will be used next

1138
01:05:42.080 --> 01:05:46.300
for the, I mean, in the future for the actual patent,

1139
01:05:47.300 --> 01:05:51.040
there are certain things that, for sure, I need to,

1140
01:05:51.040 --> 01:05:54.440
I mean, that should be taken into account.

1141
01:05:54.440 --> 01:05:57.000
Yeah, that's the kind of stuff that we go into

1142
01:05:57.640 --> 01:05:58.480
in the portal.

1143
01:05:58.480 --> 01:06:01.120
That's that day-to-day grind that we do.

1144
01:06:01.120 --> 01:06:04.920
We spend like an hour and a half digging into fine details

1145
01:06:04.920 --> 01:06:08.320
of exactly, you know, in a provisional patent application,

1146
01:06:08.320 --> 01:06:10.600
in this part of the provisional patent application,

1147
01:06:10.600 --> 01:06:11.880
can you copy and paste that

1148
01:06:11.880 --> 01:06:14.120
into the utility patent application?

1149
01:06:14.120 --> 01:06:16.020
The drawings that are provided there,

1150
01:06:16.020 --> 01:06:18.400
do you need to do this with the drawings or the claims?

1151
01:06:18.400 --> 01:06:20.320
You need a claim in a provisional,

1152
01:06:20.320 --> 01:06:22.840
like even to the point of like in the background,

1153
01:06:22.840 --> 01:06:24.920
when you talk about what's called prior art,

1154
01:06:24.920 --> 01:06:26.640
do you put that in the background section

1155
01:06:27.280 --> 01:06:28.120
or do you put it in the summary section

1156
01:06:28.120 --> 01:06:30.120
or the detailed description section?

1157
01:06:30.120 --> 01:06:32.200
Because if you put it in the detailed description section,

1158
01:06:32.200 --> 01:06:34.480
then you're admitting that there's prior art

1159
01:06:34.480 --> 01:06:36.420
that can be used against you in a court of law.

1160
01:06:36.420 --> 01:06:40.000
Like we go into so much stuff.

1161
01:06:40.000 --> 01:06:43.560
People don't really realize that that protection portal is,

1162
01:06:44.680 --> 01:06:49.040
it's a year long process so that all the stuff

1163
01:06:49.040 --> 01:06:50.840
that you guys have learned over five days,

1164
01:06:50.840 --> 01:06:53.240
we would take like several sessions

1165
01:06:53.280 --> 01:06:56.880
to kind of slowly dig into that,

1166
01:06:56.880 --> 01:07:00.220
to make sure everybody gets everything piece by piece.

1167
01:07:00.220 --> 01:07:04.320
It's nonstop questions, it's interactive the entire time

1168
01:07:05.440 --> 01:07:09.800
and people just, their companies grow very fast through that.

1169
01:07:09.800 --> 01:07:11.800
So that's the kind of question that we would answer

1170
01:07:11.800 --> 01:07:12.840
in the protection portal.

1171
01:07:12.840 --> 01:07:14.640
Yes, Larissa.

1172
01:07:14.640 --> 01:07:16.120
And we have a Facebook group.

1173
01:07:16.120 --> 01:07:19.480
So like we help each other in a protection portal,

1174
01:07:19.480 --> 01:07:21.180
the comments and all that.

1175
01:07:21.180 --> 01:07:24.020
Right, the protection, pretty much the majority

1176
01:07:24.020 --> 01:07:25.760
of the people that go into the protection portal

1177
01:07:25.760 --> 01:07:29.940
come out of VIP because what happens is

1178
01:07:29.940 --> 01:07:33.420
the VIP experience essentially is like protection portal

1179
01:07:33.420 --> 01:07:35.540
on adrenaline.

1180
01:07:35.540 --> 01:07:37.260
Like it's because there's so much stuff

1181
01:07:37.260 --> 01:07:40.620
that's going on so fast, but we take more time,

1182
01:07:40.620 --> 01:07:44.340
we provide more documents, more feedback.

1183
01:07:44.340 --> 01:07:45.900
There's like follow-ups,

1184
01:07:45.900 --> 01:07:47.900
the people interact with each other,

1185
01:07:47.900 --> 01:07:49.960
they share their own resources.

1186
01:07:49.960 --> 01:07:52.720
It's basically like a powerhouse network

1187
01:07:52.720 --> 01:07:55.520
of like people that become elite in this.

1188
01:07:55.520 --> 01:07:58.920
Like Karen Hudson's in there, John Umstead's in there,

1189
01:07:58.920 --> 01:08:00.280
Rowena's in there.

1190
01:08:01.240 --> 01:08:04.520
We've got business owners that are in there as well.

1191
01:08:04.520 --> 01:08:05.980
And then we've got startups,

1192
01:08:05.980 --> 01:08:07.960
people that are just starting out in coaching

1193
01:08:07.960 --> 01:08:10.200
that are there where the more senior coaches

1194
01:08:10.200 --> 01:08:11.280
are helping them out.

1195
01:08:11.280 --> 01:08:14.040
So it's a very powerful network.

1196
01:08:14.040 --> 01:08:16.760
It's very humbling to be involved in that quite frankly,

1197
01:08:16.760 --> 01:08:20.920
because these guys are just incredibly smart.

1198
01:08:20.920 --> 01:08:23.279
And so they help each other.

1199
01:08:23.279 --> 01:08:27.040
So also from what I understood in this challenge,

1200
01:08:27.040 --> 01:08:32.040
I understood that there was going to be like

1201
01:08:32.960 --> 01:08:37.960
you showing how to search for prior art in patent.

1202
01:08:39.160 --> 01:08:41.120
Oh yeah, that was I understood.

1203
01:08:41.120 --> 01:08:44.439
Yeah, we still have one whole day to go.

1204
01:08:44.439 --> 01:08:45.319
Okay, thank you.

1205
01:08:45.319 --> 01:08:47.880
Yeah, we're doing patent searching tomorrow.

1206
01:08:47.880 --> 01:08:48.720
Thank you.

1207
01:08:48.720 --> 01:08:50.720
And let's see, tomorrow,

1208
01:08:50.720 --> 01:08:52.840
we're gonna go through that scenario again,

1209
01:08:52.840 --> 01:08:56.120
and then kind of bring it all together as one.

1210
01:08:56.120 --> 01:08:58.960
So I'm gonna show everybody how to use the USPTO website

1211
01:08:58.960 --> 01:09:01.040
to do a patent search.

1212
01:09:01.040 --> 01:09:03.479
There's a tricky part to it that it involved,

1213
01:09:03.479 --> 01:09:06.160
that's why I keep that day for that.

1214
01:09:06.160 --> 01:09:09.000
But it also goes into the incorporation of copyright law

1215
01:09:09.000 --> 01:09:11.680
and trademark law and patents, I bring it all together.

1216
01:09:11.680 --> 01:09:14.319
So, all right, my friends, I am going to jump,

1217
01:09:14.319 --> 01:09:15.160
oh, what does that say?

1218
01:09:15.160 --> 01:09:17.080
How long is the Facebook page,

1219
01:09:17.080 --> 01:09:19.720
the challenge open for us to access?

1220
01:09:19.720 --> 01:09:23.319
Okay, Tracy just asked a really good question.

1221
01:09:23.319 --> 01:09:27.840
Okay, so this is the way it works.

1222
01:09:27.840 --> 01:09:32.120
The people that are in a challenge get it for 30 days,

1223
01:09:32.120 --> 01:09:34.439
you get it for 90 days, right?

1224
01:09:34.439 --> 01:09:37.040
And then what happens is after that 90 days,

1225
01:09:37.040 --> 01:09:38.080
the people are moved,

1226
01:09:38.080 --> 01:09:40.840
if they go into the protection portal, they stay,

1227
01:09:40.840 --> 01:09:42.240
like they can do whatever they want,

1228
01:09:42.240 --> 01:09:44.120
but they move into,

1229
01:09:44.920 --> 01:09:47.520
I put the people into what's called an alumni group, right?

1230
01:09:47.520 --> 01:09:48.800
And the alumni group,

1231
01:09:50.479 --> 01:09:53.040
like people can interact with each other,

1232
01:09:53.040 --> 01:09:55.520
but the people that go into the protection portal

1233
01:09:55.520 --> 01:09:57.960
have access to everything for a full year.

1234
01:09:57.960 --> 01:10:00.200
So all of your videos, your challenge videos.

1235
01:10:00.000 --> 01:10:04.920
all of your VIP videos, access for the full year.

1236
01:10:04.920 --> 01:10:07.040
Now, what some people have been doing

1237
01:10:07.040 --> 01:10:10.160
when I first started this, they reached out and they said,

1238
01:10:10.160 --> 01:10:13.360
I don't wanna stop having access to my stuff, I need it.

1239
01:10:13.360 --> 01:10:15.520
And so they say, can I get lifetime membership?

1240
01:10:15.520 --> 01:10:17.720
So that's something that I told people about after,

1241
01:10:17.720 --> 01:10:20.480
but step one is jumping into the portal

1242
01:10:20.480 --> 01:10:23.520
because the portal is where all the resources are

1243
01:10:24.560 --> 01:10:27.560
and there's other options that are available in there.

1244
01:10:27.560 --> 01:10:30.920
So let's see, I know I need this

1245
01:10:30.920 --> 01:10:32.520
for women I'll be working with.

1246
01:10:32.520 --> 01:10:36.920
Yeah, yeah, it's a lot of people that go into the portal

1247
01:10:36.920 --> 01:10:39.440
also are speaking into the lives of others.

1248
01:10:39.440 --> 01:10:42.800
And so they use all these resources to help other people.

1249
01:10:42.800 --> 01:10:46.200
So they just, they kind of, what happens is

1250
01:10:46.200 --> 01:10:48.040
you'll get a Karen Hudson who comes in

1251
01:10:48.040 --> 01:10:51.560
or a Kristen who comes in and says,

1252
01:10:51.560 --> 01:10:53.560
I was coaching the last month,

1253
01:10:53.560 --> 01:10:55.720
these are the questions I ran into.

1254
01:10:55.720 --> 01:10:56.960
What do I do in this situation?

1255
01:10:57.720 --> 01:11:01.800
Like Kristen will send me like eight questions

1256
01:11:01.800 --> 01:11:03.640
and they're very detailed.

1257
01:11:03.640 --> 01:11:05.800
And I go, these are for your clients, aren't these?

1258
01:11:05.800 --> 01:11:06.920
She says, yes, they are.

1259
01:11:06.920 --> 01:11:08.680
And I said, that's fine, bring them in.

1260
01:11:08.680 --> 01:11:12.080
Because what happens is as I'm reviewing them for you,

1261
01:11:12.080 --> 01:11:13.960
somebody else is gonna learn.

1262
01:11:13.960 --> 01:11:16.880
So I have no problem answering the questions that you have

1263
01:11:16.880 --> 01:11:18.880
and the questions that are for your people

1264
01:11:18.880 --> 01:11:21.800
because as I'm answering a question for Cecil,

1265
01:11:21.800 --> 01:11:23.600
Samuel's gonna learn something

1266
01:11:23.600 --> 01:11:25.000
and then Samuel's gonna help somebody

1267
01:11:25.000 --> 01:11:26.240
and Samuel's gonna ask the question

1268
01:11:26.520 --> 01:11:29.560
and Axel's gonna go, oh, I didn't even know that.

1269
01:11:29.560 --> 01:11:31.040
Or we'll have what happened tonight

1270
01:11:31.040 --> 01:11:35.040
where we had Connie had a question,

1271
01:11:35.040 --> 01:11:37.280
but as I was answering the question for somebody else,

1272
01:11:37.280 --> 01:11:39.440
Connie's like, they just answered my question.

1273
01:11:39.440 --> 01:11:41.240
And that's what happens in that group

1274
01:11:41.240 --> 01:11:43.840
is everybody gets leveled up.

1275
01:11:43.840 --> 01:11:46.200
I call them armored up entrepreneurs.

1276
01:11:46.200 --> 01:11:48.200
That's what I call them because they're just,

1277
01:11:48.200 --> 01:11:49.360
it's a whole other level.

1278
01:11:49.360 --> 01:11:51.680
These people are totally armored up,

1279
01:11:51.680 --> 01:11:54.440
but they bring the questions for their communities in.

1280
01:11:55.360 --> 01:11:57.840
And then now all of a sudden like Anne McDonald,

1281
01:11:57.840 --> 01:11:59.200
Anne McDonald is a coach

1282
01:11:59.200 --> 01:12:01.720
and she's also ridiculously brilliant

1283
01:12:01.720 --> 01:12:04.800
and a large number of high ticket things.

1284
01:12:04.800 --> 01:12:06.720
So she'll call me up and say,

1285
01:12:06.720 --> 01:12:08.920
hey, I got a client that's got this.

1286
01:12:08.920 --> 01:12:10.480
What would you do?

1287
01:12:10.480 --> 01:12:13.280
And I'll tell her, well, this is not legal advice.

1288
01:12:13.280 --> 01:12:14.840
And then she'd drink.

1289
01:12:14.840 --> 01:12:18.480
And then that's what happens every time.

1290
01:12:18.480 --> 01:12:20.760
Then she'd drink and then I answer her question

1291
01:12:20.760 --> 01:12:24.440
because, I mean, I just provide it as a courtesy

1292
01:12:24.440 --> 01:12:26.360
for, you know, to honor you guys

1293
01:12:26.360 --> 01:12:29.920
because you guys have a calling on your own lives.

1294
01:12:29.920 --> 01:12:33.360
Like you're speaking into the lives of many other people.

1295
01:12:33.360 --> 01:12:36.200
And if you're doing songwriting, book writing,

1296
01:12:36.200 --> 01:12:38.000
you know, patents, whatever it is,

1297
01:12:38.000 --> 01:12:40.520
you're gonna be stewarding other people.

1298
01:12:40.520 --> 01:12:42.240
So if I can steward you well,

1299
01:12:42.240 --> 01:12:44.640
that means you're gonna be stewarding them well.

1300
01:12:44.640 --> 01:12:46.560
So we're helping thousands of people

1301
01:12:46.560 --> 01:12:49.080
through the hundreds of people that are coming through.

1302
01:12:49.080 --> 01:12:51.560
And that'll grow to thousands to tens of thousands

1303
01:12:51.560 --> 01:12:53.600
and then tens of thousands to millions.

1304
01:12:53.600 --> 01:12:56.160
And that's the hope is to transform the legal profession

1305
01:12:56.160 --> 01:12:58.160
so people are not so intimidated

1306
01:12:58.160 --> 01:13:01.360
that they intentionally do not learn anything.

1307
01:13:01.360 --> 01:13:04.200
That's my hope is to transform the legal profession

1308
01:13:04.200 --> 01:13:07.400
by training all of you in parts of what I know

1309
01:13:07.400 --> 01:13:09.600
so that you become more effective, right?

1310
01:13:09.600 --> 01:13:11.560
And with that, I'm gonna jump off.

1311
01:13:11.560 --> 01:13:14.360
If you have questions about the Protection Portal,

1312
01:13:14.360 --> 01:13:15.720
let me know.

1313
01:13:15.720 --> 01:13:18.400
Again, this opportunity does not exist.

1314
01:13:18.680 --> 01:13:20.440
I don't need to be doing this.

1315
01:13:20.440 --> 01:13:22.640
I could just bill 600 bucks an hour.

1316
01:13:22.640 --> 01:13:25.320
I'm doing this because you guys are growing.

1317
01:13:25.320 --> 01:13:26.280
You need the help.

1318
01:13:26.280 --> 01:13:27.600
You need the support.

1319
01:13:27.600 --> 01:13:28.720
I've seen it.

1320
01:13:28.720 --> 01:13:30.280
Because you're gonna call me and you're gonna say,

1321
01:13:30.280 --> 01:13:31.320
here's my situation.

1322
01:13:31.320 --> 01:13:33.880
And at that point, it's 600 an hour.

1323
01:13:33.880 --> 01:13:36.200
So there is no legal advice there.

1324
01:13:37.200 --> 01:13:38.120
Just to be clear,

1325
01:13:38.120 --> 01:13:40.520
I'm not gonna tell you exactly what to do in your scenario.

1326
01:13:40.520 --> 01:13:41.880
That's not gonna happen.

1327
01:13:41.880 --> 01:13:43.240
That, you need a lawyer.

1328
01:13:43.240 --> 01:13:44.520
That, you'd have to hire me for.

1329
01:13:44.520 --> 01:13:46.040
That's different.

1330
01:13:46.040 --> 01:13:47.680
But I give so much guidance.

1331
01:13:47.840 --> 01:13:48.680
What we've been doing

1332
01:13:48.680 --> 01:13:51.280
so you can understand what to do in your scenario.

1333
01:13:51.280 --> 01:13:53.200
And with that, I'm gonna jump off.

1334
01:13:54.360 --> 01:13:55.880
And Larissa, I'll leave it.

1335
01:13:55.880 --> 01:13:56.840
Are you still here?

1336
01:13:56.840 --> 01:13:57.680
I'm here.

1337
01:13:57.680 --> 01:13:58.840
You are, there you are.

1338
01:13:58.840 --> 01:13:59.840
And I'll leave it to you.

1339
01:13:59.840 --> 01:14:00.680
Bless you guys.

1340
01:14:00.680 --> 01:14:02.080
You're amazing.

1341
01:14:02.080 --> 01:14:03.960
You are learning so much.

1342
01:14:03.960 --> 01:14:07.320
You'll see an email went out to you.

1343
01:14:07.320 --> 01:14:08.480
I love you too, Teresa.

1344
01:14:08.480 --> 01:14:09.440
You're awesome.

1345
01:14:09.440 --> 01:14:10.280
Love you too.

1346
01:14:12.000 --> 01:14:14.720
You'll see you got an email that has a review.

1347
01:14:14.720 --> 01:14:16.360
It's a review form.

1348
01:14:16.360 --> 01:14:19.720
You don't need to use that until like day five

1349
01:14:19.720 --> 01:14:20.640
when we're done.

1350
01:14:20.640 --> 01:14:24.720
And tomorrow I'm going to reveal another surprise

1351
01:14:24.720 --> 01:14:25.840
that I'm giving you.

1352
01:14:25.840 --> 01:14:26.880
All right.

1353
01:14:26.880 --> 01:14:28.160
It's gonna be short.

1354
01:14:29.000 --> 01:14:31.640
It's gonna be on Saturday if you want it.

1355
01:14:31.640 --> 01:14:32.480
Okay.

1356
01:14:32.480 --> 01:14:33.960
But, well, you guys are VIP.

1357
01:14:33.960 --> 01:14:35.480
I'll give you guys a preview.

1358
01:14:35.480 --> 01:14:36.320
I'm gonna train you

1359
01:14:36.320 --> 01:14:39.040
on how to do trademark searches for logos.

1360
01:14:40.200 --> 01:14:41.240
Okay.

1361
01:14:41.240 --> 01:14:43.400
A lot of people have no idea.

1362
01:14:43.400 --> 01:14:45.040
They're like, how do you search?

1363
01:14:45.040 --> 01:14:46.480
How do you search a picture?

1364
01:14:47.840 --> 01:14:49.400
People have no clue.

1365
01:14:49.400 --> 01:14:51.120
And so I'm gonna do a quick training

1366
01:14:51.120 --> 01:14:54.840
for a half hour on Saturday,

1367
01:14:54.840 --> 01:14:59.200
at same time, 12 o'clock Eastern.

1368
01:14:59.200 --> 01:15:00.200
We'll actually put.

1369
01:15:00.000 --> 01:15:02.680
something up tomorrow so people know about it.

1370
01:15:04.160 --> 01:15:06.160
I'm just throwing this in for you

1371
01:15:06.160 --> 01:15:09.600
because I really feel like if you're trying to,

1372
01:15:09.600 --> 01:15:10.760
if you come up with a new logo

1373
01:15:10.760 --> 01:15:11.720
and you don't know how to search it,

1374
01:15:11.720 --> 01:15:12.800
you can run into problems too.

1375
01:15:12.800 --> 01:15:14.920
So I'll show you how to do a search there too.

1376
01:15:14.920 --> 01:15:15.760
All right?

1377
01:15:16.800 --> 01:15:17.640
All right, my friends.

1378
01:15:17.640 --> 01:15:18.460
I'm gonna let you go.

1379
01:15:18.460 --> 01:15:19.560
I'm really leaving now.

1380
01:15:19.560 --> 01:15:21.240
I'm really leaving.

1381
01:15:21.240 --> 01:15:22.920
I'm really, I'm really leaving.

1382
01:15:22.920 --> 01:15:24.520
What are like six goodbyes?

1383
01:15:24.520 --> 01:15:25.960
Like the end of Ferris Bueller.

1384
01:15:25.960 --> 01:15:26.800
Are you still here?

1385
01:15:26.800 --> 01:15:27.620
It is.

1386
01:15:27.620 --> 01:15:28.460
Oh, good.

1387
01:15:29.280 --> 01:15:30.120
I bless you guys.

1388
01:15:30.120 --> 01:15:31.880
I'll leave the rest to doing what she does.

1389
01:15:31.880 --> 01:15:32.720
Take care.

1390
01:15:32.720 --> 01:15:33.560
God bless you.

1391
01:15:33.560 --> 01:15:34.380
Thank you.

1392
01:15:34.380 --> 01:15:35.220
God bless you too.

1393
01:15:35.220 --> 01:15:37.220
Oh, bless you all VIPers.