WEBVTT

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Okay. So this is November 2022. Welcome, Protection Portal members. Oh, actually, some of you

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have been here since the beginning. So you're going to be getting a special communication

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from me to give you an offer for a certain thing for all of you guys who have been here

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since the very beginning. And matter of fact, let me talk about some administrative stuff

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first, then we'll jump into the legal stuff. All right, so first, let me explain to you

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what I'm what the offer is that I'm doing tomorrow. And the reason why I'm explaining

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this to you is for multiple reasons. One is because I want to give a courtesy to all of

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you because it wasn't available for you. So I want to let you know what's going to happen.

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And then obviously, you have the option to jump in, but I'm giving it to you guys at

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a way discounted rate because you guys are like the foundation members. And so, you know,

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I just feel like you always try to honor the people that have been with you the longest,

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you know, so I think that's just a good way to do things. So with that being the case,

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the offer that I'm dropping tomorrow includes the following. It's a short two to three hour

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IP audit. That's the first part. Okay. So the IP audit is where I sit down with the people for

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two to three hours, talk about everything that they have, every scenario that they can think

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about, you know, all the assets that they think they have. Yep, individually. That's correct.

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It's not not as a group. It's one on one, which is honestly what people keep asking for anyway.

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So that's, you have one on one time, we sit down for two, three hours. And we look at all the stuff

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that you have. You explained to me your scenarios, you explained to me what you want to do in the

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future, what you're currently doing, partnerships that you have with other people, where you want

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your company to be all that stuff over like a two, maybe a two to two and a half hour time period.

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Max, that's the maximum amount, okay. Because I'm discounting this so much, it's, I've got to make

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it so that I actually work for the people that want to take it. After that, I will provide you

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with a strategic plan. The strategic plan will lay out out of our after our conversation where

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you've disclosed all the things that seem to be protectable, which things seem to be

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already where you already have certain rights to like under common law rights, and which things

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are things that you may have to file for. So you may have to file for trademark on this or

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copyright on that or patent on that. And it kind of lays out what what I would do,

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meaning time wise, based on our conversation, and based on what you've said is important to you.

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And my knowledge of the law of patents, trademarks, copyrights, trade secrets in many countries,

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I give you a strategic plan that is based on what you currently have, what you could own,

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and the sequence that I would do it in. Now, that doesn't necessarily mean you have to follow that

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sequence, it just means now you have a laid out for you. Okay, that's part one. Part two in the

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offer is there is a trademark search that is performed for you a professional search by me,

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plus a trademark application by me. Okay, so and that all happens in my new law firm. Okay,

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not my old firm. Okay. So now you fall under, as you can imagine, you're gonna have to sign an

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engagement agreement with the law firm. So this isn't like, you know, we just kind of jump in

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because 80 challenges can't do legal work, or do my law firm can do legal work. So you'll get an

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engagement agreement, you have to sign off on the engagement agreement. And then with the signing

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off on the engagement agreement, then I can do the IP audit. And then I can do the the actual

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give you the the layout of what I would do first, second, third, and then after that,

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the trademark search and application. Now the people that jump in within 48 hours,

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will receive a free bonus. And that free bonus is that they will be allowed into the protection

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portal. Now, why? Well, it's called a free bonus. Obviously, we all know that there's,

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it's the protection portal has its own value. Obviously, if you if you right now try to get

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into the protection portal is $29.95. Okay, and people that are trying to get into protection

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portal are not allowed in because I tell them they have to be in the challenge first.

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Because I'm not letting people in. It's just I've had the request from coaches from other people,

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I said

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If your people go through the challenge first,

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then they can be considered for the protection portal.

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I'm not letting just anybody into the portal either.

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Like I'm looking to see who the people are.

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Are they ready?

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Are they troublemakers?

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Are they very negative about everything in life?

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If they are, they're not coming.

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It's like, we've got something

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that is really working very well

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and I want to keep it that way.

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And so we reserved the rights to, you know,

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and honestly the foundational members

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also have a lot of feedback too.

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Cause you know, if Jennifer calls me up and says,

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you know, Bill is a real pain in the butt.

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He's going to destroy absolutely everything

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that's being built here.

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I'm going to listen to Jennifer

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and I'm going to interview Bill.

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You know, I'm going to talk a little bit

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and make sure that this is going to work

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because we're moving, like we're moving up.

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So there's a lot of things that are happening.

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I want to make sure that you guys are well taken care of.

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So with that being the case,

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that offer is $54.95.

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It includes an audit,

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includes a strategic plan,

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includes a professional search, trademark application.

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That includes the United States Patent

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and Trademark Office fees.

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The official fees are not separate.

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It's all included in there.

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All official fees are included.

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All third party fees are included.

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Everything's in that price.

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Okay.

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So that's the offer that I'm dropping tomorrow.

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Now, if people do not grab that offer within 48 hours,

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it's gone.

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There's no recovery period.

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It's gone.

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So what happens instead is that they can then,

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if they want, join the protection portal alone.

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But the cost for the protection portal alone is $29.95.

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All right.

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I'm still thinking,

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I'm wondering if I'll keep it at $24.95 this first time.

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I'll have to think about that.

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I have to tonight to make up my mind.

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So I may keep it at $24.95 just for this one time.

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So that's the offer that's coming out.

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So then the question becomes,

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well, what about the people

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that are in the portal already?

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Like, what if they want to do an audit

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and they want to do a trademark search and application?

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What do you do for them?

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So you guys are going to be getting an announcement

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this week with a special offer

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that is not available to people who are not in the portal.

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So I can't tell you guys what the offer is

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until I'm done with the other offer, quite frankly,

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because if the other people find out,

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they're going to go, well, I want that price.

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It's like, well, you can't get that price.

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You're not in the portal.

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It's not available for you.

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So it's severely discounted from what I just told you,

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like way down.

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Okay.

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So I'll make it so that you guys can have the one-on-one time.

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This is not group.

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This is one-on-one time.

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And it's actual legal advice.

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It's not like, this is not legal advice.

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It's not that.

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Water.

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Where's your water?

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So it's not that it's not legal advice.

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This is legal advice.

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We're going into actual legal advice on your companies,

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your guidance, your strategic plans,

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and making sure you're in the right place.

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Now, if you have like a big corporation,

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you're not going to be able to take advantage of this

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because you're not going to be done in two to three hours.

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So you can't be, just to be clear,

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you can't be a Steven Diaz and say, oh my gosh, I'm in.

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Like you can't do that.

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You can't be a Pedro Adeo.

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Like you can't take this offer.

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So Pedro, if you see this,

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cause Pedro actually had something to do

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with this offer too.

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We actually had a call on something and he says,

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why don't you do this?

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And I said, that's a really good idea.

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And so he actually knows about this offer.

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He's like, that's a really good offer.

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I said, yeah, you can't take it.

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It's not available for you.

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Your company's too big.

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You can't do that.

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So, but God bless him.

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He's wonderful.

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So that's the offer.

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You guys will get a separate thing coming to you.

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Okay.

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There you go.

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You got your water.

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All right.

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So with that, let me touch base on the first thing.

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If you see people.

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Hi Lynn.

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Lynn's here.

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Hi.

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Hi, how are you?

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I'm good.

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I just raced in from the pharmacy.

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So I'm just, I didn't know if you started an hour ago

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or just now.

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Oh, it's perfect.

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Perfect timing.

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We're jumping in deep now.

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Thank you, Peter.

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You're so welcome.

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It was good seeing you at the 100x conference too.

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Yeah, it was awesome.

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It was, it was.

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All right.

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So what happens if you have your own IP

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and somebody else is using it?

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That's what I want to touch base on now.

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Okay.

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Because unfortunately many people

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are just going to run into this.

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A lot of you probably already are running into this

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and it's frustrating.

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And so let me just talk a little bit about.

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how to handle this situation, okay?

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The first thing I would do, honestly,

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is I would do your research first.

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I wouldn't jump out there

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and start sending nasty grams to other people.

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There's a thing called a declaratory judgment action

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that can be filed against you

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if another party feels that they're in the imminent threat

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of being sued.

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If they believe in their heart of hearts

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that they are going to be sued by you,

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they can preemptively strike.

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This is dangerous, guys.

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This is dangerous territory.

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So don't just like randomly send a letter over to Dan.

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Dan, I'm gonna sue you for stealing my incredible

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blah, blah, blah, you know, that painting is mine,

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you know, don't.

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I would do some investigation first.

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I would hire an attorney, honestly.

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I mean, this is one of the areas

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where you don't wanna mess around.

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Okay, let me explain to you a few reasons why.

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Number one, I've had situations

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where I've had clients come out to me and say to me,

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I wanna send a cease and desist letter.

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Does everybody know what a cease and desist letter is,

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by the way?

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Does anybody not know what a cease and desist letter is?

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It's okay if you don't.

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Everybody, okay, cool.

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All right, so a cease and desist letter

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basically is a letter that you're sending over

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to somebody saying, hey, cease, desist, you know,

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it's basically saying, this is who I am.

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I'll give you the basic structure

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of a cease and desist letter.

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This is who I am.

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This is what I have and own.

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So this is who I am.

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Part two is this is what I have and own.

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Part three is this is what I see you doing.

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And then part four is your summary statement,

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which is basically what you want, okay?

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That last part, parts three and four

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is where everybody gets in trouble

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because they come out with guns blazing saying,

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you stole this painting from my 100X conference.

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And so, Lynn, I'm just playing, just saying.

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So, you know, you stole this painting

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from my 100X conference and, you know,

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you're not allowed to do that

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and you need to stop immediately.

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If you don't stop immediately, I'm gonna sue you, right?

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Now.

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Peter, is this being recorded?

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This is being recorded right now.

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This is, I'm making this up.

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This hasn't happened.

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I'm just making this up.

251
00:12:37.880 --> 00:12:39.920
Oh, I know, but I'm mostly wanting to know

252
00:12:39.920 --> 00:12:43.120
because I can tell I'm gonna wanna re-watch this.

253
00:12:43.120 --> 00:12:44.480
Oh, yes, it's being recorded.

254
00:12:44.480 --> 00:12:45.560
You can re-watch it.

255
00:12:45.560 --> 00:12:47.080
Okay, great, thank you.

256
00:12:47.080 --> 00:12:48.520
Sure, absolutely.

257
00:12:48.520 --> 00:12:51.520
Okay, so the different parts, I'll go through it again.

258
00:12:51.520 --> 00:12:53.800
Yeah, part one, who am I?

259
00:12:54.960 --> 00:12:55.800
Who am I?

260
00:12:57.000 --> 00:12:58.560
That's part one, okay?

261
00:12:58.560 --> 00:13:03.560
Part two, after you say, who am I?

262
00:13:03.600 --> 00:13:05.880
You say, what I own.

263
00:13:05.880 --> 00:13:07.840
Part two is what I own, okay?

264
00:13:08.800 --> 00:13:12.800
Now, why do you not say who am I and then who they are?

265
00:13:12.800 --> 00:13:14.600
Because you don't wanna come out there and say,

266
00:13:14.600 --> 00:13:16.200
hey, I'm Peter Nieves.

267
00:13:16.200 --> 00:13:18.320
Oh, and you're Bob such and such

268
00:13:18.320 --> 00:13:20.480
and this is what you're doing and I own it.

269
00:13:20.840 --> 00:13:21.680
Don't do that.

270
00:13:21.680 --> 00:13:23.640
Say, this is who I am.

271
00:13:23.640 --> 00:13:24.840
This is what I own.

272
00:13:24.840 --> 00:13:28.440
So part one is, if I were drafting it as an example,

273
00:13:28.440 --> 00:13:31.000
I would say, hey, this is Peter Nieves

274
00:13:31.000 --> 00:13:32.680
of Nieves IP Law Group.

275
00:13:35.040 --> 00:13:38.280
I own the website, nievesip.com.

276
00:13:39.600 --> 00:13:42.480
For the last 25 years,

277
00:13:42.480 --> 00:13:45.480
I've been practicing in intellectual property law.

278
00:13:45.480 --> 00:13:50.480
I've been using the name Nieves IP for 20 of those years.

279
00:13:53.000 --> 00:13:58.000
In 19, I don't know, in 1992,

280
00:13:59.360 --> 00:14:04.200
I filed a federal trademark application for Nieves IP.

281
00:14:04.200 --> 00:14:08.160
I obtained that trademark on blah, blah, blah date.

282
00:14:08.160 --> 00:14:10.520
That federal registration is enforceable

283
00:14:10.520 --> 00:14:11.880
in the United States

284
00:14:12.880 --> 00:14:15.840
to stop any others from using a trademark

285
00:14:15.840 --> 00:14:18.360
that is likely to confuse the public

286
00:14:18.360 --> 00:14:21.320
as to the source of services, period.

287
00:14:21.320 --> 00:14:23.600
So I'm laying out, this is who I am.

288
00:14:23.600 --> 00:14:24.960
This is what I own.

289
00:14:24.960 --> 00:14:26.920
This is the right associated with it.

290
00:14:26.920 --> 00:14:28.840
Now, after I've done that,

291
00:14:28.840 --> 00:14:33.160
now I've got a section that says who they are.

292
00:14:33.160 --> 00:14:35.600
So it'll just say, I'll actually have a section,

293
00:14:35.600 --> 00:14:37.240
let's say it's ABC Company.

294
00:14:37.240 --> 00:14:40.000
I'll say ABC Company's Actions.

295
00:14:40.000 --> 00:14:40.840
That'll be the title.

296
00:14:41.240 --> 00:14:42.640
That'll be the title.

297
00:14:42.640 --> 00:14:45.960
Then underneath that, I'll start out with,

298
00:14:48.840 --> 00:14:53.840
we've recently become aware of ABC's use of Nieves IP

299
00:14:55.760 --> 00:15:00.160
in a publication dated October 18th.

300
00:15:00.000 --> 00:15:05.000
2022 as attached herein as an exhibit,

301
00:15:05.700 --> 00:15:09.620
or as attached herein as schedule A, something like that.

302
00:15:09.620 --> 00:15:10.940
So now I've got the attachment.

303
00:15:10.940 --> 00:15:11.780
There's the proof.

304
00:15:11.780 --> 00:15:12.600
Here it is.

305
00:15:12.600 --> 00:15:13.740
I'm not just making this up.

306
00:15:13.740 --> 00:15:14.980
Like, here's the proof.

307
00:15:14.980 --> 00:15:15.820
Here it is.

308
00:15:18.100 --> 00:15:22.980
ABC Corporation may not be aware of the fact

309
00:15:22.980 --> 00:15:25.820
that Nieves IP is a federally registered trademark

310
00:15:25.820 --> 00:15:27.980
of Peter Nieves.

311
00:15:28.100 --> 00:15:29.260
Okay, hey, hey.

312
00:15:29.260 --> 00:15:33.260
So it's kind of like, again, laying it out step by step.

313
00:15:33.260 --> 00:15:34.100
Stop!

314
00:15:40.540 --> 00:15:41.820
Although it was amusing.

315
00:15:43.620 --> 00:15:44.460
There you go.

316
00:15:44.460 --> 00:15:45.280
Oh, nope.

317
00:15:45.280 --> 00:15:46.380
There we go.

318
00:15:46.380 --> 00:15:47.620
Okay.

319
00:15:47.620 --> 00:15:50.580
So again, just one more time.

320
00:15:50.580 --> 00:15:55.580
I'm starting out with who I am, what I own,

321
00:15:55.660 --> 00:15:58.100
who you are, what you're doing, okay?

322
00:15:59.500 --> 00:16:02.060
Now I gotta get to what I want.

323
00:16:02.060 --> 00:16:05.240
Now, this is the dangerous area.

324
00:16:05.240 --> 00:16:07.100
Okay, this is the danger zone, guys.

325
00:16:07.100 --> 00:16:09.340
This is where lawsuits happen.

326
00:16:09.340 --> 00:16:10.960
If you come out saying,

327
00:16:12.140 --> 00:16:14.940
you are infringing upon my trademark,

328
00:16:14.940 --> 00:16:17.060
and if you don't stop within the next 30 days,

329
00:16:17.060 --> 00:16:18.080
I'm gonna sue you,

330
00:16:19.100 --> 00:16:22.660
you just opened yourself up for a lawsuit, okay?

331
00:16:22.660 --> 00:16:25.140
Now, if you're okay with that,

332
00:16:25.660 --> 00:16:26.980
if you've got plenty of money,

333
00:16:26.980 --> 00:16:29.420
like if you're a multimillionaire with your own island,

334
00:16:29.420 --> 00:16:30.620
like Samuel over here,

335
00:16:30.620 --> 00:16:32.540
Samuel, like he owns an island, right?

336
00:16:32.540 --> 00:16:33.580
You own an island, right?

337
00:16:33.580 --> 00:16:38.500
So I mean, if you have those kinds of assets

338
00:16:38.500 --> 00:16:40.100
and you have no problem with it, then-

339
00:16:40.100 --> 00:16:40.940
Not yet.

340
00:16:41.980 --> 00:16:43.700
Yeah, not yet, not yet.

341
00:16:43.700 --> 00:16:46.060
Yeah, you qualified it, not yet.

342
00:16:46.060 --> 00:16:47.180
Pretty soon, though.

343
00:16:47.180 --> 00:16:51.100
So for that reason, you don't wanna come out and say that,

344
00:16:51.100 --> 00:16:53.180
because if the other party believes

345
00:16:53.180 --> 00:16:54.780
that they're going to be sued,

346
00:16:55.420 --> 00:16:57.620
they can file a declaratory judgment action against you.

347
00:16:57.620 --> 00:17:00.740
What that means is that they can file a document

348
00:17:00.740 --> 00:17:04.220
with the court, a complaint against you,

349
00:17:04.220 --> 00:17:07.980
saying that they believe they're gonna be sued by you

350
00:17:09.020 --> 00:17:13.619
unrightly, meaning that it's not a justified action.

351
00:17:13.619 --> 00:17:16.140
Your suing them would be an unjustified action.

352
00:17:16.140 --> 00:17:18.780
So they're bringing it before a court of law

353
00:17:18.780 --> 00:17:22.599
in their own jurisdiction to make sure,

354
00:17:23.599 --> 00:17:25.440
well, that's Todd Enwall.

355
00:17:26.960 --> 00:17:27.800
Hold on one second.

356
00:17:27.800 --> 00:17:29.000
Let me make sure he knows.

357
00:17:30.000 --> 00:17:32.040
Hey, Todd, we're in the protection portal right now.

358
00:17:32.040 --> 00:17:32.880
Where are you?

359
00:17:34.560 --> 00:17:36.120
You know, I'm just calling to check on you.

360
00:17:36.120 --> 00:17:37.240
You're on my heart.

361
00:17:37.240 --> 00:17:38.200
All right, thanks, bro.

362
00:17:38.200 --> 00:17:39.880
Let me call you afterwards, okay?

363
00:17:39.880 --> 00:17:41.360
I didn't know if you were looking for the link,

364
00:17:41.360 --> 00:17:43.840
so I'll call you right after, brother.

365
00:17:43.840 --> 00:17:44.680
Bye-bye.

366
00:17:45.920 --> 00:17:48.240
All right, so that's Todd and Tamara.

367
00:17:48.240 --> 00:17:51.160
So there, that was really nice.

368
00:17:51.160 --> 00:17:52.840
These are the kind of calls I get from you guys.

369
00:17:52.840 --> 00:17:54.160
Like, are you doing okay?

370
00:17:54.160 --> 00:17:55.680
Because everybody knows I'm starting my own firm,

371
00:17:55.680 --> 00:17:56.840
so I'm grateful.

372
00:17:56.840 --> 00:17:59.960
So that's the sequence there, okay?

373
00:17:59.960 --> 00:18:03.560
So just, again, you don't want to come out

374
00:18:03.560 --> 00:18:04.480
with guns blazing.

375
00:18:04.480 --> 00:18:06.080
This is the way I would do it.

376
00:18:06.080 --> 00:18:07.840
And again, please talk to your lawyers.

377
00:18:07.840 --> 00:18:09.240
Make sure a lawyer reviews this.

378
00:18:09.240 --> 00:18:12.320
Don't send out a letter unless your lawyer looks at it, okay?

379
00:18:12.320 --> 00:18:15.440
But the way I would word it would be more like,

380
00:18:15.440 --> 00:18:17.240
I've recently become aware of the fact

381
00:18:17.240 --> 00:18:19.340
that you're using the EVIS IP,

382
00:18:20.060 --> 00:18:22.340
which has brought concern to us

383
00:18:22.340 --> 00:18:25.940
since we have a federal registration for EVIS IP.

384
00:18:25.940 --> 00:18:29.620
It may be that you're not aware of our federal registration.

385
00:18:29.620 --> 00:18:31.420
For that reason, we wanted to make you aware,

386
00:18:31.420 --> 00:18:34.020
and we ask that you please stop using the name

387
00:18:34.020 --> 00:18:35.620
going forward.

388
00:18:35.620 --> 00:18:37.460
Please send a response confirming

389
00:18:37.460 --> 00:18:39.940
that you've received this communication

390
00:18:39.940 --> 00:18:44.500
and that you are doing so within the next 30 days.

391
00:18:44.500 --> 00:18:47.020
Thank you for your cooperation.

392
00:18:47.020 --> 00:18:48.300
All the best.

393
00:18:48.300 --> 00:18:51.020
Like, that's a soft letter.

394
00:18:51.020 --> 00:18:52.140
That's a soft letter.

395
00:18:53.100 --> 00:18:55.180
I have clients that don't like soft letters.

396
00:18:55.180 --> 00:18:57.700
They like come out,

397
00:18:57.700 --> 00:19:00.620
and the way those letters read instead are,

398
00:19:00.620 --> 00:19:03.740
we recently became aware of your using,

399
00:19:03.740 --> 00:19:08.740
of your using EVIS IP without our permission,

400
00:19:09.600 --> 00:19:14.340
which is a violation of, and they list the statute.

401
00:19:14.340 --> 00:19:16.980
You are to immediately cease all use.

402
00:19:17.500 --> 00:19:21.060
Pull our product from the shelves,

403
00:19:21.060 --> 00:19:25.940
and send us $10,000, you know,

404
00:19:25.940 --> 00:19:29.100
to handle legal fees and blah, blah, blah,

405
00:19:29.100 --> 00:19:30.780
within the next 15 days.

406
00:19:30.780 --> 00:19:32.700
If we don't receive correspondence from you

407
00:19:32.700 --> 00:19:36.380
and proof of your doing these steps,

408
00:19:36.380 --> 00:19:38.620
we will proceed with filing a complaint against you

409
00:19:38.620 --> 00:19:39.860
in federal district court.

410
00:19:39.860 --> 00:19:43.260
Like, do you see the difference?

411
00:19:43.260 --> 00:19:46.180
Like, those are the two different extremes, right?

412
00:19:46.620 --> 00:19:48.940
Can you do the first one again, Peter?

413
00:19:48.940 --> 00:19:49.780
I'm sorry.

414
00:19:49.780 --> 00:19:51.380
No, no, no problem, no problem.

415
00:19:51.380 --> 00:19:55.380
So the first one, again,

416
00:19:55.380 --> 00:19:57.340
make sure that you speak to your lawyer, Lynn,

417
00:19:57.340 --> 00:19:59.660
you know, send it to them to review it.

418
00:19:59.660 --> 00:20:00.500
But the-

419
00:20:00.000 --> 00:20:05.000
First one in a soft, what I call it is a soft notice letter

420
00:20:05.560 --> 00:20:09.960
as opposed to a cease and desist, right?

421
00:20:09.960 --> 00:20:13.760
I wouldn't even use the title cease and desist.

422
00:20:13.760 --> 00:20:17.680
I would use more like a title like notification

423
00:20:17.680 --> 00:20:21.280
regarding potential trademark infringement

424
00:20:21.280 --> 00:20:26.280
or notification regarding ownership rights of Nieves IP,

425
00:20:27.000 --> 00:20:29.320
something like that, it's softer.

426
00:20:29.560 --> 00:20:30.880
That's your first shot.

427
00:20:30.880 --> 00:20:34.040
It's a general, it's like smoke signals, right?

428
00:20:34.040 --> 00:20:36.640
Before you come out with the cannon, you're gonna say,

429
00:20:36.640 --> 00:20:39.480
hey, maybe you didn't know, right?

430
00:20:39.480 --> 00:20:41.200
And I don't know if you guys realize this,

431
00:20:41.200 --> 00:20:43.160
but this is biblical too.

432
00:20:43.160 --> 00:20:44.880
It says, don't just walk in the court

433
00:20:44.880 --> 00:20:46.800
against your brother, right?

434
00:20:46.800 --> 00:20:49.640
Because now your fate is in the hand of a third party

435
00:20:49.640 --> 00:20:52.200
and you're hoping that they're gonna act out of justice.

436
00:20:52.200 --> 00:20:54.400
It's much better to try to resolve the matter

437
00:20:54.400 --> 00:20:58.520
between yourselves, you know, in a godly fashion.

438
00:20:58.560 --> 00:21:01.200
So this is kind of trying to do that, all right?

439
00:21:01.200 --> 00:21:02.680
So the letter would say,

440
00:21:02.680 --> 00:21:05.280
I'll kind of walk through the whole thing with you.

441
00:21:05.280 --> 00:21:06.920
Let's say it's Nieves IP.

442
00:21:09.600 --> 00:21:14.600
So I would say I represent Nieves IP Law Group.

443
00:21:20.840 --> 00:21:23.480
Nieves IP is a federally registered trademark

444
00:21:23.480 --> 00:21:25.840
of Nieves IP Law Group.

445
00:21:26.840 --> 00:21:29.080
And therefore the trademark is owned

446
00:21:29.080 --> 00:21:32.320
throughout the United States and enforceable.

447
00:21:32.320 --> 00:21:34.520
And I'd also even talk about the goodwill

448
00:21:34.520 --> 00:21:35.440
that I've spent on it.

449
00:21:35.440 --> 00:21:38.040
So I'd say, you know, Nieves IP Law Group

450
00:21:38.040 --> 00:21:43.040
has spent considerable time and financial resources

451
00:21:45.000 --> 00:21:48.960
in protection of its trademark, Nieves IP Law,

452
00:21:48.960 --> 00:21:53.960
Nieves IP, and in making the public aware

453
00:21:54.960 --> 00:21:57.240
of the services that are provided.

454
00:21:57.240 --> 00:22:00.840
Like I'd kind of talk up what I've done

455
00:22:00.840 --> 00:22:03.480
to make this trademark known to the public.

456
00:22:03.480 --> 00:22:04.320
I wouldn't just say,

457
00:22:04.320 --> 00:22:06.280
yeah, I've got a federal registration, period.

458
00:22:06.280 --> 00:22:09.640
Like if you spent time in ads, I would mention,

459
00:22:09.640 --> 00:22:12.520
you know, there's been advertising associated with this.

460
00:22:12.520 --> 00:22:15.640
If you've sold product throughout the United States,

461
00:22:15.640 --> 00:22:17.720
I would say, and we've sold product

462
00:22:17.720 --> 00:22:21.560
throughout the United States using this trademark.

463
00:22:21.560 --> 00:22:22.680
So this trademark is known

464
00:22:22.800 --> 00:22:24.040
throughout all the United States.

465
00:22:24.040 --> 00:22:25.800
It's not just federally registered.

466
00:22:25.800 --> 00:22:27.640
It's known throughout the United States.

467
00:22:27.640 --> 00:22:29.920
Like I would kind of talk it up, right?

468
00:22:29.920 --> 00:22:33.080
So to realize it's not just some random thing.

469
00:22:33.080 --> 00:22:34.840
So now the next thing is,

470
00:22:34.840 --> 00:22:38.960
I would say ABC Corporation's Actions.

471
00:22:38.960 --> 00:22:40.600
That would be the next title.

472
00:22:40.600 --> 00:22:44.280
Under that, I would say we recently became aware,

473
00:22:44.280 --> 00:22:47.320
we have recently, it has recently come to our attention

474
00:22:47.320 --> 00:22:51.680
that ABC Corporation has been using Nieves IP

475
00:22:51.680 --> 00:22:54.720
as a trademark on blah, blah, blah.

476
00:22:54.720 --> 00:22:56.920
Please see the attached.

477
00:22:56.920 --> 00:23:00.280
And so you're showing them an example

478
00:23:00.280 --> 00:23:03.560
of how they're using it in an improper manner.

479
00:23:04.600 --> 00:23:07.000
So now they've got that to look at,

480
00:23:07.000 --> 00:23:08.920
and then you just use nice soft language.

481
00:23:08.920 --> 00:23:12.680
Like it may be that ABC Corporation was not aware

482
00:23:13.600 --> 00:23:17.280
that Nieves IP is a federally registered trademark

483
00:23:17.280 --> 00:23:22.160
of Nieves IP Law Group, period.

484
00:23:23.320 --> 00:23:27.080
For this reason, we have sent this communication

485
00:23:27.080 --> 00:23:28.760
to make you aware of the same.

486
00:23:29.600 --> 00:23:32.920
Now that ABC Corporation is aware

487
00:23:32.920 --> 00:23:35.000
of this federally registered trademark,

488
00:23:36.280 --> 00:23:41.280
we ask that ABC Corporation cease use of Nieves IP for,

489
00:23:43.080 --> 00:23:46.080
and then you would list the goods and services

490
00:23:46.080 --> 00:23:48.520
that are within your trademark application, right?

491
00:23:48.520 --> 00:23:50.280
Because you're just copying and pasting

492
00:23:50.280 --> 00:23:52.400
what's in your own trademark application.

493
00:23:52.400 --> 00:23:55.960
So if your trademark is for Nike and it's for footwear,

494
00:23:55.960 --> 00:23:59.600
then you'd say, we request that or we ask

495
00:23:59.600 --> 00:24:04.600
that ABC Corporation no longer use Nike for footwear

496
00:24:04.960 --> 00:24:07.880
because that's in your registration services or goods.

497
00:24:07.880 --> 00:24:11.440
So you're just copying it and pasting it, right?

498
00:24:11.440 --> 00:24:15.560
And so, and then after that, you could say,

499
00:24:15.560 --> 00:24:17.520
please confirm in writing receipt

500
00:24:18.440 --> 00:24:21.240
and agreement to this request.

501
00:24:21.240 --> 00:24:24.920
This is our attempt to amicably resolve this matter.

502
00:24:27.400 --> 00:24:30.360
We'd like to hear from you within the next 30 days.

503
00:24:30.360 --> 00:24:31.520
All the best.

504
00:24:31.520 --> 00:24:35.160
It's a soft way of doing that.

505
00:24:35.160 --> 00:24:36.720
I've actually been to CLEs,

506
00:24:36.720 --> 00:24:39.240
Continuing Legal Education courses,

507
00:24:39.240 --> 00:24:43.320
just on how to draft a cease and desist

508
00:24:43.320 --> 00:24:45.000
and not end up in litigation.

509
00:24:46.320 --> 00:24:47.160
Okay.

510
00:24:47.160 --> 00:24:49.440
Because again, if they feel threatened,

511
00:24:49.440 --> 00:24:51.920
they can file a DJ action against you.

512
00:24:51.920 --> 00:24:53.760
Now you're forced to go to court.

513
00:24:55.040 --> 00:24:55.920
And we don't want that.

514
00:24:55.920 --> 00:24:56.760
We don't want that.

515
00:24:56.760 --> 00:24:58.000
You're just trying to defend yourself.

516
00:24:58.000 --> 00:25:00.200
It's not right that you end up in court.

517
00:25:00.000 --> 00:25:03.120
Let me open it up to questions right now.

518
00:25:03.120 --> 00:25:07.480
Again, the preface to this entire thing is,

519
00:25:07.480 --> 00:25:09.480
call your lawyers, right?

520
00:25:09.480 --> 00:25:10.720
But here's the thing,

521
00:25:10.720 --> 00:25:13.200
if you draft most of that letter yourself,

522
00:25:13.200 --> 00:25:15.400
your lawyers should just be able to tweak it.

523
00:25:16.920 --> 00:25:19.800
So you end up saving yourself a thousand bucks.

524
00:25:22.360 --> 00:25:26.680
See, there's little things that I continue to teach you

525
00:25:26.680 --> 00:25:30.680
that'll make it so that your costs go lower and lower

526
00:25:30.680 --> 00:25:31.800
when you're working with attorneys.

527
00:25:31.800 --> 00:25:34.520
Like, you're not trying to get rid of the attorneys.

528
00:25:34.520 --> 00:25:37.820
Like, when you need a surgeon, you need a surgeon, right?

529
00:25:37.820 --> 00:25:39.820
You're not saying, well, I want the nurse to do it.

530
00:25:39.820 --> 00:25:42.420
Like, hey, you know how to do things

531
00:25:42.420 --> 00:25:43.760
with blood pressure and all.

532
00:25:43.760 --> 00:25:46.500
Can't you just cut around the heart

533
00:25:46.500 --> 00:25:48.200
and get rid of that thing there?

534
00:25:48.200 --> 00:25:50.200
You know, I'm sure you've seen it on TV.

535
00:25:50.200 --> 00:25:52.960
No, you want to talk to the lawyer, okay?

536
00:25:52.960 --> 00:25:55.700
But try to get some of this stuff in place beforehand.

537
00:25:56.960 --> 00:25:59.520
All right, any questions on that before we move on?

538
00:26:00.720 --> 00:26:02.280
Doesn't look like it.

539
00:26:02.280 --> 00:26:03.780
Lynn, are you all set on that?

540
00:26:08.080 --> 00:26:09.840
I think she's all set.

541
00:26:09.840 --> 00:26:11.040
Yes, I am.

542
00:26:11.040 --> 00:26:11.880
Okay, perfect.

543
00:26:11.880 --> 00:26:14.480
I'm so glad this is on replay

544
00:26:14.480 --> 00:26:18.240
because I didn't get it at all down on paper.

545
00:26:20.480 --> 00:26:21.640
It's no problem.

546
00:26:21.640 --> 00:26:24.480
Super, super helpful though, thank you.

547
00:26:24.480 --> 00:26:25.800
Sure, sure.

548
00:26:25.800 --> 00:26:28.440
Okay, all right, let me talk about a question

549
00:26:28.440 --> 00:26:32.200
that ironically, I'm going to move to the next topic.

550
00:26:32.200 --> 00:26:33.600
Was that helpful, guys?

551
00:26:33.600 --> 00:26:35.320
Does that kind of help you guys out?

552
00:26:35.320 --> 00:26:37.760
Okay, so the reason why I'm going through this is,

553
00:26:37.760 --> 00:26:40.560
again, you guys, as you're protecting your IP,

554
00:26:41.880 --> 00:26:44.000
chances are you're going to run into somebody who's using it

555
00:26:44.000 --> 00:26:45.880
and you're going to want to know, well, what do I do now?

556
00:26:45.880 --> 00:26:48.080
That's what you do now, all right?

557
00:26:48.080 --> 00:26:49.360
You don't just call them up and say,

558
00:26:49.360 --> 00:26:52.000
hey, I'm going to sue you, cut it out.

559
00:26:52.000 --> 00:26:53.960
It's like, now you're in court and you're like,

560
00:26:54.000 --> 00:26:57.160
Peter, what do I do now?

561
00:26:57.160 --> 00:26:59.360
It's like, well, now it's 600 bucks an hour.

562
00:26:59.360 --> 00:27:02.240
So let's make sure we're not in that situation, okay?

563
00:27:02.240 --> 00:27:05.640
All right, so I had a phone call this morning

564
00:27:07.160 --> 00:27:09.880
from a friend of mine in the mastermind.

565
00:27:09.880 --> 00:27:12.560
He's walking into doing a deal

566
00:27:12.560 --> 00:27:16.320
and he just called me up like I'm in the shower.

567
00:27:16.320 --> 00:27:19.120
I get, afterwards, I call him back

568
00:27:19.120 --> 00:27:20.920
and his question was as follows.

569
00:27:20.920 --> 00:27:22.560
And it's awfully ironic

570
00:27:22.560 --> 00:27:25.160
that Jill just asked the same question.

571
00:27:25.160 --> 00:27:30.160
So on the same day, so that is pretty interesting.

572
00:27:30.440 --> 00:27:35.440
So what if you're trying to compare what you're doing

573
00:27:39.120 --> 00:27:40.720
to what somebody else is doing?

574
00:27:42.440 --> 00:27:46.040
What's the safe way of doing that, right?

575
00:27:46.040 --> 00:27:49.520
So he called me about a TEDx.

576
00:27:49.520 --> 00:27:52.640
Everybody knows what TEDx things are?

577
00:27:52.640 --> 00:27:55.000
TED, like, you know, right?

578
00:27:55.000 --> 00:28:00.000
So he called me about, he's in a different industry.

579
00:28:01.520 --> 00:28:04.640
He's in like small homes.

580
00:28:04.640 --> 00:28:06.800
That's his like his business.

581
00:28:06.800 --> 00:28:10.240
And so he said, he's starting up a certain thing.

582
00:28:10.240 --> 00:28:13.640
And so he said, I want to be able to say,

583
00:28:13.640 --> 00:28:17.320
this is like the TEDx for small homes.

584
00:28:18.160 --> 00:28:20.560
Like, can you do that?

585
00:28:20.560 --> 00:28:25.560
Because you're using somebody else's trademark

586
00:28:25.680 --> 00:28:28.200
in describing what you're doing.

587
00:28:28.200 --> 00:28:30.200
And Jill, you asked something similar.

588
00:28:30.200 --> 00:28:35.200
So your question, which is something

589
00:28:36.080 --> 00:28:39.160
that we traditionally do in our family,

590
00:28:39.160 --> 00:28:40.680
even though obviously we don't believe in it,

591
00:28:40.680 --> 00:28:41.720
we just do it because it's fun,

592
00:28:41.720 --> 00:28:43.720
that Elf on a Shelf thing.

593
00:28:43.720 --> 00:28:45.200
It's kind of fun, so we do it.

594
00:28:45.200 --> 00:28:48.960
So your question was, I'm doing a challenge

595
00:28:48.960 --> 00:28:51.360
around developing your own holiday IP

596
00:28:51.360 --> 00:28:53.720
for income and impact.

597
00:28:53.720 --> 00:28:57.000
Am I copyright infringing?

598
00:28:57.000 --> 00:28:59.360
It would be trademark infringing.

599
00:28:59.360 --> 00:29:04.360
To use the phrase, be the next Elf on a Shelf in my copy.

600
00:29:04.400 --> 00:29:05.240
Okay.

601
00:29:06.760 --> 00:29:07.840
All right.

602
00:29:07.840 --> 00:29:09.560
This is a tricky one, guys.

603
00:29:09.560 --> 00:29:10.680
This is really tricky.

604
00:29:10.680 --> 00:29:15.680
Because technically, what you're asking is,

605
00:29:17.040 --> 00:29:19.520
can I use somebody else's trademark

606
00:29:19.520 --> 00:29:22.880
in a comparative thing, right?

607
00:29:22.880 --> 00:29:25.800
So like, can I come out with a new sneaker line and say,

608
00:29:25.800 --> 00:29:27.640
these are the new Nikes on the block?

609
00:29:28.680 --> 00:29:30.600
You know, something like that.

610
00:29:30.600 --> 00:29:34.680
That is comparative, which is allowed.

611
00:29:34.680 --> 00:29:35.680
You're allowed to compare.

612
00:29:35.680 --> 00:29:37.520
There's nothing wrong with comparing.

613
00:29:37.520 --> 00:29:39.280
The question becomes though,

614
00:29:40.600 --> 00:29:43.520
does it potentially fall into like unfair competition

615
00:29:43.520 --> 00:29:46.040
where you're taking advantage of another person's trademark

616
00:29:46.040 --> 00:29:47.480
for personal value?

617
00:29:48.680 --> 00:29:51.080
And is there, in the trademark world,

618
00:29:51.080 --> 00:29:53.000
there's this thing called likelihood of confusion.

619
00:29:53.000 --> 00:29:55.360
So is there any chance that in the statement

620
00:29:55.360 --> 00:29:58.120
that you're making, people are gonna believe

621
00:29:58.120 --> 00:30:00.120
that you're the makers of Elf on a Shelf?

622
00:30:00.000 --> 00:30:04.320
Well, if you say it the right way, the answer is no.

623
00:30:04.320 --> 00:30:07.520
So I don't think that's a problem there.

624
00:30:07.520 --> 00:30:13.000
The question is, it's not really an IP question.

625
00:30:13.000 --> 00:30:17.680
It's more of a tort question, which is unfair business

626
00:30:17.680 --> 00:30:21.240
practice, unfair competition.

627
00:30:21.240 --> 00:30:25.040
That's kind of more of a corporate law issue.

628
00:30:25.040 --> 00:30:26.080
Mench on a bench.

629
00:30:26.080 --> 00:30:27.600
Yeah.

630
00:30:27.600 --> 00:30:28.560
Yeah, I remember that.

631
00:30:28.560 --> 00:30:30.560
I saw that.

632
00:30:30.560 --> 00:30:31.760
It was kind of funny.

633
00:30:31.760 --> 00:30:33.920
So mench on a bench.

634
00:30:37.080 --> 00:30:41.480
So to answer your question, yes, you can compare.

635
00:30:41.480 --> 00:30:45.240
And you can say, these are the new Adidas.

636
00:30:45.240 --> 00:30:50.120
But the problem is, if anybody believes that you're saying

637
00:30:50.120 --> 00:30:53.120
you are Adidas, or if Adidas gets upset with you,

638
00:30:53.120 --> 00:30:54.480
they could sue you.

639
00:30:54.480 --> 00:30:56.200
So you've got to make it very clear

640
00:30:56.200 --> 00:30:58.000
that you're distinguishing.

641
00:30:58.000 --> 00:31:01.240
So when I spoke with him, I said,

642
00:31:01.240 --> 00:31:03.600
why don't you say instead?

643
00:31:03.600 --> 00:31:05.200
He came up with a name for this thing.

644
00:31:05.200 --> 00:31:07.240
It was like, I don't remember what it was,

645
00:31:07.240 --> 00:31:08.960
but he had a name for it.

646
00:31:08.960 --> 00:31:13.480
And he said, the such and such for little homes.

647
00:31:13.480 --> 00:31:15.520
So I said, well, why don't you say the such and such

648
00:31:15.520 --> 00:31:22.160
for little homes, like TEDx is to the business world?

649
00:31:22.160 --> 00:31:24.680
Because that's like comparative.

650
00:31:24.680 --> 00:31:27.400
That's so comparative, it's clear.

651
00:31:27.400 --> 00:31:30.880
It's not like saying, like TEDx.

652
00:31:30.880 --> 00:31:36.200
If you just say, like TEDx, then you

653
00:31:36.200 --> 00:31:38.600
are intending it to be comparative,

654
00:31:38.600 --> 00:31:40.960
but it's not as clear as if you said,

655
00:31:40.960 --> 00:31:43.480
as TEDx is to the business world.

656
00:31:43.480 --> 00:31:46.000
Now that's showing that you're saying,

657
00:31:46.000 --> 00:31:52.080
we're as good in our industry as TEDx is in the business world.

658
00:31:52.080 --> 00:31:53.280
That's good.

659
00:31:53.280 --> 00:31:57.560
But if you come out and you say something like,

660
00:31:57.560 --> 00:32:04.760
we're the new elf on a shelf, I think, is it safe?

661
00:32:04.760 --> 00:32:06.440
The question isn't, is it safe?

662
00:32:06.440 --> 00:32:07.880
Are you going to run into problems?

663
00:32:07.880 --> 00:32:10.080
The question is, are you going to spend money

664
00:32:10.080 --> 00:32:11.560
on lawyers trying to make sure that you

665
00:32:11.560 --> 00:32:12.680
can prove that you're safe?

666
00:32:12.680 --> 00:32:16.400
That's really what I look at when I tell people what to do.

667
00:32:16.400 --> 00:32:20.400
I don't just tell them, yeah, legally you'll win.

668
00:32:21.400 --> 00:32:24.840
Legally winning is not what most people want to know.

669
00:32:24.840 --> 00:32:27.000
People want to know, am I going to get sued?

670
00:32:27.000 --> 00:32:29.680
That's what they truly want to know.

671
00:32:29.680 --> 00:32:34.760
If I answered all the time as, yes, that's legally sound,

672
00:32:34.760 --> 00:32:37.920
then 90% of the people that I'd speak to, I could say,

673
00:32:37.920 --> 00:32:41.520
yep, do it, do it, yep, because I know I'll win in court.

674
00:32:41.520 --> 00:32:43.240
But they're going to spend half a million,

675
00:32:43.240 --> 00:32:45.360
or in patent litigation, $2 million,

676
00:32:45.360 --> 00:32:48.520
to get to that win, which to me is a loss.

677
00:32:49.400 --> 00:32:53.680
With that being said, looking at the example that Jill gives,

678
00:32:53.680 --> 00:32:56.960
let me just grab that one.

679
00:32:56.960 --> 00:32:59.000
Be the next elf on a shelf.

680
00:33:01.840 --> 00:33:06.360
So is it OK to say, be the next elf on a shelf?

681
00:33:06.360 --> 00:33:08.480
I mean, arguably, yes.

682
00:33:08.480 --> 00:33:10.920
I actually changed it to become.

683
00:33:10.920 --> 00:33:12.240
Become, is that better?

684
00:33:12.240 --> 00:33:14.160
Become the next elf on a shelf?

685
00:33:14.160 --> 00:33:15.720
Develop your own Christmas IP.

686
00:33:15.720 --> 00:33:17.720
Yeah, I mean, it's comparative.

687
00:33:18.640 --> 00:33:22.440
You're not using the trademark in a trademark manner.

688
00:33:22.440 --> 00:33:25.160
Like, you're respecting that it's theirs.

689
00:33:25.160 --> 00:33:26.400
You're not saying it's mine.

690
00:33:26.400 --> 00:33:29.440
Like, you didn't come out and say elf on a shelf

691
00:33:29.440 --> 00:33:31.520
on your website.

692
00:33:31.520 --> 00:33:37.400
You're describing something to compare yourself to another.

693
00:33:37.400 --> 00:33:38.920
That's OK.

694
00:33:38.920 --> 00:33:40.840
The only area you just got to be careful of

695
00:33:40.840 --> 00:33:42.360
is unfair business practice.

696
00:33:42.360 --> 00:33:45.680
But I don't think they have a case, honestly,

697
00:33:45.680 --> 00:33:47.320
for unfair business practice either.

698
00:33:48.320 --> 00:33:52.880
I don't think using a language like, become the next Kleenex

699
00:33:52.880 --> 00:33:59.640
or become the next Microsoft, something like that,

700
00:33:59.640 --> 00:34:04.040
that is being used in a descriptive manner.

701
00:34:04.040 --> 00:34:06.480
You're telling people about something descriptively.

702
00:34:06.480 --> 00:34:08.520
That in and of itself is not a problem.

703
00:34:08.520 --> 00:34:10.360
And again, this is not legal advice.

704
00:34:10.360 --> 00:34:12.880
So you should be talking to your lawyers to double check,

705
00:34:12.880 --> 00:34:14.560
triple check everything.

706
00:34:14.560 --> 00:34:20.120
So nothing that we discuss here is legal advice ever.

707
00:34:20.120 --> 00:34:21.159
I'm giving you guidance.

708
00:34:21.159 --> 00:34:23.920
And then you guys can look into it further.

709
00:34:23.920 --> 00:34:28.080
But comparative stuff is not a problem.

710
00:34:28.080 --> 00:34:30.520
The place where you can run into problems

711
00:34:30.520 --> 00:34:32.320
is not like what you're talking about.

712
00:34:32.320 --> 00:34:35.400
There's a thing called dilution.

713
00:34:35.400 --> 00:34:36.440
It's in trademark law.

714
00:34:36.440 --> 00:34:38.000
It's called dilution.

715
00:34:38.000 --> 00:34:41.560
The way dilution works is very interesting.

716
00:34:41.600 --> 00:34:45.800
If you start using the term Kleenex as tissue,

717
00:34:45.800 --> 00:34:48.440
then you can be sued by the owners of Kleenex,

718
00:34:48.440 --> 00:34:52.719
the trademark, because you're diluting the trademark.

719
00:34:52.719 --> 00:34:54.760
You're not doing that.

720
00:34:54.760 --> 00:34:59.600
So if you're using a trademark in a descriptive manner,

721
00:35:00.000 --> 00:35:05.000
then the people who own the trademark could sue you

722
00:35:05.160 --> 00:35:08.400
for using the trademark in a descriptive manner,

723
00:35:08.400 --> 00:35:10.720
thereby diluting,

724
00:35:10.720 --> 00:35:14.120
meaning decreasing the strength of their trademark.

725
00:35:14.120 --> 00:35:16.760
So as an example, Xerox, right?

726
00:35:16.760 --> 00:35:19.120
If you come out with an ad and the ad says,

727
00:35:19.120 --> 00:35:21.640
hey guys, make sure you Xerox

728
00:35:21.640 --> 00:35:24.200
what I send over to you and send it back.

729
00:35:24.200 --> 00:35:27.340
That's using somebody's federally registered trademark

730
00:35:27.340 --> 00:35:29.520
as a descriptive term.

731
00:35:29.540 --> 00:35:30.940
You're not allowed to do that.

732
00:35:30.940 --> 00:35:32.980
That is, that's a big no-no.

733
00:35:32.980 --> 00:35:34.340
That's called dilution.

734
00:35:34.340 --> 00:35:35.660
You can be sued for that.

735
00:35:36.720 --> 00:35:39.620
So when you say become the next Elf on a Shelf,

736
00:35:42.100 --> 00:35:44.220
you just wanna make sure you're not using it

737
00:35:44.220 --> 00:35:45.740
in a descriptive manner, right?

738
00:35:45.740 --> 00:35:48.580
So if Elf on a Shelf were a descriptive term,

739
00:35:48.580 --> 00:35:49.780
which I don't believe it is,

740
00:35:49.780 --> 00:35:52.100
you're talking about the company.

741
00:35:52.100 --> 00:35:54.580
You're talking about the product line.

742
00:35:54.580 --> 00:35:56.460
So I don't see that being a problem.

743
00:35:56.460 --> 00:35:58.380
Xerox and Kleenex, that's right.

744
00:35:58.400 --> 00:36:02.280
Those are two examples of dilution.

745
00:36:02.280 --> 00:36:05.120
I mean, there have been lawsuits by Xerox.

746
00:36:05.120 --> 00:36:05.960
I mean, that used to be

747
00:36:05.960 --> 00:36:08.160
one of the most powerful trademarks out there.

748
00:36:08.160 --> 00:36:10.040
Xerox, huge.

749
00:36:10.040 --> 00:36:12.240
Scott's Tape, another one, very good.

750
00:36:13.520 --> 00:36:14.520
That's another one.

751
00:36:15.640 --> 00:36:17.960
Why am I getting phone calls all of a sudden?

752
00:36:17.960 --> 00:36:19.640
Let me just turn this thing off

753
00:36:19.640 --> 00:36:21.680
so nobody bothers me anymore.

754
00:36:22.760 --> 00:36:24.520
That was Joshua Stevens.

755
00:36:24.520 --> 00:36:26.840
I'll call you back, okay.

756
00:36:26.860 --> 00:36:28.140
Peter, can you explain again

757
00:36:28.140 --> 00:36:29.980
when you say it's descriptive?

758
00:36:29.980 --> 00:36:31.580
I'm not sure what you're saying.

759
00:36:31.580 --> 00:36:36.580
Like when you said like Xerox this and send this to me,

760
00:36:37.300 --> 00:36:38.960
I'm not using it descriptive.

761
00:36:38.960 --> 00:36:43.940
I'm using Xerox as a verb, as something you should do.

762
00:36:43.940 --> 00:36:44.780
Exactly.

763
00:36:44.780 --> 00:36:48.220
And all it implies versus saying, send me,

764
00:36:48.220 --> 00:36:51.300
I don't even how you would use Xerox descriptively.

765
00:36:52.120 --> 00:36:57.120
Yeah, so Xerox is a brand of printer, right?

766
00:36:58.920 --> 00:37:01.520
So there's the Xerox brand printer.

767
00:37:02.800 --> 00:37:04.080
Xeroxing something,

768
00:37:04.080 --> 00:37:06.720
there's no such thing as Xeroxing something.

769
00:37:06.720 --> 00:37:08.760
Somebody all of a sudden said,

770
00:37:08.760 --> 00:37:11.720
everybody owns Xerox printers.

771
00:37:11.720 --> 00:37:13.840
So what I'm gonna do is I'm gonna just say,

772
00:37:13.840 --> 00:37:16.280
hey, why don't you Xerox that thing back to me?

773
00:37:16.280 --> 00:37:20.120
I'm gonna use the term Xerox as a descriptor,

774
00:37:20.140 --> 00:37:22.020
as an action, as opposed to

775
00:37:22.020 --> 00:37:26.180
as the actual printer itself, right?

776
00:37:26.180 --> 00:37:27.940
So if you use a trademark-

777
00:37:27.940 --> 00:37:29.200
You're using the word descriptor

778
00:37:29.200 --> 00:37:31.020
for the same thing as a verb?

779
00:37:31.020 --> 00:37:31.860
Because when you say Xerox-

780
00:37:31.860 --> 00:37:34.180
In this case it is, in this case it is,

781
00:37:34.180 --> 00:37:36.320
because the descriptor doesn't have to be a verb.

782
00:37:36.320 --> 00:37:39.020
Descriptor could be a noun, could be anything.

783
00:37:39.020 --> 00:37:40.860
So let's say like-

784
00:37:40.860 --> 00:37:42.620
It's like you're using the brand name

785
00:37:42.620 --> 00:37:45.700
instead of the generic of what it is.

786
00:37:45.700 --> 00:37:46.900
Instead of saying a tissue,

787
00:37:46.900 --> 00:37:49.460
you're saying, can you get me a Kleenex?

788
00:37:49.460 --> 00:37:50.680
Yes.

789
00:37:50.680 --> 00:37:52.320
Right, so that's-

790
00:37:52.320 --> 00:37:54.840
Because the way that trademarks are supposed to be used,

791
00:37:54.840 --> 00:37:56.160
and this is a little tricky, Jennifer,

792
00:37:56.160 --> 00:37:59.140
so I have no problem elaborating on this at all.

793
00:37:59.140 --> 00:38:01.080
The way a trademark is supposed to be used

794
00:38:01.080 --> 00:38:04.820
is you should be able to use the word brand after it.

795
00:38:05.800 --> 00:38:07.160
So you should be able to say,

796
00:38:07.160 --> 00:38:11.840
get me a Kleenex brand tissue, right?

797
00:38:12.880 --> 00:38:14.880
You shouldn't say, get me a Kleenex.

798
00:38:14.880 --> 00:38:16.720
If you say, get me a Kleenex,

799
00:38:16.720 --> 00:38:18.560
that means you're calling the tissues Kleenex.

800
00:38:18.940 --> 00:38:20.980
That means you're using-

801
00:38:20.980 --> 00:38:23.100
You're not using the trademark as a trademark.

802
00:38:23.100 --> 00:38:25.860
You're using that as a description of the good itself.

803
00:38:25.860 --> 00:38:27.300
And that's not allowed.

804
00:38:27.300 --> 00:38:31.420
That's diluting the power of the original trademark.

805
00:38:31.420 --> 00:38:33.700
And so if you actually own a trademark,

806
00:38:34.700 --> 00:38:36.860
you wanna make sure that you don't use that trademark

807
00:38:36.860 --> 00:38:37.860
in a descriptive manner.

808
00:38:37.860 --> 00:38:40.520
If you use it in a descriptive manner, you can lose it.

809
00:38:41.900 --> 00:38:43.680
Okay, so let's say like-

810
00:38:45.220 --> 00:38:46.740
It's another one, Band-Aid.

811
00:38:46.740 --> 00:38:48.500
Band-Aid's another one.

812
00:38:49.320 --> 00:38:52.160
Do you realize people say, go get me a Band-Aid?

813
00:38:52.160 --> 00:38:55.760
They're talking about the actual apparatus.

814
00:38:55.760 --> 00:38:57.840
They're not talking about the brand Band-Aid.

815
00:38:57.840 --> 00:38:59.720
I can say to somebody, go get me a Band-Aid.

816
00:38:59.720 --> 00:39:02.740
They'll give me a totally different brand.

817
00:39:02.740 --> 00:39:04.320
And I said, no, I asked for a Band-Aid.

818
00:39:04.320 --> 00:39:06.040
They're like, that is a Band-Aid.

819
00:39:06.040 --> 00:39:07.200
Like, that's it.

820
00:39:07.200 --> 00:39:08.440
You peel the two parts off.

821
00:39:08.440 --> 00:39:09.360
You put it on your cut.

822
00:39:09.360 --> 00:39:10.560
That's a Band-Aid.

823
00:39:10.560 --> 00:39:14.120
It's like, no, that's not a Band-Aid.

824
00:39:14.120 --> 00:39:18.240
That's an adhesive material

825
00:39:18.980 --> 00:39:19.900
that's placed on your cut.

826
00:39:19.900 --> 00:39:21.220
Band-Aid is a trademark.

827
00:39:21.220 --> 00:39:25.480
You're using it as if Band-Aid is an adhesive material

828
00:39:25.480 --> 00:39:28.860
placed on a cut with a cottonness or porous portion

829
00:39:28.860 --> 00:39:33.180
so as to absorb any bodily fluids, blah, blah, blah.

830
00:39:33.180 --> 00:39:34.820
I could bore you all day long with this.

831
00:39:34.820 --> 00:39:36.740
So the whole point of this is

832
00:39:39.220 --> 00:39:43.480
you can't use a trademark as the good.

833
00:39:43.480 --> 00:39:45.480
Adhesive material for my cut.

834
00:39:45.480 --> 00:39:48.200
I will teach my son to call it the, oh my gosh.

835
00:39:49.780 --> 00:39:52.460
I am not responsible for your son being upset.

836
00:39:52.460 --> 00:39:54.300
Let's just put it that way.

837
00:39:54.300 --> 00:39:55.140
With the Band-Aid-

838
00:39:55.140 --> 00:39:56.060
Mom, I've got a cut.

839
00:39:56.060 --> 00:39:57.660
Can you give me an adhesive material?

840
00:39:57.660 --> 00:39:58.500
What?

841
00:39:58.500 --> 00:40:00.060
So with the Band-Aid, there was-

842
00:40:00.000 --> 00:40:05.520
I was actually at a point in time where they even had their commercials changed, did anybody

843
00:40:05.520 --> 00:40:06.520
notice that?

844
00:40:06.520 --> 00:40:11.120
There used to be this commercial with the jingle, I'm stuck on Band-Aids because Band-Aids

845
00:40:11.120 --> 00:40:12.680
are stuck on me.

846
00:40:12.680 --> 00:40:16.080
And they changed it to Band-Aid brand.

847
00:40:16.080 --> 00:40:17.080
Yes!

848
00:40:17.080 --> 00:40:18.080
Yes!

849
00:40:18.080 --> 00:40:19.720
Now you understand why.

850
00:40:19.720 --> 00:40:22.160
That's exactly why they did that.

851
00:40:22.160 --> 00:40:29.040
Because everybody started, every time they ever saw this adhesive band, adhesive material,

852
00:40:29.040 --> 00:40:30.040
what do they do?

853
00:40:30.040 --> 00:40:31.920
They said, that's what I want.

854
00:40:31.920 --> 00:40:40.520
And so all these other companies are coming out with these adhesive, you know, materials.

855
00:40:40.520 --> 00:40:45.080
And so Band-Aid, like they started losing the power of their, the trademark because

856
00:40:45.080 --> 00:40:52.280
people literally would have on their packages for Scott's brand adhesive materials.

857
00:40:52.280 --> 00:40:57.200
It would say, you can use these Band-Aids to cover your cuts.

858
00:40:57.560 --> 00:40:59.840
No, Band-Aid is a trademark of another company.

859
00:40:59.840 --> 00:41:03.640
You can't describe your product by using somebody else's trademark.

860
00:41:03.640 --> 00:41:05.520
That's not allowed.

861
00:41:05.520 --> 00:41:07.520
That's trademark infringement.

862
00:41:07.520 --> 00:41:12.280
And so in this case, you just have to be careful.

863
00:41:12.280 --> 00:41:18.960
So to go back to the original question, can I say, be like, you know, be like the, be

864
00:41:18.960 --> 00:41:28.000
like, be like the Elon Musk of the, of the, of the, what do you call it?

865
00:41:28.000 --> 00:41:29.000
What do you call it?

866
00:41:29.000 --> 00:41:30.000
What do you call it?

867
00:41:30.000 --> 00:41:35.200
The rockets of, of the space age, of space age, you know, something like that.

868
00:41:35.200 --> 00:41:38.960
Hey, so you, you can use that comparatively speaking.

869
00:41:38.960 --> 00:41:40.280
There's nothing wrong with that.

870
00:41:40.280 --> 00:41:45.720
Just be careful that you're not diluting their mark and you're not, the way that you mentioned

871
00:41:45.720 --> 00:41:46.720
it, Jill should be fine.

872
00:41:46.720 --> 00:41:47.720
Okay.

873
00:41:47.720 --> 00:41:51.120
Does anybody have any question on what we just went over?

874
00:41:51.120 --> 00:41:54.160
Cause that, that's a little complex.

875
00:41:54.160 --> 00:41:58.280
So the whole point is you can't, go ahead Holly.

876
00:41:58.280 --> 00:42:03.560
Well, I mean, isn't it kind of like a, don't they kind of want to get to that point where

877
00:42:03.560 --> 00:42:09.160
everybody's using, I mean, when you get to that point, when everybody is using your brand

878
00:42:09.160 --> 00:42:15.520
name for the thing, isn't that kind of like what they would want?

879
00:42:16.320 --> 00:42:17.320
It's a great question.

880
00:42:17.320 --> 00:42:18.400
It's a great question.

881
00:42:18.400 --> 00:42:26.360
So imagine that you spend $10 million in a year advertising Holly's, you know, whatever,

882
00:42:26.360 --> 00:42:34.280
let's say you have Holly's we'll say cookies, let's get John upset, upset.

883
00:42:34.280 --> 00:42:35.920
So we have Holly's cookie brand, right?

884
00:42:35.920 --> 00:42:40.600
So Holly has her own cookie brand spends $10 million and it's called, they're called Holly's

885
00:42:40.600 --> 00:42:41.600
right?

886
00:42:41.600 --> 00:42:44.800
Just H O L L Y S that's what they're called.

887
00:42:45.440 --> 00:42:46.920
And everybody's following Holly's.

888
00:42:46.920 --> 00:42:47.920
Oh my gosh.

889
00:42:47.920 --> 00:42:49.600
Did you guys get a, did you get any Holly's this year?

890
00:42:49.600 --> 00:42:50.600
Oh, I didn't know.

891
00:42:50.600 --> 00:42:52.120
I've got to make sure I get them.

892
00:42:52.120 --> 00:42:56.040
They should be saying Holly's brand cookies, but they're saying, did you get your Holly's

893
00:42:56.040 --> 00:42:57.040
this year?

894
00:42:57.040 --> 00:42:58.040
Right.

895
00:42:58.040 --> 00:43:05.040
And so all of a sudden this other company comes out and it's called just like Holly's,

896
00:43:05.040 --> 00:43:06.040
you know?

897
00:43:06.040 --> 00:43:07.360
So their ads are saying, we're just like Holly's.

898
00:43:07.360 --> 00:43:08.360
We're just like Holly's.

899
00:43:08.360 --> 00:43:09.560
We're just like Holly's.

900
00:43:09.560 --> 00:43:13.520
Now what they're doing is they're writing your coattails.

901
00:43:13.520 --> 00:43:18.640
They're writing the fact that you have spent tens of millions of dollars in advertising,

902
00:43:18.640 --> 00:43:22.880
high quality products, the best things out there.

903
00:43:22.880 --> 00:43:28.560
And instead of trying to build their own campaign by making a single statement that says, just

904
00:43:28.560 --> 00:43:34.800
like Holly's, they're taking advantage of all the advertising that you did.

905
00:43:34.800 --> 00:43:37.560
And they're putting in the public's mind immediately.

906
00:43:37.560 --> 00:43:41.480
Oh, I know Holly's they're a little pricey.

907
00:43:41.480 --> 00:43:42.480
These are a little cheaper.

908
00:43:42.480 --> 00:43:43.760
Let me buy theirs.

909
00:43:43.760 --> 00:43:51.320
They just bypassed years of marketing, years of like failures and rebranding and everything

910
00:43:51.320 --> 00:43:54.280
just by using your name.

911
00:43:54.280 --> 00:43:55.600
Is that fair?

912
00:43:55.600 --> 00:43:56.600
No.

913
00:43:56.600 --> 00:43:58.520
The answer is no.

914
00:43:58.520 --> 00:44:04.560
If you did all that hard work, you should be able to be the one who has the advantage

915
00:44:04.560 --> 00:44:05.960
of all that hard work.

916
00:44:05.960 --> 00:44:06.960
Right.

917
00:44:06.960 --> 00:44:07.960
So you've got to be careful.

918
00:44:07.960 --> 00:44:14.600
There has to be a there's there's a comparison to see just how much just how much can you

919
00:44:14.600 --> 00:44:15.720
say?

920
00:44:15.720 --> 00:44:20.160
You know, you can't come out with a brand that's called just like Holly's like that's

921
00:44:20.160 --> 00:44:24.600
that's essentially using their trademark in your trademark that they can't do that.

922
00:44:24.600 --> 00:44:25.600
That's not allowed.

923
00:44:25.600 --> 00:44:29.640
Now, can they do an advertisement that says, well, you've tried Holly's.

924
00:44:29.640 --> 00:44:32.600
We're just as good.

925
00:44:32.600 --> 00:44:39.880
If it's true and it's not it's not libelous, meaning it's not a lie, then by all means,

926
00:44:39.880 --> 00:44:45.120
like there's a whole body of law that's focused on comparative advertising.

927
00:44:45.120 --> 00:44:49.840
You know just how much can you do and maybe what I'll do next time is I'll post some articles

928
00:44:49.840 --> 00:44:55.320
on that and I'll post them in the in our group so you can see just what you can and can't

929
00:44:55.320 --> 00:44:58.040
do in comparative advertising.

930
00:44:58.040 --> 00:44:59.040
Right.

931
00:44:59.040 --> 00:45:00.040
Because, you know.

932
00:45:00.000 --> 00:45:03.940
you can, you, Bonnie, all of a sudden says, Man, I'm good at

933
00:45:03.940 --> 00:45:06.120
this challenge thing. I'm gonna start my own challenging

934
00:45:06.120 --> 00:45:09.840
street. And I'm going to call it just as good as Pedro. You know,

935
00:45:09.840 --> 00:45:14.460
it's like, it's like, I'm pretty sure I'm going to get a phone

936
00:45:14.460 --> 00:45:19.040
call. So it's just, you know, it's, it's all of a sudden,

937
00:45:19.040 --> 00:45:22.840
people are thinking, well, hold it. I'm Peter. The mere fact

938
00:45:22.840 --> 00:45:27.720
that you're using his name, you know, is an issue. Because the

939
00:45:27.720 --> 00:45:30.960
fact that what you're doing is, it's basically like unfair

940
00:45:30.960 --> 00:45:34.480
business practice. It's, I'm trying to take advantage of the

941
00:45:34.480 --> 00:45:38.720
other person's name now. But that didn't stop Burger King

942
00:45:39.360 --> 00:45:43.200
from going up against McDonald's and ads. That didn't stop

943
00:45:43.200 --> 00:45:48.120
Wendy's from mentioning McDonald's and Burger King in

944
00:45:48.120 --> 00:45:51.600
their ingredients. When Wendy's had, you know, the snack bar

945
00:45:51.600 --> 00:45:54.320
area where you can add all the lettuce and tomato and onions

946
00:45:54.320 --> 00:45:58.240
and pickles and whatever you want. They came out with an ad

947
00:45:58.240 --> 00:46:02.720
that said, we're not like McDonald's. You can add all the

948
00:46:02.720 --> 00:46:07.160
stuff you want at one price. That's comparative advertising.

949
00:46:08.160 --> 00:46:11.280
But they didn't come out with an ad that says, just like

950
00:46:11.280 --> 00:46:16.800
McDonald's, like that's, that's a little, they just, there's a

951
00:46:16.800 --> 00:46:21.300
line you got to be careful of. And so what I tell people is

952
00:46:21.300 --> 00:46:25.580
just be, just try to stay as far from that line as possible.

953
00:46:26.100 --> 00:46:28.620
Because you just don't want to end up in legal problems if you

954
00:46:28.620 --> 00:46:32.140
don't need to be, you know, is this helping you guys

955
00:46:32.380 --> 00:46:35.220
understanding what you can and can't do? Okay, good. So I'm

956
00:46:35.220 --> 00:46:38.100
going to drop I think I'll drop a few articles that I know of

957
00:46:38.580 --> 00:46:43.380
that speak about what is allowed in comparative advertising. So

958
00:46:43.380 --> 00:46:44.860
if you're going to come out there, and you're going to run a

959
00:46:44.860 --> 00:46:49.580
challenge, and you want to say, you know, just like TED Talks,

960
00:46:50.100 --> 00:46:53.780
or stuff like that, you can say there's certain ways you can do

961
00:46:53.780 --> 00:46:55.980
it. And those articles should kind of give you some more

962
00:46:55.980 --> 00:46:58.340
details on that. Okay.

963
00:46:59.380 --> 00:47:03.300
I've got a quick question. Go ahead, Samuel. So this is along

964
00:47:03.300 --> 00:47:10.620
the lines of dilution. What if you come up with a trademark for

965
00:47:10.660 --> 00:47:15.700
a not necessarily a product, but a process name, and you want to

966
00:47:15.700 --> 00:47:22.500
use it as a verb? Are you diluting it yourself? Like if

967
00:47:22.500 --> 00:47:24.340
you come up with your own trademark? Yeah, your own

968
00:47:24.340 --> 00:47:27.900
trade? Yes. You can end up diluting your own trademark.

969
00:47:27.940 --> 00:47:32.740
This is this is exactly that's actually a defense in

970
00:47:32.740 --> 00:47:39.460
litigation. So if, if, let's say Samuel, you sued, Mark, right,

971
00:47:39.460 --> 00:47:42.300
Mark starts using your trademark, your trademark is

972
00:47:42.300 --> 00:47:45.740
like, Twenda, right? I don't know, I just made it up Twenda.

973
00:47:45.740 --> 00:47:50.140
So now you're using that. And well, you can't really say,

974
00:47:50.540 --> 00:47:56.220
let's say Twenda is, they're like, I don't know, let's say

975
00:47:56.220 --> 00:47:58.620
it's a kind of food item or something like that. So now

976
00:47:58.620 --> 00:48:02.180
instead of instead of people saying, Hey, can you get some of

977
00:48:02.180 --> 00:48:07.660
the Twenda brand supplement? Everybody just said, everybody

978
00:48:07.660 --> 00:48:10.260
just starts talking about Twenda. That's it. They don't.

979
00:48:10.540 --> 00:48:13.180
They use it in a descriptive manner. So now instead of

980
00:48:13.180 --> 00:48:17.660
saying, like the brand of vanilla bean that you buy, or

981
00:48:17.660 --> 00:48:20.740
the brand of vanilla extract that you buy, they just use the

982
00:48:20.740 --> 00:48:22.820
name. They just say Twenda.

983
00:48:23.060 --> 00:48:27.140
What if, what if the name itself is descriptive? Like it's

984
00:48:27.140 --> 00:48:27.780
describing

985
00:48:27.780 --> 00:48:31.180
it never should have been a trademark. Really? Yeah. I

986
00:48:31.180 --> 00:48:33.380
mean, because you can't get a federal registration on a

987
00:48:33.380 --> 00:48:37.460
descriptive mark, unless there's an exception to the rule. All

988
00:48:37.460 --> 00:48:41.100
right. So this goes back to Jennifer's question, which was

989
00:48:41.100 --> 00:48:43.540
descriptiveness, right? That was part of what we were kind of

990
00:48:43.540 --> 00:48:48.740
talking about a little bit there. So with trademarks,

991
00:48:48.780 --> 00:48:50.940
they're not allowed to be descriptive of the goods or the

992
00:48:50.940 --> 00:48:54.220
services. Because if you get a federal registration on a on a

993
00:48:54.220 --> 00:48:58.900
trademark, that's descriptive, then nobody can ever use those

994
00:48:58.900 --> 00:49:06.860
words to describe the goods. So if you have, if you have a wood

995
00:49:06.860 --> 00:49:11.420
company, and you make red doors, you can't own the name

996
00:49:11.420 --> 00:49:19.420
red door in construction or in, in, in carpentry, you can't own

997
00:49:19.420 --> 00:49:23.180
red door. Why? Because then anybody that sees a red door

998
00:49:23.180 --> 00:49:29.180
that says, Oh, I'm gonna sell red doors at Lowe's, boom,

999
00:49:29.180 --> 00:49:33.260
trademark infringement. So what are you supposed to say? Oh,

1000
00:49:33.260 --> 00:49:37.060
they're blood. They're blood colored doors. Like no, like you

1001
00:49:37.060 --> 00:49:40.820
need to say red. You say door. So the United States Patent

1002
00:49:40.820 --> 00:49:43.700
Trademark Office won't allow you to get a federal registration

1003
00:49:44.220 --> 00:49:49.420
for red door lipstick. Yes, you can get that. Absolutely. You

1004
00:49:49.420 --> 00:49:54.340
could also have red door perfume. Right? My wife uses

1005
00:49:54.340 --> 00:49:58.060
red door for the perfume. So that's fine. But what you can't

1006
00:49:58.060 --> 00:49:59.940
do is get red door

1007
00:50:00.000 --> 00:50:03.640
doors, because that's descriptive of the doors.

1008
00:50:03.640 --> 00:50:06.720
So I think maybe I should refine what I'm saying,

1009
00:50:06.720 --> 00:50:10.320
because I'm talking about being descriptive of a process

1010
00:50:10.320 --> 00:50:12.580
and not necessarily a product.

1011
00:50:12.580 --> 00:50:13.080
Sure.

1012
00:50:13.080 --> 00:50:13.840
Does that make a difference?

1013
00:50:13.840 --> 00:50:15.360
Is it the same applies?

1014
00:50:15.360 --> 00:50:18.400
Yeah, so when you file a trademark application,

1015
00:50:18.400 --> 00:50:22.200
you have the registration of goods and services, right?

1016
00:50:22.200 --> 00:50:26.880
So if it's like for t-shirts, it'll say t-shirts.

1017
00:50:26.880 --> 00:50:30.120
But if the service might be the manufacturing of t-shirts,

1018
00:50:30.120 --> 00:50:34.360
right, so that would be the description of the service.

1019
00:50:34.360 --> 00:50:36.040
If in the description of the service,

1020
00:50:36.040 --> 00:50:38.840
the words that you would use to describe the service

1021
00:50:38.840 --> 00:50:43.400
are the actual trademark, that's not allowed.

1022
00:50:43.400 --> 00:50:48.040
OK, so think of it this way.

1023
00:50:48.040 --> 00:50:51.360
Let's say that you come up with a new trademark that's

1024
00:50:51.360 --> 00:50:56.680
like kingdom finance, or no, kingdom revenue.

1025
00:50:56.680 --> 00:50:58.520
Let's say it's called kingdom revenue, right?

1026
00:51:01.520 --> 00:51:03.480
And so in your recitation of services,

1027
00:51:03.480 --> 00:51:07.840
it says how to increase your revenue

1028
00:51:07.840 --> 00:51:10.840
by use of kingdom principles.

1029
00:51:10.840 --> 00:51:13.560
I mean, you just shot yourself in the foot

1030
00:51:13.560 --> 00:51:15.200
in your own recitation of services,

1031
00:51:15.200 --> 00:51:17.360
because you're using the word kingdom in there

1032
00:51:17.360 --> 00:51:19.440
and you're using the word revenue in there.

1033
00:51:19.440 --> 00:51:23.280
And so your trademark is kind of descriptive

1034
00:51:23.280 --> 00:51:25.040
of your own services.

1035
00:51:25.080 --> 00:51:26.600
And the United States Patent and Trademark Office

1036
00:51:26.600 --> 00:51:27.880
is going to go, no, no, no, no.

1037
00:51:27.880 --> 00:51:29.880
You can't, because if we give you that,

1038
00:51:29.880 --> 00:51:32.720
then you're never going to be able to describe the services.

1039
00:51:32.720 --> 00:51:34.800
Like I can't give you a trademark

1040
00:51:34.800 --> 00:51:37.080
for something that's descriptive.

1041
00:51:37.080 --> 00:51:37.920
Does that make sense?

1042
00:51:37.920 --> 00:51:39.400
Yes, yes.

1043
00:51:39.400 --> 00:51:41.520
That's helpful.

1044
00:51:41.520 --> 00:51:43.800
They'll do that analysis to determine whether or not

1045
00:51:43.800 --> 00:51:46.160
they're going to allow your trademark to register.

1046
00:51:46.160 --> 00:51:48.720
So now let's say that you use your trademark

1047
00:51:48.720 --> 00:51:50.640
in a descriptive manner now.

1048
00:51:50.640 --> 00:51:54.080
So now you own kingdom revenue.

1049
00:51:54.080 --> 00:51:56.040
So now on all of your ads,

1050
00:51:56.040 --> 00:52:01.040
you're saying increase your revenue using kingdom values,

1051
00:52:01.720 --> 00:52:05.600
or you just come out and say, kingdom revenue,

1052
00:52:05.600 --> 00:52:09.720
we'll say kingdom revenue.

1053
00:52:09.720 --> 00:52:11.920
Kingdom revenue increases

1054
00:52:11.920 --> 00:52:14.840
when you apply the principles of God.

1055
00:52:14.840 --> 00:52:16.840
So that's descriptive.

1056
00:52:16.840 --> 00:52:18.880
Instead of just saying kingdom revenue,

1057
00:52:18.880 --> 00:52:22.040
and then underneath it, you talk about what you do.

1058
00:52:22.040 --> 00:52:23.320
Those are two different things.

1059
00:52:23.320 --> 00:52:24.360
Yeah.

1060
00:52:24.360 --> 00:52:25.200
Yeah.

1061
00:52:25.200 --> 00:52:26.280
Okay.

1062
00:52:26.280 --> 00:52:28.200
So that, again, it goes back to,

1063
00:52:28.200 --> 00:52:31.320
don't seek trademarks for descriptive things.

1064
00:52:31.320 --> 00:52:32.920
You end up wasting a lot of money.

1065
00:52:32.920 --> 00:52:34.440
Now there's an exception to this,

1066
00:52:34.440 --> 00:52:35.440
just so you guys know,

1067
00:52:35.440 --> 00:52:38.000
because you guys are more advanced than most.

1068
00:52:38.000 --> 00:52:39.680
There's an exception to this rule.

1069
00:52:40.600 --> 00:52:42.160
Okay.

1070
00:52:42.160 --> 00:52:45.640
And it's called acquired distinctiveness.

1071
00:52:46.560 --> 00:52:47.400
All right.

1072
00:52:47.400 --> 00:52:49.680
Acquired distinctiveness.

1073
00:52:49.680 --> 00:52:53.680
What that means is that if you've been using this thing

1074
00:52:53.680 --> 00:52:56.960
for like five or 10 years, right?

1075
00:52:56.960 --> 00:53:00.280
And everybody in the industry is kind of getting to know

1076
00:53:00.280 --> 00:53:04.800
you as being the foundation of that term,

1077
00:53:04.800 --> 00:53:08.400
even though it might be considered to be kinda descriptive.

1078
00:53:08.400 --> 00:53:09.640
Now this doesn't work for things

1079
00:53:09.640 --> 00:53:11.400
that are definitely descriptive.

1080
00:53:11.400 --> 00:53:14.280
Like, you know, brown door, can't get it in construction.

1081
00:53:14.280 --> 00:53:15.920
Like it's not gonna happen.

1082
00:53:15.920 --> 00:53:19.360
But if it's kind of like, you know,

1083
00:53:20.040 --> 00:53:23.600
if it's kind of like brown,

1084
00:53:25.120 --> 00:53:27.880
I don't know, brown portal or something like that,

1085
00:53:27.880 --> 00:53:30.560
you know, so it's like that there does

1086
00:53:30.560 --> 00:53:32.160
for brown doors essentially,

1087
00:53:32.160 --> 00:53:34.040
but it's called brown portal.

1088
00:53:34.040 --> 00:53:36.120
Somebody might say, well, it's kind of descriptive

1089
00:53:36.120 --> 00:53:38.160
because a door is really a portal.

1090
00:53:38.160 --> 00:53:39.400
So we think it's descriptive.

1091
00:53:39.400 --> 00:53:41.200
Then what you can do if they reject it

1092
00:53:41.200 --> 00:53:43.240
is you can ask for it to be registered

1093
00:53:43.240 --> 00:53:45.360
under the supplemental register.

1094
00:53:45.360 --> 00:53:48.080
It's called the supplemental register, right?

1095
00:53:48.080 --> 00:53:50.680
A lot of people have never heard of this.

1096
00:53:50.680 --> 00:53:53.760
If they reject your trademark as merely descriptive,

1097
00:53:55.000 --> 00:53:57.240
you can potentially tell them,

1098
00:53:58.160 --> 00:54:00.680
I want to register it under the supplemental register.

1099
00:54:00.680 --> 00:54:03.200
To get a registration under the supplemental register,

1100
00:54:03.200 --> 00:54:05.880
you have to have been using it for five years at least,

1101
00:54:05.880 --> 00:54:08.840
exclusively for at least five years, okay?

1102
00:54:08.840 --> 00:54:10.360
So this is what you do.

1103
00:54:10.360 --> 00:54:12.600
If you get a rejection on your trademark application

1104
00:54:12.600 --> 00:54:14.240
and you're thinking that's not descriptive

1105
00:54:14.240 --> 00:54:16.840
and the USPTO is thinking it is descriptive,

1106
00:54:16.840 --> 00:54:19.440
ask your lawyer about the supplemental register.

1107
00:54:20.800 --> 00:54:21.920
Just say to them,

1108
00:54:21.920 --> 00:54:23.520
can I put this on the supplemental register?

1109
00:54:23.520 --> 00:54:26.040
And they'll say to you, how in the world do you know

1110
00:54:26.040 --> 00:54:27.400
what the supplemental register is?

1111
00:54:27.400 --> 00:54:28.960
Because a lot of lawyers don't know

1112
00:54:28.960 --> 00:54:31.520
what the supplemental register is, okay?

1113
00:54:31.520 --> 00:54:35.280
But that's a loophole because what that does now

1114
00:54:35.280 --> 00:54:38.440
is if you get a registered on the supplemental register,

1115
00:54:38.440 --> 00:54:42.560
that means nobody can ever file for that same name ever

1116
00:54:42.560 --> 00:54:44.120
because you have preemptive rights

1117
00:54:44.120 --> 00:54:45.720
under the supplemental register.

1118
00:54:45.720 --> 00:54:49.240
You may not have a federal registration with the USPTO

1119
00:54:49.240 --> 00:54:50.720
as a normal federal trademark,

1120
00:54:50.720 --> 00:54:53.200
but nobody else could get what you have.

1121
00:54:54.520 --> 00:54:57.320
And if you're continuing to use something over and over,

1122
00:55:00.000 --> 00:55:04.140
It can grow in strength, even though it's arguably

1123
00:55:04.140 --> 00:55:04.740
descriptive.

1124
00:55:04.740 --> 00:55:06.740
So it's an exception to the rule.

1125
00:55:06.740 --> 00:55:08.200
Don't rely upon it.

1126
00:55:08.200 --> 00:55:09.500
It's something that's out there.

1127
00:55:09.500 --> 00:55:11.740
Jodi, do you have a question?

1128
00:55:11.740 --> 00:55:12.500
OK.

1129
00:55:12.500 --> 00:55:13.060
All right.

1130
00:55:13.060 --> 00:55:14.180
Let me look through a chat.

1131
00:55:14.180 --> 00:55:15.980
If any of you have had a question through this,

1132
00:55:15.980 --> 00:55:17.300
I haven't looked through a chat.

1133
00:55:17.300 --> 00:55:21.780
So does the name apply?

1134
00:55:21.780 --> 00:55:26.300
Jodi said, does that apply to a company name?

1135
00:55:26.300 --> 00:55:28.340
You mean descriptiveness?

1136
00:55:28.340 --> 00:55:30.100
Yeah, same thing.

1137
00:55:30.100 --> 00:55:32.060
Trademarks can be company names.

1138
00:55:32.060 --> 00:55:33.740
They can be goods.

1139
00:55:33.740 --> 00:55:34.900
They can be services.

1140
00:55:34.900 --> 00:55:37.660
They can be lots of different things.

1141
00:55:37.660 --> 00:55:40.380
Can they be, I'm sure you told us this in the challenge,

1142
00:55:40.380 --> 00:55:42.060
but can they be goods and services

1143
00:55:42.060 --> 00:55:46.100
for the same one, the same trademark covering both?

1144
00:55:46.100 --> 00:55:48.420
Yes, but that would be two different trade.

1145
00:55:48.420 --> 00:55:50.620
So you can file one trademark application,

1146
00:55:50.620 --> 00:55:52.120
but you're going to end up selecting

1147
00:55:52.120 --> 00:55:54.020
two international classes.

1148
00:55:54.020 --> 00:55:56.700
Because goods are a different international class

1149
00:55:56.700 --> 00:55:59.180
from services.

1150
00:55:59.180 --> 00:56:01.380
So that means you're going to end up paying,

1151
00:56:01.380 --> 00:56:03.700
if you're paying $275 per class, you're

1152
00:56:03.700 --> 00:56:06.340
going to end up paying $550.

1153
00:56:06.340 --> 00:56:10.540
Because goods and services don't fall into the same class.

1154
00:56:10.540 --> 00:56:16.340
The USPTO separated them, arguably to get more money.

1155
00:56:16.340 --> 00:56:18.220
OK.

1156
00:56:18.220 --> 00:56:19.340
Who knew?

1157
00:56:19.340 --> 00:56:21.900
Let me just see if there's any other questions in the chat

1158
00:56:21.900 --> 00:56:23.340
before I move on.

1159
00:56:27.380 --> 00:56:29.980
Jill had an interesting question.

1160
00:56:29.980 --> 00:56:30.500
What is it?

1161
00:56:30.500 --> 00:56:31.220
I didn't see it.

1162
00:56:34.300 --> 00:56:36.940
I said, can I?

1163
00:56:36.940 --> 00:56:39.660
Dan, can I tell my competitors that they need to stop

1164
00:56:39.660 --> 00:56:40.860
before I nearly miss them?

1165
00:56:40.860 --> 00:56:42.700
That's awesome.

1166
00:56:42.700 --> 00:56:46.100
So that's where I said, can a community

1167
00:56:46.100 --> 00:56:50.340
turn a trademark into descriptive jargon

1168
00:56:50.340 --> 00:56:52.420
without being accused of dilution?

1169
00:56:52.420 --> 00:56:55.540
For example, be sure you nearly miss the word

1170
00:56:55.580 --> 00:56:57.700
Be sure you need it as your IP.

1171
00:56:57.700 --> 00:56:58.740
Yeah.

1172
00:56:58.740 --> 00:56:59.620
Yes.

1173
00:56:59.620 --> 00:57:02.500
And me personally, I think that's flattering,

1174
00:57:02.500 --> 00:57:03.260
quite frankly.

1175
00:57:03.260 --> 00:57:06.540
I mean, that's humbling if people do that.

1176
00:57:06.540 --> 00:57:07.700
I have no problem with it.

1177
00:57:07.700 --> 00:57:12.540
But I can tell you that if you start saying every,

1178
00:57:12.540 --> 00:57:14.820
let's say you have a software development group

1179
00:57:14.820 --> 00:57:17.180
and everybody has their own software development

1180
00:57:17.180 --> 00:57:19.700
that they do, and every time people get together,

1181
00:57:19.700 --> 00:57:22.500
you say, you know what, you need to Microsoft that.

1182
00:57:23.500 --> 00:57:26.580
That's diluting the trademark Microsoft.

1183
00:57:26.580 --> 00:57:29.180
And so I'm sure Microsoft would be upset about that

1184
00:57:29.180 --> 00:57:31.500
if your group kept growing and growing and growing

1185
00:57:31.500 --> 00:57:34.340
and you started having ads saying, hey,

1186
00:57:34.340 --> 00:57:38.700
stop trying to bring something forward yourself.

1187
00:57:38.700 --> 00:57:41.340
Microsoft it.

1188
00:57:41.340 --> 00:57:43.060
They're going to come after you and say,

1189
00:57:43.060 --> 00:57:44.300
you're diluting our trademark.

1190
00:57:44.300 --> 00:57:47.020
You can't do that.

1191
00:57:47.020 --> 00:57:50.820
They won't be as flattered.

1192
00:57:50.940 --> 00:57:51.780
Okay.

1193
00:57:51.780 --> 00:57:54.700
I think we've hit that and we hit the questions on that.

1194
00:57:54.700 --> 00:57:56.660
So I think we're fine there.

1195
00:57:56.660 --> 00:57:57.500
All right.

1196
00:57:57.500 --> 00:57:59.620
So let me open it up for any questions here

1197
00:57:59.620 --> 00:58:01.460
before I look at some of the other questions

1198
00:58:01.460 --> 00:58:03.620
that Joe had and Jennifer.

1199
00:58:03.620 --> 00:58:05.340
Anybody have any questions on anything specific

1200
00:58:05.340 --> 00:58:07.140
happening within your company?

1201
00:58:07.140 --> 00:58:09.940
Well, I'll just add to that question that I asked.

1202
00:58:11.580 --> 00:58:14.500
What do you do if your company name is descriptive?

1203
00:58:14.500 --> 00:58:16.020
Because I think that's what mine is.

1204
00:58:16.020 --> 00:58:17.860
That's a great question.

1205
00:58:17.860 --> 00:58:19.780
That's a great question.

1206
00:58:19.780 --> 00:58:22.740
And been using it a lot of years, huh?

1207
00:58:22.740 --> 00:58:23.940
Do you want to discuss it now

1208
00:58:23.940 --> 00:58:25.980
or do you want to discuss it offline?

1209
00:58:25.980 --> 00:58:27.180
The name of your company?

1210
00:58:29.180 --> 00:58:30.140
We'll do it offline then.

1211
00:58:30.140 --> 00:58:31.780
So, all right.

1212
00:58:31.780 --> 00:58:34.060
So let's say that you do have a quote unquote

1213
00:58:34.060 --> 00:58:35.940
descriptive name, right?

1214
00:58:36.860 --> 00:58:41.300
What you could do is you could create a DBA, right?

1215
00:58:41.300 --> 00:58:44.500
You could create a DBA with a name

1216
00:58:44.500 --> 00:58:47.580
that actually is distinctive

1217
00:58:47.580 --> 00:58:50.140
and then file a trademark for the distinctive name.

1218
00:58:50.140 --> 00:58:52.860
And then when you file the trademark application,

1219
00:58:52.860 --> 00:58:56.180
you can list the DBA, right?

1220
00:58:56.180 --> 00:58:58.300
So you'll list the original company,

1221
00:58:58.300 --> 00:59:00.060
but then when you file the trademark application,

1222
00:59:00.060 --> 00:59:02.420
it'll say doing business as,

1223
00:59:02.420 --> 00:59:05.980
and it'll have the name of the trademark there, right?

1224
00:59:05.980 --> 00:59:10.660
So that way you can enforce your trademark anywhere.

1225
00:59:12.540 --> 00:59:16.380
Because the problem is you can't stop people

1226
00:59:16.380 --> 00:59:18.820
from using a descriptive term.

1227
00:59:20.020 --> 00:59:22.020
So as you grow and grow and grow

1228
00:59:22.020 --> 00:59:23.860
and other people start saying,

1229
00:59:23.860 --> 00:59:26.180
man, that name, I like that name a lot.

1230
00:59:26.180 --> 00:59:27.300
I think I'm going to use it.

1231
00:59:27.300 --> 00:59:28.620
You can't stop them.

1232
00:59:29.820 --> 00:59:34.260
But remember, descriptiveness is based on the goods

1233
00:59:34.260 --> 00:59:37.180
or the services that are associated with them, right?

1234
00:59:37.180 --> 00:59:40.060
So again, red door is not descriptive of perfume.

1235
00:59:42.220 --> 00:59:43.340
So you can use red door.

1236
00:59:43.340 --> 00:59:44.860
You use red door for computers.

1237
00:59:44.860 --> 00:59:48.580
You can use red door for tires.

1238
00:59:50.740 --> 00:59:53.020
You know, I mean, you can,

1239
00:59:53.020 --> 00:59:55.740
so just because a certain phrase

1240
00:59:55.740 --> 00:59:58.940
is descriptive in one international class

1241
00:59:58.940 --> 01:00:00.140
does not mean that it's.

1242
01:00:00.000 --> 01:00:04.320
descriptive in all international classes. That's what I want you to remember.

1243
01:00:07.120 --> 01:00:11.680
So if you do have a descriptive name for your company now, that's okay. Come up with a DBA.

1244
01:00:11.680 --> 01:00:16.000
If you want to be able to say that this is my name and I don't want anybody else using it,

1245
01:00:16.000 --> 01:00:20.160
especially if you're growing because you don't want to be growing with a generic name.

1246
01:00:20.160 --> 01:00:31.120
You don't want to come out with, you know, like Kingdom Marriage and you're in marriage

1247
01:00:31.120 --> 01:00:35.520
counseling. You're in ministry for marriage counseling and the name of your company is

1248
01:00:35.520 --> 01:00:44.240
Kingdom Marriage. That is not a good name for a company because all these other people are

1249
01:00:44.240 --> 01:00:51.520
bringing, they're focused on a Kingdom Marriage. So now how is anybody supposed to know, oh I want

1250
01:00:51.520 --> 01:00:56.640
to go to Jodi. Her program is one of the best out there. How do I find it? Let me go on Google

1251
01:00:56.640 --> 01:01:01.760
Kingdom Marriage. It's like a thousand other people that have that name. How do I find her,

1252
01:01:01.760 --> 01:01:08.560
right? So you're actually serving your people better when you have your own trademark, when

1253
01:01:08.560 --> 01:01:13.280
you have your own name. You're serving them better because now they know where to receive

1254
01:01:13.280 --> 01:01:21.760
that same quality of service or product, right? And especially if you're a Christian-based or

1255
01:01:21.760 --> 01:01:25.840
focused business and you're trying to bring the Kingdom forward, you want to make sure they can

1256
01:01:25.840 --> 01:01:37.120
find you easily. Jesus didn't hide. He didn't go out putting out ads, but he kind of did because

1257
01:01:37.120 --> 01:01:43.040
he had people announcing his presence before he showed up. So I'd say his number

1258
01:01:43.040 --> 01:01:52.880
one advertiser was the Holy Spirit. So other people knew. What you're doing is

1259
01:01:52.880 --> 01:01:56.960
important. There's nothing wrong with advertising and making sure people know about it, but make sure

1260
01:01:56.960 --> 01:02:02.400
that you have a distinctive name when you do that. You're a creative genius.

1261
01:02:02.400 --> 01:02:10.720
Hold on. Somebody owns your creative genius? That's not really necessarily. That's not

1262
01:02:10.720 --> 01:02:20.480
technically descriptive. You're a creative genius? I mean, what would that be descriptive of?

1263
01:02:24.480 --> 01:02:30.560
So I don't think that's so bad. So anyways, I can't give legal advice here, but I wouldn't think

1264
01:02:30.560 --> 01:02:39.600
that that's horrible. Uh-oh. With that, let me move to some of these other questions

1265
01:02:39.600 --> 01:02:42.320
that some of the people have. Yeah, go ahead, Jo.

1266
01:02:44.320 --> 01:02:54.080
Unmute. Okay. So part of what I'm developing is an IP development community. How do I protect

1267
01:02:54.720 --> 01:03:00.640
each other from each other so that that space feels safe? Yeah, that's a great question.

1268
01:03:00.640 --> 01:03:06.880
During development. So you're doing live, you have a live environment,

1269
01:03:08.160 --> 01:03:11.200
and people were sharing there in the live environment?

1270
01:03:14.000 --> 01:03:20.160
Well, at my hire ticket, yes. So it's not entirely a map. I mean,

1271
01:03:20.480 --> 01:03:27.120
it's not entirely a map. I mean, I'm putting together a mastermind eventually, but right now,

1272
01:03:27.120 --> 01:03:35.200
it's hot seats, but there is a community where they can share in it and ask questions and get

1273
01:03:35.200 --> 01:03:48.480
feedback, but they're sharing IP ideas. Yeah, that's a problem. This is why when I'm in certain

1274
01:03:48.480 --> 01:03:53.760
groups that I'm involved in, and I see people starting to say their trademarks, their ideas,

1275
01:03:53.760 --> 01:03:59.680
I cringe because I just know people can be losing rights immediately just by disclosing certain

1276
01:03:59.680 --> 01:04:04.800
things. Like in the patent world, there are statutory bars. In the United States, there's

1277
01:04:04.800 --> 01:04:10.400
three statutory bars, right? There's the public use bar, the offer for sale bar, and the publication

1278
01:04:10.400 --> 01:04:17.840
bar. But in foreign countries, there's no statutory bar. It's an absolute non-disclosure requirement.

1279
01:04:17.920 --> 01:04:22.400
So if in one of your meetings, they start disclosing their invention, they can lose rights

1280
01:04:23.040 --> 01:04:26.960
throughout the world, except in the United States where they can file within one year.

1281
01:04:27.760 --> 01:04:36.880
So it's really messy. So even an NDA, if it was a... I mean, primarily, we're starting through

1282
01:04:36.880 --> 01:04:42.800
storybooks. So it's characters and worlds and things that will be copyrighted as soon as their

1283
01:04:42.800 --> 01:04:47.520
book is published. And they will have the rights to that. But is there...

1284
01:04:49.680 --> 01:04:53.200
Would NDAs that they all sign? Is there some legal document?

1285
01:04:53.200 --> 01:04:58.400
NDAs are contractual obligations between individuals to hold them accountable to not

1286
01:04:58.400 --> 01:04:59.840
disclosing. They don't...

1287
01:05:00.000 --> 01:05:03.080
don't stop statutory bars from ticking.

1288
01:05:03.080 --> 01:05:05.640
In the United States, there's three statutory bars.

1289
01:05:05.640 --> 01:05:08.320
Those statutory bars don't care if you file an NDA

1290
01:05:08.320 --> 01:05:10.680
or if you're in the NBA, they don't care.

1291
01:05:10.680 --> 01:05:11.840
There's no difference.

1292
01:05:11.840 --> 01:05:12.680
It has no bearing on-

1293
01:05:12.680 --> 01:05:13.640
And that's for what?

1294
01:05:13.640 --> 01:05:16.200
Trademark or copyright or everything?

1295
01:05:16.200 --> 01:05:21.200
That's, well, the statutory bars apply to patents only.

1296
01:05:22.760 --> 01:05:25.680
Okay, so if I wasn't talking about any inventions

1297
01:05:25.680 --> 01:05:27.080
or software or anything like that,

1298
01:05:27.080 --> 01:05:29.040
we were just doing things that would be copyrightable

1299
01:05:29.080 --> 01:05:30.880
or trademarkable?

1300
01:05:30.880 --> 01:05:34.960
Well, in the copyright world, the second that I create

1301
01:05:34.960 --> 01:05:38.120
something, I have rights under it immediately.

1302
01:05:38.120 --> 01:05:41.640
The second that I create it, second that I place it

1303
01:05:41.640 --> 01:05:44.920
in some kind of fixable form, I now have rights

1304
01:05:44.920 --> 01:05:47.960
associated with it immediately, okay?

1305
01:05:47.960 --> 01:05:50.000
Whether or not I file a copyright or not,

1306
01:05:50.000 --> 01:05:51.840
I have certain rights immediately.

1307
01:05:51.840 --> 01:05:55.240
So if you had an NDA, if I had an NDA in my group

1308
01:05:55.240 --> 01:05:58.120
and then people just started disclosing,

1309
01:05:58.120 --> 01:06:00.800
well, this is what my book's gonna cover, blah, blah, blah.

1310
01:06:00.800 --> 01:06:05.520
And the subject matter of the book

1311
01:06:05.520 --> 01:06:07.640
is not protectable by copyright.

1312
01:06:07.640 --> 01:06:10.360
Copyright does not protect subject matter.

1313
01:06:10.360 --> 01:06:13.640
Copyright protects the embodiment of the idea,

1314
01:06:13.640 --> 01:06:15.400
meaning the book itself.

1315
01:06:15.400 --> 01:06:16.840
Okay.

1316
01:06:16.840 --> 01:06:21.840
So the concept of, I've got a book,

1317
01:06:21.840 --> 01:06:24.680
there's this guy, he's actually a ranger.

1318
01:06:24.680 --> 01:06:27.080
That's what he does for a living in New Hampshire.

1319
01:06:27.080 --> 01:06:29.160
He goes deep in the woods because he hears

1320
01:06:29.160 --> 01:06:30.880
that there's a bear that's been wounded.

1321
01:06:30.880 --> 01:06:32.760
He goes out to put it out of its misery

1322
01:06:32.760 --> 01:06:34.080
because it's causing some problems.

1323
01:06:34.080 --> 01:06:38.080
As he's out there, he finds a small pool of water.

1324
01:06:38.080 --> 01:06:40.240
When he goes to the small pool of water

1325
01:06:40.240 --> 01:06:42.520
and he reaches in because he wants a drink,

1326
01:06:42.520 --> 01:06:45.040
he's transported into another world.

1327
01:06:45.040 --> 01:06:48.080
When he gets into the other world, he finds this woman.

1328
01:06:48.080 --> 01:06:49.800
This woman is familiar with the area.

1329
01:06:49.800 --> 01:06:52.680
She starts to introduce him to her family

1330
01:06:52.680 --> 01:06:54.840
and he becomes a member of their tribe.

1331
01:06:54.840 --> 01:06:57.200
And that starts a whole new adventure.

1332
01:06:57.200 --> 01:07:00.720
That concept there, I don't own that concept

1333
01:07:00.720 --> 01:07:02.560
through copyright.

1334
01:07:02.560 --> 01:07:05.880
I own the book that I wrote about that.

1335
01:07:09.280 --> 01:07:12.160
That's the words that are written, copyright covers.

1336
01:07:12.160 --> 01:07:14.800
But the concept of that, you can take that exact

1337
01:07:14.800 --> 01:07:16.200
same concept and write your own book.

1338
01:07:16.200 --> 01:07:17.160
I can't stop you.

1339
01:07:18.320 --> 01:07:20.160
So when you have these meetings talking

1340
01:07:20.160 --> 01:07:22.160
about people's concepts,

1341
01:07:23.160 --> 01:07:28.040
a non-disclosure agreement is helpful for concepts

1342
01:07:28.040 --> 01:07:31.040
to make sure other people don't steal their concepts.

1343
01:07:32.880 --> 01:07:35.120
And in an NDA, it actually does say in there,

1344
01:07:35.120 --> 01:07:39.680
if you've derived it yourself or by a third party

1345
01:07:39.680 --> 01:07:43.760
or it's publicly available, then the NDA is null and void.

1346
01:07:43.760 --> 01:07:46.080
That language is always in an NDA.

1347
01:07:46.080 --> 01:07:48.920
So let's say you disclose something to me, Jill,

1348
01:07:48.920 --> 01:07:50.480
and I'm thinking, well, I've been working on that

1349
01:07:50.480 --> 01:07:51.320
for six months.

1350
01:07:51.320 --> 01:07:52.840
I've got proof of that.

1351
01:07:52.840 --> 01:07:54.960
I'm not gonna be locked in by this NDA

1352
01:07:54.960 --> 01:07:56.880
when I've been coming up with the same stuff myself

1353
01:07:56.880 --> 01:07:58.480
for years, right?

1354
01:07:58.480 --> 01:08:01.440
So that's an exception to the NDA that's in the NDA.

1355
01:08:01.440 --> 01:08:03.920
So I would continue having the NDA,

1356
01:08:03.920 --> 01:08:06.480
just know that within the group,

1357
01:08:06.480 --> 01:08:08.080
you can't stop a statutory bar.

1358
01:08:08.080 --> 01:08:10.520
Somebody starts talking about their invention.

1359
01:08:10.520 --> 01:08:13.560
Somebody says, I've got a new medical device

1360
01:08:13.560 --> 01:08:16.120
and the medical device can be utilized

1361
01:08:17.000 --> 01:08:21.600
to assist in taking out the tonsils, right?

1362
01:08:21.600 --> 01:08:24.479
And it has this part and this part and this part

1363
01:08:24.479 --> 01:08:25.920
and they start talking about it.

1364
01:08:25.920 --> 01:08:30.319
That's disclosing the invention in your group meeting.

1365
01:08:30.319 --> 01:08:32.319
And so I would stop them immediately

1366
01:08:32.319 --> 01:08:35.399
because if they disclose that in foreign countries,

1367
01:08:35.399 --> 01:08:37.000
foreign countries, you may not be able

1368
01:08:37.000 --> 01:08:38.359
to obtain any rights at all.

1369
01:08:38.359 --> 01:08:41.520
Now, to really get you guys confused, why not?

1370
01:08:41.520 --> 01:08:43.160
We're at it already, so let's go deeper.

1371
01:08:43.160 --> 01:08:45.680
All right, so let's, and you got the videos.

1372
01:08:46.279 --> 01:08:48.080
You can watch it and then shoot a question later.

1373
01:08:48.080 --> 01:08:51.240
So if you really wanna get confused,

1374
01:08:51.240 --> 01:08:55.760
in foreign countries, NDAs do get rid of statutory bars.

1375
01:08:55.760 --> 01:08:58.160
So the reason why is that there are no statutory bars

1376
01:08:58.160 --> 01:08:59.000
in foreign countries.

1377
01:08:59.000 --> 01:09:01.760
So the way it works is that there's an absolute

1378
01:09:01.760 --> 01:09:03.800
non-disclosure requirement.

1379
01:09:03.800 --> 01:09:08.560
But if there's an NDA between certain individuals,

1380
01:09:08.560 --> 01:09:12.040
not like a big conference, that's not really an NDA.

1381
01:09:12.040 --> 01:09:14.319
That's like, that's different.

1382
01:09:14.359 --> 01:09:17.680
But if there's a small group and you have an NDA in place,

1383
01:09:17.680 --> 01:09:20.920
that technically is supposed to be an exception

1384
01:09:20.920 --> 01:09:23.920
to disclosing in a foreign country.

1385
01:09:24.960 --> 01:09:27.399
But it does not work in the United States.

1386
01:09:27.399 --> 01:09:30.000
So in the United States, any publication,

1387
01:09:30.000 --> 01:09:33.279
any offer for sale or any public use

1388
01:09:33.279 --> 01:09:34.720
starts the one-year clock.

1389
01:09:34.720 --> 01:09:36.120
You have one year to file a patent.

1390
01:09:36.120 --> 01:09:38.160
If you don't, it's donated to the public.

1391
01:09:40.080 --> 01:09:42.040
Okay, so perhaps I should have clarified.

1392
01:09:42.040 --> 01:09:43.880
When I talked about IP development,

1393
01:09:44.439 --> 01:09:46.399
I was mostly story development.

1394
01:09:46.399 --> 01:09:49.200
And so there's no patents.

1395
01:09:49.200 --> 01:09:51.640
Yeah, so, okay.

1396
01:09:51.640 --> 01:09:54.080
So yeah, there would be no,

1397
01:09:54.080 --> 01:09:57.200
I mean, if someone started talking about an invention,

1398
01:09:57.200 --> 01:09:59.240
I'd cut it off, but that's not.

1399
01:10:00.000 --> 01:10:12.000
The way I would do it then, if this were my group, you see how I run my groups here. I don't let people just kind of start talking about their inventions. I cut them off.

1400
01:10:12.000 --> 01:10:21.000
Or if they're going to talk about a trademark, I say, think seriously before you tell me that thing, because there's other people here. I know them, I like them, but I don't know what they do on the side.

1401
01:10:21.000 --> 01:10:36.000
So, with that being the case, I would try to control it. I like the idea of an NDA. NDAs are great. It stops people from taking the general idea. I would just make sure your NDA is clear.

1402
01:10:36.000 --> 01:10:48.000
I would have some language in there that says, during our time together, there will be disclosures of storylines that are provided by certain individuals.

1403
01:10:48.000 --> 01:11:00.000
This NDA is intended to cover those storylines. Under this NDA, you're not allowed to take any of those storylines and write a book on that same subject matter.

1404
01:11:00.000 --> 01:11:16.000
I would make it very clear in the NDA. Make it customized to your group. And that should give you a little more freedom. But in copyright law, again, the second that you write something, you have protection, whether you file the copyright application or not.

1405
01:11:16.000 --> 01:11:27.000
The reason why we filed a copyright application is, well, now we have federal rights, which means we're guaranteed statutory damages, at least $500 per infringement.

1406
01:11:27.000 --> 01:11:31.000
So, does that help, Jill? Yeah? Good.

1407
01:11:31.000 --> 01:11:34.000
Helene, you're up, my friend.

1408
01:11:34.000 --> 01:11:43.000
So, if I invent something and use it in public, I have a year to file a provisional patent or something.

1409
01:11:43.000 --> 01:11:54.000
Because I create stuff, slap stuff together, walk around with it, and I thought one day I might patent it, but now I'm here and I guess I can't.

1410
01:11:54.000 --> 01:12:00.000
Well, again, it depends because there's an exception to public use, right?

1411
01:12:00.000 --> 01:12:12.000
The exception to public use is, does anybody here remember the exception to public use? I'll be really impressed, Larissa. Larissa, you're in every meeting with me, you know, of course you know it.

1412
01:12:12.000 --> 01:12:18.000
All right, Larissa, what is it? Go ahead.

1413
01:12:19.000 --> 01:12:23.000
Okay, so let's hope I get this right, because, guys, I do a lot of things.

1414
01:12:23.000 --> 01:12:28.000
How you let them use it? Like if people are, you're testing it out.

1415
01:12:28.000 --> 01:12:34.000
That's correct. That's right. It's called experimental use, and that's exactly right, Larissa. Very good.

1416
01:12:34.000 --> 01:12:42.000
So, if I just experiment on myself, I'm not selling it to anybody, I'm not giving it to anybody, I'm just using it myself.

1417
01:12:42.000 --> 01:12:45.000
That's an exception?

1418
01:12:45.000 --> 01:13:04.000
The experimental use exception to public use, technically, yes. Just be careful, because if you are, quote unquote, experimenting on it for three years, riding back and forth to work, that's not experimental use.

1419
01:13:04.000 --> 01:13:17.000
Like that's using the bicycle, right? So you create a bicycle, and you're taking like, you know, a few months of testing it to tweak it, to modify things, you can argue, well, that's testing, it's experimental use.

1420
01:13:17.000 --> 01:13:31.000
But really, I mean, really, the experimental use thing is, it's really focused on third party use, not so much your own, right, because it's called public use.

1421
01:13:31.000 --> 01:13:39.000
Now, arguably, if I'm using it in the public, then the public's going to see it, so therefore, it should be considered, quote unquote, public use.

1422
01:13:39.000 --> 01:13:47.000
So for that reason, I would just make sure it's a limited time, and that, you know, you're getting data, you're analyzing it.

1423
01:13:47.000 --> 01:13:59.000
It's not like, oh, for the last two and a half years, I've been riding this bicycle that nobody has ever seen to work in the way it's supposed to be used. That's not experimental use.

1424
01:13:59.000 --> 01:14:05.000
So the old saying for a patent world is, use it or lose it. That's really it.

1425
01:14:05.000 --> 01:14:12.000
So either you're going to keep it internal for a trade secret, or you're going to file a patent application and own it outright, one of the two.

1426
01:14:12.000 --> 01:14:22.000
But you can't dabble. I have some clients, I have one client in particular, very well known, large company, competes with ActiveCampaign and with others.

1427
01:14:23.000 --> 01:14:28.000
And they have certain things that they do internally on the back end, right?

1428
01:14:28.000 --> 01:14:41.000
So it's kind of like a central office customer premise deal where they have software on the back end, people use their software platforms, but they never access the code, like ever, like never, ever.

1429
01:14:41.000 --> 01:14:50.000
And so if they never access the code, like we had a call last week, and they're saying, hey, we think we need to file these patents on these areas, and I said, why?

1430
01:14:51.000 --> 01:14:56.000
I said, I realized that's the opposite of what every lawyer in the world would say.

1431
01:14:56.000 --> 01:15:00.000
But I'm kind of asking myself, why?

1432
01:15:00.000 --> 01:15:03.720
exactly do you want to file a patent on something

1433
01:15:03.720 --> 01:15:06.120
that you can essentially own forever?

1434
01:15:06.120 --> 01:15:08.440
If nobody ever is going to see the code,

1435
01:15:08.440 --> 01:15:12.720
nobody interacts with it, it's on a single server,

1436
01:15:12.720 --> 01:15:18.480
there's limited access, why not keep it as a trade secret

1437
01:15:18.480 --> 01:15:20.520
and have it potentially last forever?

1438
01:15:20.520 --> 01:15:22.720
Because the second that you file a patent application

1439
01:15:22.720 --> 01:15:25.560
on something, it becomes public domain.

1440
01:15:25.560 --> 01:15:29.840
Meaning that it's published after 18 months of filing.

1441
01:15:29.840 --> 01:15:32.120
A year and a half after filing, the public

1442
01:15:32.120 --> 01:15:35.400
is going to see your secret sauce.

1443
01:15:35.400 --> 01:15:39.600
So that's why Coca-Cola never filed a patent.

1444
01:15:39.600 --> 01:15:42.400
Because by keeping it secret, nobody

1445
01:15:42.400 --> 01:15:46.280
could ever use their formula.

1446
01:15:46.280 --> 01:15:48.160
Now, if you know as a fact that when

1447
01:15:48.160 --> 01:15:51.320
you bring your product forward or your service forward,

1448
01:15:51.320 --> 01:15:53.400
people are going to be able to reverse engineer it

1449
01:15:53.400 --> 01:15:56.640
and do it themselves, that's when you need a patent.

1450
01:15:56.640 --> 01:15:58.240
Because then the second you sell it,

1451
01:15:58.240 --> 01:16:00.360
you know somebody is going to break the thing open,

1452
01:16:00.360 --> 01:16:04.720
figure out how it works, make it themselves, you need a patent.

1453
01:16:04.720 --> 01:16:06.440
Does that make sense?

1454
01:16:06.440 --> 01:16:07.480
Yeah.

1455
01:16:07.480 --> 01:16:09.520
So that's kind of how that breaks down.

1456
01:16:09.520 --> 01:16:11.480
All right, let me check and see if anybody else

1457
01:16:11.480 --> 01:16:13.960
has any other questions before I cover one other topic.

1458
01:16:13.960 --> 01:16:16.880
Anybody got a question?

1459
01:16:16.880 --> 01:16:19.040
I'm just going to put out there to everybody, guys.

1460
01:16:19.040 --> 01:16:22.000
You can hop into the challenge anytime,

1461
01:16:22.000 --> 01:16:23.160
into the Facebook group.

1462
01:16:23.160 --> 01:16:25.840
Send me a DM if you're not in yet.

1463
01:16:25.840 --> 01:16:26.840
You can't go VIP.

1464
01:16:26.880 --> 01:16:28.200
I don't know, that's up to Peter.

1465
01:16:28.200 --> 01:16:29.960
But this stuff, it's great refresher.

1466
01:16:29.960 --> 01:16:31.320
And the atmosphere is great.

1467
01:16:31.320 --> 01:16:33.520
We'd love to have you in so they can see.

1468
01:16:33.520 --> 01:16:37.360
You know how important this group is

1469
01:16:37.360 --> 01:16:40.760
in the very different industries and everything we represent.

1470
01:16:40.760 --> 01:16:42.320
And so you coming to the challenge

1471
01:16:42.320 --> 01:16:44.480
is just really priceless to us.

1472
01:16:44.480 --> 01:16:47.280
Just being there, talking in the chat, whatever.

1473
01:16:47.280 --> 01:16:48.600
We love you.

1474
01:16:48.600 --> 01:16:49.600
Absolutely.

1475
01:16:49.600 --> 01:16:50.120
Yeah.

1476
01:16:50.120 --> 01:16:51.560
No, that was really good, Larissa.

1477
01:16:51.560 --> 01:16:52.080
It's true.

1478
01:16:52.080 --> 01:16:53.960
I mean, I've seen a number of you stop by.

1479
01:16:54.560 --> 01:16:58.040
And you guys, what you offer to people

1480
01:16:58.040 --> 01:17:01.240
while they're asking questions, it's amazing.

1481
01:17:01.240 --> 01:17:03.080
It shows that this is truly a community.

1482
01:17:03.080 --> 01:17:07.360
It's not just a bunch of people trying to make a ton of money.

1483
01:17:07.360 --> 01:17:09.480
It's a strong community.

1484
01:17:09.480 --> 01:17:13.120
When I see a Joe show up, or Jody, or even Holly and others,

1485
01:17:13.120 --> 01:17:15.760
they just, Helene, you've shown up too.

1486
01:17:15.760 --> 01:17:17.680
You just pop up and you're like, somebody

1487
01:17:17.680 --> 01:17:18.560
type something in your chat.

1488
01:17:18.560 --> 01:17:20.480
And you're like, well, no, that's actually not

1489
01:17:20.480 --> 01:17:21.040
how it works.

1490
01:17:21.040 --> 01:17:22.160
This is how it works.

1491
01:17:22.200 --> 01:17:24.000
And then they go, who the heck are you?

1492
01:17:24.000 --> 01:17:25.600
Like, how do you know what that means?

1493
01:17:25.600 --> 01:17:27.120
Oh, I was in the challenge last time.

1494
01:17:27.120 --> 01:17:29.680
And now they're going, I guess this thing does really

1495
01:17:29.680 --> 01:17:32.560
work because these people understand these concepts now.

1496
01:17:32.560 --> 01:17:34.360
And so it makes their businesses better.

1497
01:17:34.360 --> 01:17:37.720
Actually, which reminds me, tomorrow is Thursday, right?

1498
01:17:37.720 --> 01:17:38.640
Tomorrow's Thursday?

1499
01:17:38.640 --> 01:17:39.160
Yeah.

1500
01:17:39.160 --> 01:17:40.720
So tomorrow is Thursday.

1501
01:17:40.720 --> 01:17:42.440
So if any of you are available, Jill,

1502
01:17:42.440 --> 01:17:44.240
I don't know if you're available to stop by.

1503
01:17:44.240 --> 01:17:49.960
Maybe around 7.30, around then, if you're available.

1504
01:17:52.720 --> 01:17:55.200
7.30 Pacific or Eastern?

1505
01:17:55.200 --> 01:17:56.760
Eastern.

1506
01:17:56.760 --> 01:17:58.640
7.30 Eastern, yeah.

1507
01:17:58.640 --> 01:18:03.080
If you're available, or Jody, if you're available, or Bonnie,

1508
01:18:03.080 --> 01:18:05.560
and obviously, Helene, if you're available, or Holly,

1509
01:18:05.560 --> 01:18:08.480
if anybody is available, would love

1510
01:18:08.480 --> 01:18:12.640
to have some people talk about what you've

1511
01:18:12.640 --> 01:18:14.640
learned in the protection corridor

1512
01:18:14.640 --> 01:18:17.520
and have you applied it yourself.

1513
01:18:17.520 --> 01:18:19.080
I think that is.

1514
01:18:19.080 --> 01:18:20.640
And then the other part is just to say

1515
01:18:20.640 --> 01:18:22.240
that you haven't seen an offer.

1516
01:18:22.240 --> 01:18:24.120
Because the offer that I'm dropping tomorrow,

1517
01:18:24.120 --> 01:18:26.200
we have never done.

1518
01:18:26.200 --> 01:18:29.240
That's a legal, done-for-you offer.

1519
01:18:29.240 --> 01:18:32.360
That's what people have been waiting for.

1520
01:18:32.360 --> 01:18:36.120
So my hope is that a lot of people

1521
01:18:36.120 --> 01:18:40.040
will engage in that so they get on the right,

1522
01:18:40.040 --> 01:18:42.880
they get on a solid foundation.

1523
01:18:42.880 --> 01:18:44.320
And then they take off from there.

1524
01:18:44.320 --> 01:18:45.920
Yeah, Larissa, go ahead.

1525
01:18:45.920 --> 01:18:47.360
I don't know if you answered this.

1526
01:18:47.360 --> 01:18:52.760
I saw Jody ask, and I did hear you because I was listening,

1527
01:18:52.760 --> 01:18:55.360
that you're going to let the protection portal people know

1528
01:18:55.360 --> 01:18:57.400
their version of the offer.

1529
01:18:57.400 --> 01:19:00.680
But she asked, is there a way to get in line quickly

1530
01:19:00.680 --> 01:19:02.840
for the audit for the people here

1531
01:19:02.840 --> 01:19:04.760
who know they want to take advantage of that?

1532
01:19:04.760 --> 01:19:05.440
Who asked that question?

1533
01:19:05.440 --> 01:19:05.960
Jody?

1534
01:19:05.960 --> 01:19:07.000
I think it was Jody.

1535
01:19:07.000 --> 01:19:07.840
Yeah.

1536
01:19:07.840 --> 01:19:08.920
Yeah.

1537
01:19:08.920 --> 01:19:10.000
Yes.

1538
01:19:10.000 --> 01:19:11.400
So here's the deal.

1539
01:19:11.400 --> 01:19:13.080
Those who are in the protection portal

1540
01:19:13.080 --> 01:19:15.320
always get first dibs at everything.

1541
01:19:15.320 --> 01:19:17.680
That's just the way it works out.

1542
01:19:17.680 --> 01:19:18.760
So yeah.

1543
01:19:18.760 --> 01:19:24.560
So the law firm opens on November 21, right?

1544
01:19:24.560 --> 01:19:26.840
My last day is next week, Friday.

1545
01:19:26.840 --> 01:19:29.640
And we open for business the 21st.

1546
01:19:29.640 --> 01:19:31.160
Even though the firm's already open,

1547
01:19:31.160 --> 01:19:34.200
I'm just not doing legal work from it.

1548
01:19:34.200 --> 01:19:40.040
And so by all means, when the offer is dropped for all of you,

1549
01:19:40.040 --> 01:19:45.080
you guys always get first dibs because you're

1550
01:19:45.080 --> 01:19:48.120
the foundational members.

1551
01:19:48.120 --> 01:19:49.640
So yeah, you guys will be first.

1552
01:19:49.640 --> 01:19:52.080
You're not going to end up being like 20th.

1553
01:19:52.080 --> 01:19:54.520
So we'll start digging in right away, OK?

1554
01:19:54.520 --> 01:20:01.400
So I'm finalizing that deal because I can do it.

1555
01:20:00.000 --> 01:20:04.320
two ways. One is I can do the IP audit with the trademark search and application, or I can do the

1556
01:20:04.320 --> 01:20:10.080
IP audit alone. I'm trying to figure out which one you guys will like the most. I know if I package

1557
01:20:10.080 --> 01:20:17.440
it together, people tend to like packages. And then at the same time, we're also coming up to

1558
01:20:17.440 --> 01:20:24.080
renewals. For some of you that have been in since the beginning, we're coming up for renewals,

1559
01:20:24.080 --> 01:20:29.440
but I don't want to be renewing people at the $29.95. I want them to be discounted if they're

1560
01:20:29.440 --> 01:20:36.880
the original people, the original protectors, the OPs. So I have a discounted rate for the OPs.

1561
01:20:37.680 --> 01:20:42.640
I'll tell you who actually made out like a bandit. Do you guys remember when I put up an offer for

1562
01:20:42.640 --> 01:20:51.600
24 hours for lifetime membership? There were a few people who took that. Man, my wife and I

1563
01:20:51.600 --> 01:20:58.080
were kind of talking. There were like five people who grabbed it immediately. That was smart. That

1564
01:20:58.080 --> 01:21:03.040
was smart because now they're locked in forever. And all the features, all the details, they get it

1565
01:21:03.040 --> 01:21:10.880
all. So I was actually talking to her today. And I think it was, I think it was, I think Umstead

1566
01:21:10.880 --> 01:21:18.640
took it. And then obviously Karen Hudson, she's like, she grabs things right away. But I'm thinking

1567
01:21:18.640 --> 01:21:22.960
of, I'm thinking of doing something similar. I'll let you guys know about it shortly. Okay.

1568
01:21:22.960 --> 01:21:27.840
So we're trying to put it all together and make sure that you guys have the best offer possible

1569
01:21:27.840 --> 01:21:32.080
that's going to make sure that you guys continue to grow. So, and you guys have come a long way. I

1570
01:21:32.080 --> 01:21:37.920
don't know if you realize it, but the questions that you're asking, these are not like, is that

1571
01:21:37.920 --> 01:21:43.280
a trademark issue? Is it a copyright issue? Like, no, is that experimental use? And could that

1572
01:21:43.280 --> 01:21:49.520
possibly result in dilution of a trademark? And if it is dilution, like, can I do this? I'm like,

1573
01:21:49.520 --> 01:21:55.360
oh my gosh, like you guys are asking questions of like graduate law students. Let's put it

1574
01:21:55.360 --> 01:22:00.320
upper level law students. So, which is good. That means your businesses should be thriving. So that's

1575
01:22:00.320 --> 01:22:04.480
what we want. So, all right. And with that, I think we're going to close unless somebody has

1576
01:22:04.480 --> 01:22:09.280
another question. Obviously you can email things, you can publish things. Oh, thank you, Bonnie.

1577
01:22:10.160 --> 01:22:14.880
You're awesome. Well, you guys are amazing. I mean, honestly, you, I don't even consider you

1578
01:22:14.880 --> 01:22:20.000
guys students. I consider you all teachers, honestly, because each one of you is training

1579
01:22:20.080 --> 01:22:26.240
other groups. And so I feel like it's a teacher training teachers, you know, and so we're just

1580
01:22:26.240 --> 01:22:31.920
transforming the industry. So people are not so afraid of IP anymore. And yeah, so that's,

1581
01:22:31.920 --> 01:22:33.360
that's important to me. So.