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Raise your virtual hand and we'll let you unmute yourself and say, I came to find out

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about this.

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Raise your hand if that's you, whether you said it over the Facebook yet, some of you

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have been in other worlds where you understand challenges.

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So all right.

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I see the hand.

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And I'm going to take Michelle there.

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So I'm going to spotlight you, my dear.

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And go ahead and unmute yourself.

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Maybe I'll spotlight myself.

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Hello.

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Hello.

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So what did you come to learn?

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So I came to learn about IP protection as it relates to being a subcontractor under

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a consultant.

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And with what type of materials?

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I mean, that could be training, training material, training materials, OK, great, reading, publishing

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like video, like that kind of stuff, or mostly like written, mostly just content, written

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content.

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Fantastic.

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If you identify with Michelle, then say me, too, in the chat, do that, say, that sounds

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great.

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I'm in Boat Michelle.

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I'm in Boat Training and Subcontractors.

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Thanks for sharing.

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OK.

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Rhea, I'm going to give you a second, so let me get you spotlighted, unmute, and tell us

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what you came to learn this week, what your burning question is.

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You got to get unmuted, though.

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Here, I'm going to ask you to unmute.

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Oh, shoot, I did it.

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That's my fault.

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So good to see you back, Rhea.

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Hi.

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Now we're here.

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Go for it.

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So this time, my question is, can I use my LLC as an umbrella company for my three different

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services, one being web design, another being an online store for designs that I will put

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on print, and another being just my creative art, photography, drawings, paintings?

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That is a great question.

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I do think that, I do believe that does fall a bit more under corporate law as opposed

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to intellectual property.

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Look at the lawyer over here.

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Look at the lawyer answering your questions.

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All right, Ray.

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All right, Ray.

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It has begun.

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It has begun.

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We're off the road.

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It's off the ground, Peter.

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Come on.

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So, Rhea, it's so awesome seeing you.

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Awesome.

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I'm glad to see all of you guys here.

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I see Carmelita is here.

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Awesome.

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This is great.

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Ron's here.

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This is great.

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Oh, man.

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A lot of people.

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I know a lot of new people here, too.

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Fantastic.

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So we're going to go deep, guys.

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We're going to go deep.

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I'm going to start off soft and easy and coax you into this stuff, and then we're going

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to dive in deep.

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Okay?

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Day one, I'm going to take my time with you, give you some good background about why we're

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doing this, kind of set the stage.

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We're going to have five days together.

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We're going to do one hour each day.

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For those of you who are in VIP, 15 minutes after we end here, we're going to jump in

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the VIP.

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VIP is the deep dive, guys.

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I mean, that group, for anybody who's been in VIP before, you know we go really deep,

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meaning we answer questions directly, we look at specific scenarios.

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Now, one thing for you all to remember, and anybody who doesn't have water right now is

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going to feel really left out, I'm just letting you know, because you're going to hear me

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say many, many times, this is not legal advice.

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And we have a tradition here of whenever I say this is not legal advice, we drink water.

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So we're not doing alcohol here.

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This is water.

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I promise you, it is water, even though I'm probably going to get more silly as time goes

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on and as it gets later.

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This is water, guys.

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So that's all I'm drinking.

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But that's kind of an old tradition, because I've been doing this for 25 years, which is

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a while.

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I've been doing intellectual property law, patents, trademarks, copyrights.

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I do litigation, I do prosecution.

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I've litigated in Texas, California, Florida, Connecticut, Massachusetts, New Hampshire,

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a number of different places.

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I do global IP portfolio management.

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Pretty much any scenario that you can come up with, I should know the answer.

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And if I don't know the answer, I will get it for you.

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All right, that's my commitment to you to try to help you any way I can.

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I've had a number of lawyers who are asking me, why am I doing this?

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They said, it makes no sense to do this.

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You're training people to understand your job.

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And I said, exactly.

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That's what you should do.

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if they understood what you're doing, they'd appreciate it more. And separate from that,

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they wouldn't have to ask you basic questions that they should already know the answers to.

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So the objective here is to get you familiar with intellectual property law. But then I'm going to

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be diving deep into things like, I don't want your job. Yeah, I don't blame you, Alicia.

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I love what I do, though. I'm going to give you a little background on me in a second. But

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we're going to do deep dives into things like chat GPT. We're going to hit NFTs. We're going to hit

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domain names. What are the big issues between copyrights and trademarks?

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If you're going to file a registration for a domain name, should you be looking at the

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trademark first? Or should you look at the trademark second? Should you do the search

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first? If you file the application, is that going to result in somebody seeing that you filed it?

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So now they go to namecheap.com, or to cheap names, and they buy something for nine bucks,

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and they try to sell it to you for 2000. I'm going to teach you all of the tricks of the trade.

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So some of you might be thinking, well, how in the world are we going to learn that in five hours?

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Good question. I'm going to take my time with you. But at the same time, look, at some point,

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all of you are going to go, oh, my gosh, I can't digest anymore. There's a lot here. That's why

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I'm giving you the videos. Larissa, did you start recording already? She did. Yes, sir. Thank you.

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Thank you so much. I'm giving you the recordings intentionally. The reason why is because I want

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you to be able to absorb this material, make it your own, figure out how to apply it, and then

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go back and watch and kind of keep taking notes. But if you're writing like one of my paralegals

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would write, you're not going to learn anything. Let's put it that way, because you're just going

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to be doing this. The intent of this is for you to think about your own situation and figure out

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how what I'm saying applies to you and your business and the people that you take care of.

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That's what's really important. So I'm giving you the videos for 30 days if you're in a challenge.

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If you're in VIP, you get it for 90 days, guys. That's a ridiculous deal. So if you have the

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ability to VIP, I would do it just so you understand. In VIP, we also do a live trademark application

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so you understand every single part of a trademark application as a lawyer would file it and as a

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paralegal would do it. The reason why I'm teaching you that is not so you can get rid of lawyers,

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although some people would like to do that. But I'm not trying to get you to get rid of lawyers.

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What I'm trying to do is get it so that you can minimize the amount of hours they need to spend

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on your content. Somebody type in the chat why that is. What exactly is the

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reason why you want to spend less time with your client, with your lawyers? Yes, time equals money.

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Ron nailed it. Look, lawyers do not sell products. We don't get to sell 10,000 items within three

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hours on eBay. We said in three hours, we bill three hours. Well, that's how it's supposed to

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work. There's only so much time in a day. Within that date is 24 hours.

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There's only so many hours you can bill in that day. What I'm trying to do is make it so that

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if you understand more, when you engage with your attorneys, you're going to spend less time with

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them because they're not going to spend any time explaining the basics to you. And for somebody

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like me who bills at $600 an hour, that's a big deal, guys. It adds up fast. I've seen people

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spending $2,500 on a trademark application that should cost $1,200 or $1,000, including the USPTO

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fee of $350. But they're spending $2,500. Why? Because they don't know what a specimen is.

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They don't know what a date of first use in interstate commerce is. You're going to know

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all these things by the time we're done. It should bring your costs down by a third to half

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right off the bat. Let me make an introduction here. I've got all the way over there on my screen

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the hostess with the mostest, Larissa Luck. Larissa has been with me for quite some time.

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She's amazing. She's going to be here to watch the chat, see what's going on.

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If she sees a lot of people asking the same questions, she's going to raise it to me

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in a private DM, and then I'm going to ignore her. And then she's going to ping me over and

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over and over until I answer the question. Or I just interrupt and say, Peter, time out.

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Everybody's falling asleep. Just kidding. That never happened. I don't think that's ever happened.

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And then over there is Ray Carter, who's trying to hide right now. Ray is our operations manager.

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She is amazing. She's taking care of the email.

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backgrounds, the ads, the click funnel stuff, my breathing, like

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she's gonna be a long list. That's a very long list that she

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one time tried to put into what is it called? Asana. And then a

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sauna broke

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was manager software. And then they they called me and fired me

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and quit. Yeah, they're like, you can't use Asana anymore. Too

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many things there. And then finally, I want to introduce you

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to Jill Albers, who's down there. She's our PR manager. She

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takes care of a lot of the public relations, a lot of the

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big deals that we're doing with different groups. Some of you

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actually have like, you're in charge of educational groups. So

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you have other networks, she'll likely be one of the individuals

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that you communicate with, in addition to myself, and in

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addition to Ray, to setting up opportunities to speak to your

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people, make sure they understand this content, because

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it's so important. All right. Some of the background, let me

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tell you a little bit about me. And then we're done with

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jumping in. So the first day, we usually end up going about 10

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minutes late, because there's a lot of administrative stuff.

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Just so you guys know beforehand. All right. All

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right. So now, let's jump in a little bit about me. So I came

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from the projects of Brooklyn. All right. I promise you, I'm

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not going to tell you everything about my life. But that's where

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I'll start. I came from the projects of Brooklyn. All right,

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single mom, struggled really hard, put myself through

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college, put myself through law school, met my wife in law

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school. She was in admissions had nothing to do with why I got

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in. She didn't like me at the time. I think I kind of just

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grew on her. And over time, we got married. All right. So all

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of that basically to say, when someone steals something from

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another person, it bothers me. It bothers me a lot. I have a

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very I've been told by a lot of people, I have a protective

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spirit. That's just how I was built. Okay. And what I mean by

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that is, I know a lot of people who do startups, they have

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bootstrap companies that they create themselves, they use

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their retirement money. Sometimes they're using some

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college money for their kids. They're using resources that are

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not readily available. And then all of a sudden, somebody comes

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and takes the name that they have for their business, or

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somebody steals the logo, or somebody goes to their fun or

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their website, and they copy all their material, and they

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create a competitive site. And they basically make them

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obsolete, because they're doing the same thing at a lower cost.

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I can't tell you how many times this happens in a week. I get

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phone calls over things where people are being billed $600 an

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hour. And some of the things they could have alleviated

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either for free, or for $65 in a registration with a copyright

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office, or for $250 or $350 with the USPTO and filing

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registration, but they never knew. My job is to make you

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aware, I want you to understand intellectual property, and not

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be afraid of it. Not be afraid to call the IP attorneys to know

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some of the lingo when you go into a mechanic, an auto

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mechanic, you don't go there and say, hey, fix everything that's

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wrong with my car. At least I don't. I tell them something's

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wrong with my spark plugs, fix that and don't touch anything

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else on my car. All right, that's what I do. Because

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otherwise, you're going to spend more than the car's worth. So

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you need to understand the lingo to be able to speak to

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attorneys. If you don't, you can end up in situations where

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you're getting more than you really need in a circumstance

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because you don't understand the circumstance. So I'm going to

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train you on these concepts. Separate from that, we get

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everyone from inventors, to authors, to life coaches, to

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business owners, to people who are thinking of running

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businesses. I've got some of my clients who are here right now.

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I've got somebody who's been a paralegal for me, I've got an

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attorney who's been here for me, I've got all sorts of different

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people that go through this training. There's been hundreds,

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hundreds, if not over 1000 that have gone through so far. Okay,

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it's important for me that you understand that. Give and to

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that, in that vein, be patient with yourself. All right, we've

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got five days together. If you don't understand something, go

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back, watch the replays, you're going to get the replays every

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next day. Within 24 hours, you'll get the replays. Okay.

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Please give yourself some grace. Because what some of you I'm

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going to warn you now, what some of you are going to do is after

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day two, you're going to go, Oh, my gosh, I've been doing

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everything wrong. This is wrong. That's wrong. I got to fix this.

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I need to do that. What am I going to do? I can't afford this

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and that. And what do I do first? What do I do second? Don't

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worry. The only thing that's changed from today right now,

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and where

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going to be in two days is that you've obtained knowledge. That's it. That's all that's changed.

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Now that knowledge should be a... breathe... that knowledge should be a blessing for you, not a curse.

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Okay? The fact that you understand how gravity works means that you won't walk off the cliff

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next time, right? So I'm going to teach you how to not walk off the cliff. So you're going to do

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just fine. Just be patient with yourselves. Okay? All right. With that, today we're going to start

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out with trademarks. All right? Why do I start out with trademarks? Most people have an idea

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what trademarks are, right? If you know what a trademark is, just kind of raise your hand,

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just so I get an idea. Is there anybody who does not know what a trademark is? Okay. There's a few

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of you. That's okay. That's all right. This is okay. This is okay. I'm all right with that.

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At least it gives me a good gauge of where people are. So I'm going to hand something out to all of

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you right now. This is just a free gift. I have it ready if you want. Oh, you got it? Yeah. Can

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you drop it, Ray? Of course. Okay. What I'm giving you here, I created for all of you. This is

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pretty unique. The reason why I'm providing you with this... let me just open it up on the screen

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so you can... actually, Ray, can you share it on your screen?

250
00:16:25.760 --> 00:16:29.440
Yeah. Sorry. You caught me dropping it in the Facebook room. That's okay. You can drop it.

251
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Go ahead and drop it first, and then we'll just share it. I'm going to tell you why I did this.

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Most people just have no idea what area of intellectual property law pertains to their

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circumstances. So for that reason, I created this form. Let's make it a little bigger so

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people can see it better. It's not letting me. It's not? There you go. Perfect. All right.

255
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Perfect. That's great. That's good. That's good. That's good. Okay. All right. This is the first

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gift. There's going to be a number of gifts that I'm going to give you during our time together.

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So there's the first one. This form here is kind of an idea cheat sheet. Pretty much anything that

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you can create is probably going to fall into this form. So what you should be able to do is

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find what you created and then just go straight up or just follow the lines and figure out what

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area of intellectual property law pertains to your situation. So if you have a blog, you just go to

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blog and then follow it up and copyrights pertain to that. If you have software, the functionality

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00:17:45.520 --> 00:17:53.440
of software is protectable under patents, while the code for software, where you see computer

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program code, that actually is protectable by copyrights. So pretty much almost every single

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thing you can think of should fall into this scenario somewhere. If it doesn't, you can just

265
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DM me and I will tell you personally where it falls. Okay. This is for you. This is protected

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under copyright law. So here's probably, I think I want to give one warning. Right. Right. I think I

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give one warning the entire time. Right. Okay. The gifts that I give you are protected under copyright

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law. What does that mean? That means do not distribute it to others. Don't give it to others.

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Don't send it to your friends. This is for you. There's a free gift that I'm giving you.

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I'm a IP attorney. I'm also a litigator and I've never lost in court. Please don't commit

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copyright infringement on my work. It's a bad idea. It's just not a good idea. So don't copy my stuff

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and give it to others. Now, if you're thinking, man, this would be really helpful for my group,

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then ping me, make sure you get permission from me personally. All right. We can discuss it. We

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can figure out something from there. Otherwise this is for your own personal use. I should not

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see this ever on the internet because everybody knows they can't do that. All right, Ray, you can

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you can shut that down. Thank you. All right. So let's jump into trademarks. Now, trademarks are,

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they're not extremely difficult, but there are certain things in trademark law that most people

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are not aware of. So what I want to do is make you understand a few things. First of all, what are

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trademarks? But separately, what's protectable by trademarks? And then on top of that, you actually

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have certain legal rights that you're not aware of already. That's where people kind of get surprised.

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Okay, so I'm going to take this step by step and kind of explain what trademarks are and then kind

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of break it down piece by piece. All right. First of all, trademarks. A trademark is an

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identification of a source of goods or services, even if you don't know the source of goods or

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services.

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Now, that's a very lawyerly way of explaining something, right?

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Because people are probably going, what in the world does that mean?

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It's an identification to a source of goods or services,

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but I don't know who or what the source of goods or services are.

289
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I don't really understand that.

290
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All right.

291
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There's a product called DayQuil.

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Does anybody here heard of DayQuil?

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Just raise your hand.

294
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Yeah, okay.

295
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Does anybody know who created that product?

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Who's the manufacturer of it?

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A lot of heads shaking, right?

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All right.

299
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You don't have to type in chat anything.

300
00:20:31.000 --> 00:20:38.000
But now, even though you don't know the party who creates that product,

301
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do you know what the product does?

302
00:20:41.000 --> 00:20:42.000
Yes, right?

303
00:20:42.000 --> 00:20:43.000
You do.

304
00:20:43.000 --> 00:20:45.000
Do you know the approximate cost of the product?

305
00:20:45.000 --> 00:20:47.000
Yes, you do.

306
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Do you know where you can purchase the product?

307
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Yes, you do.

308
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So do you really care who makes the product?

309
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No.

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Most people don't, okay?

311
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That's what I mean by trademarks.

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Trademarks can become so powerful that you don't even care who actually is the

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manufacturer or the creator of the product or the service covered by that

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trademark.

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You just know that it has a certain quality.

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It provides a certain function or utility.

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You have an idea of the cost.

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You know where you can get it.

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You know what the results are.

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And that's enough for you, okay?

321
00:21:20.000 --> 00:21:24.000
So it's not always the case that a trademark is going to tell you

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specifically who the owner is.

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It's an identification as to a source of goods, even if you don't know the

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source of goods, okay?

325
00:21:33.000 --> 00:21:36.000
So let me break this down in a little more detail, and then I'll explain to you

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why this is so important.

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Trademarks fall into a lot of different categories.

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There's a lot of different things that are protectable by trademarks.

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And in fact, what I think I'm going to do, let me name a few of them for you,

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okay?

331
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A few of them.

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First of all, words.

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Like name of your company, name of your product, name of your services.

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Microsoft, Nike, Adidas, right?

335
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Apple.

336
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Those are all names.

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Those are all protectable by trademark.

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Now, slogans are also protectable.

339
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Meaning, like for Nike, it's what's the big slogan that's used by Nike?

340
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Somebody type in the chat.

341
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What's the slogan used by Nike?

342
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Just do it.

343
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Boom.

344
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Everybody knew.

345
00:22:24.000 --> 00:22:25.000
You guys are so smart.

346
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This is good.

347
00:22:26.000 --> 00:22:27.000
Just do it.

348
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Just do it.

349
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Just do it.

350
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So everybody knows what slogans are.

351
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Slogans are protectable by trademarks also, okay?

352
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Now, in addition to that, designs are protectable by trademark.

353
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Now, I'm going to do something special for all of you tomorrow.

354
00:22:44.000 --> 00:22:48.000
I'm going to do a live trademark search for all of you.

355
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We're going to do it together.

356
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I'm going to walk you through step-by-step how to do a trademark search, okay?

357
00:22:54.000 --> 00:22:55.000
So we're going to do this together.

358
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Now, if you're a VIP, you'll be able to ask direct questions and interact and do stuff like that.

359
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It's much more interactive.

360
00:23:02.000 --> 00:23:07.000
But at least here, I'll show you how to do it, and you'll have the recording so you can try to do it on your own, okay?

361
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All right.

362
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So designs.

363
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Designs are very unique.

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So the Nike swoosh, that's protectable by trademarks, all right?

365
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So if you have a design, that is protectable by trademarks.

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Now, let me give you the first aside, and I'm going to throw a bunch of these little golden nuggets at you, all right?

367
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If you're hiring somebody to do your logo, please listen to this.

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If you're hiring somebody to do your logo, whoever is creating your logo owns it under copyright law, okay?

369
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We're going to learn about copyright law later, all right?

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But just understand this.

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They own the logo under copyright law.

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Now, you may take that copyright, you might take that logo, and then start using it yourself as to an identification of goods, right?

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So, like, I'll give you a sample real quick.

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Whoa, grab.

375
00:24:08.000 --> 00:24:09.000
Here we go.

376
00:24:09.000 --> 00:24:11.000
He does this sometimes.

377
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Sometimes.

378
00:24:12.000 --> 00:24:13.000
All the time.

379
00:24:13.000 --> 00:24:18.000
All right, so here's a pair of sneakers, right?

380
00:24:18.000 --> 00:24:26.000
Okay, so you see on the sneakers, people should be able to identify immediately what these are just by the logo, right?

381
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So there's a logo there.

382
00:24:27.000 --> 00:24:31.000
Now, somebody created that logo, right?

383
00:24:31.000 --> 00:24:35.000
Whoever created that logo actually owns, exactly, Air Jordans.

384
00:24:35.000 --> 00:24:36.000
Very good.

385
00:24:36.000 --> 00:24:37.000
Very good.

386
00:24:37.000 --> 00:24:45.000
So, whoever created that logo, the graphic, actually owns the graphic under copyright law.

387
00:24:45.000 --> 00:24:52.000
Now, you can use that graphic as a logo, and now you can own the logo under trademark law.

388
00:24:52.000 --> 00:24:58.000
So there are certain things that fall under trademark law and also fall under copyright law.

389
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I'm giving you that kind of graphic.

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golden nugget now because some of you,

391
00:25:02.520 --> 00:25:05.000
as we start to dig deeper into trademark law

392
00:25:05.000 --> 00:25:06.720
and we start to touch base on copyright law,

393
00:25:06.720 --> 00:25:09.780
you might say, well, is this a copyright or is a trademark?

394
00:25:09.780 --> 00:25:11.980
And the answer might be yes.

395
00:25:11.980 --> 00:25:14.440
Okay, so I just want you to understand that.

396
00:25:14.440 --> 00:25:16.360
And I'll explain when it's a trademark

397
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and when it's a copyright.

398
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So if you go and you hire GoDaddy and you say,

399
00:25:20.640 --> 00:25:22.840
hey, GoDaddy, I want you to create my logo

400
00:25:22.840 --> 00:25:26.080
and they create your logo and you spend 1500 bucks

401
00:25:26.080 --> 00:25:30.800
on a logo or whatever it is, please listen to me here.

402
00:25:30.800 --> 00:25:35.040
Make sure they assign all right title and interest

403
00:25:35.040 --> 00:25:37.840
to the copyright to you.

404
00:25:38.920 --> 00:25:41.680
Now, don't wait.

405
00:25:41.680 --> 00:25:45.200
Okay, the reason why is because if you don't do that,

406
00:25:46.120 --> 00:25:47.360
what they're gonna be able to do

407
00:25:47.360 --> 00:25:50.200
is they're gonna charge you again after a year.

408
00:25:51.080 --> 00:25:52.680
They're gonna charge you and say that

409
00:25:52.720 --> 00:25:57.240
you're paying a licensing fee for their logo

410
00:25:57.240 --> 00:25:59.740
and you have a non-exclusive license to use it.

411
00:25:59.740 --> 00:26:02.160
Or they might even give you an exclusive license,

412
00:26:02.160 --> 00:26:03.440
but you're gonna have to keep paying

413
00:26:03.440 --> 00:26:05.500
year after year after year.

414
00:26:05.500 --> 00:26:08.920
So when you hire somebody, if it's a graphic artist,

415
00:26:08.920 --> 00:26:12.560
if it's a, even if you're creating NFTs, right?

416
00:26:12.560 --> 00:26:16.160
Non-fungible tokens, the graphical ones, whatever it is,

417
00:26:16.160 --> 00:26:19.280
if you have somebody creating an artistic work,

418
00:26:19.280 --> 00:26:22.160
make sure they assign all right title and interest,

419
00:26:22.200 --> 00:26:24.120
right title and interest.

420
00:26:24.120 --> 00:26:27.240
Those are the key words, right title and interest.

421
00:26:27.240 --> 00:26:31.880
Make sure they assign those to you immediately.

422
00:26:32.960 --> 00:26:34.400
Okay, don't wait.

423
00:26:34.400 --> 00:26:38.720
Because if you pay them, I guarantee you, I guarantee you,

424
00:26:38.720 --> 00:26:40.620
they're gonna say no.

425
00:26:40.620 --> 00:26:42.640
You gotta negotiate this upfront.

426
00:26:42.640 --> 00:26:43.880
If you don't negotiate it upfront,

427
00:26:43.880 --> 00:26:46.360
then what will happen is later they'll charge you a premium

428
00:26:46.360 --> 00:26:48.600
to give you what you already purchased.

429
00:26:48.600 --> 00:26:51.640
Okay, the same thing applies to software.

430
00:26:52.080 --> 00:26:54.040
We're gonna talk about this on copyright day.

431
00:26:54.040 --> 00:26:56.880
When you have a software developer create software for you,

432
00:26:56.880 --> 00:26:58.960
make sure they assign all right title and interest

433
00:26:58.960 --> 00:27:01.320
to the code over to you.

434
00:27:01.320 --> 00:27:03.880
Those words, you should get really familiar with those words

435
00:27:03.880 --> 00:27:05.280
if you're a business owner.

436
00:27:05.280 --> 00:27:09.240
Right title interest, right title interest, RTI,

437
00:27:09.240 --> 00:27:11.040
right title interest, yeah, right title interest.

438
00:27:11.040 --> 00:27:13.920
Every single time, you always want that, okay?

439
00:27:13.920 --> 00:27:17.040
All right, that's just, thank you, thanks, Larissa.

440
00:27:17.040 --> 00:27:19.080
All right, so those were logos.

441
00:27:19.080 --> 00:27:21.960
Now, there are other things that are protectable

442
00:27:21.960 --> 00:27:23.600
under trademark law.

443
00:27:23.600 --> 00:27:26.560
Smells are protectable under trademark law.

444
00:27:26.560 --> 00:27:28.600
Now, I don't mean the stink that you have

445
00:27:28.600 --> 00:27:29.640
after you work out.

446
00:27:29.640 --> 00:27:32.520
What I'm talking about is like perfumes, okay?

447
00:27:32.520 --> 00:27:37.320
Perfumes, people will protect the smell of their perfumes.

448
00:27:37.320 --> 00:27:40.540
So nobody else can create that same smell.

449
00:27:40.540 --> 00:27:41.380
Here's another one.

450
00:27:41.380 --> 00:27:44.640
Colors are protectable under trademark law.

451
00:27:44.640 --> 00:27:45.520
Think about it this way.

452
00:27:45.520 --> 00:27:46.880
If I asked you right now,

453
00:27:46.880 --> 00:27:51.880
what posted service is available out there

454
00:27:52.000 --> 00:27:53.720
that uses the color brown?

455
00:27:53.720 --> 00:27:54.720
They own the color brown.

456
00:27:54.720 --> 00:27:56.320
Somebody type, oh man,

457
00:27:56.320 --> 00:27:58.560
Ron, I don't even finish my questions, bro,

458
00:27:58.560 --> 00:28:00.000
and you're already answering.

459
00:28:02.280 --> 00:28:04.600
Ron's like a superstar, that's awesome, man.

460
00:28:04.600 --> 00:28:07.080
Exactly, UPS, that's right.

461
00:28:07.080 --> 00:28:08.560
So here's a tougher one.

462
00:28:08.560 --> 00:28:09.640
Here's a tougher one.

463
00:28:09.640 --> 00:28:11.680
A lot of people don't know this one.

464
00:28:11.680 --> 00:28:14.060
Installation for your home, the color pink.

465
00:28:16.440 --> 00:28:19.400
Who actually owns that color, the color pink?

466
00:28:21.160 --> 00:28:24.320
Man, Erica, look at this.

467
00:28:24.320 --> 00:28:27.500
Lydia said, ask Ron, that's awesome.

468
00:28:28.880 --> 00:28:30.520
We are bonding already.

469
00:28:30.520 --> 00:28:32.920
It's happening, this is so good, I love it.

470
00:28:32.920 --> 00:28:34.940
Yeah, exactly, that's right, Corning.

471
00:28:34.940 --> 00:28:36.880
So Corning owns the color pink.

472
00:28:36.880 --> 00:28:38.580
I mean, I was really blessed to become

473
00:28:38.580 --> 00:28:40.680
one of the only people who actually filed

474
00:28:40.680 --> 00:28:43.400
a trademark application for the color blue.

475
00:28:43.400 --> 00:28:47.040
I got the color blue for my client, Denon.

476
00:28:47.040 --> 00:28:50.000
They own these receivers, and so any receivers

477
00:28:50.000 --> 00:28:53.320
that has the panel in the color blue, they own.

478
00:28:53.320 --> 00:28:55.440
If you ever try to use the color blue

479
00:28:55.440 --> 00:28:57.380
on the panel of a receiver,

480
00:28:57.380 --> 00:29:00.840
they can sue you under trademark infringement, okay?

481
00:29:00.840 --> 00:29:03.040
Other things that are protectable under trademark law

482
00:29:03.040 --> 00:29:07.440
is like packaging shape, pictures.

483
00:29:07.440 --> 00:29:09.360
There's a number of different things that are protectable,

484
00:29:09.360 --> 00:29:11.800
but the main things that you're going to wanna know about

485
00:29:11.800 --> 00:29:14.320
as a business owner are words,

486
00:29:15.200 --> 00:29:18.240
you're gonna wanna know slogans and designs.

487
00:29:18.240 --> 00:29:19.440
Those are the main ones, okay?

488
00:29:19.440 --> 00:29:21.040
All right, let me jump into something

489
00:29:21.040 --> 00:29:23.480
that's kind of an aside again.

490
00:29:24.740 --> 00:29:27.120
Your corporate name is not a trademark

491
00:29:27.120 --> 00:29:30.160
unless you file for it, okay?

492
00:29:30.160 --> 00:29:33.000
Now, let me elaborate on what I mean by that.

493
00:29:33.000 --> 00:29:35.560
If you go to the Secretary of State's website,

494
00:29:37.040 --> 00:29:38.480
all right, every single state

495
00:29:38.480 --> 00:29:40.560
has a Secretary of State website.

496
00:29:40.560 --> 00:29:42.400
That's typically where you go

497
00:29:42.400 --> 00:29:43.680
if you're gonna form a company.

498
00:29:43.680 --> 00:29:46.800
If you're gonna form an LLC, you're gonna form a company,

499
00:29:46.800 --> 00:29:49.860
you're gonna go to the Secretary of State's site,

500
00:29:49.860 --> 00:29:50.920
and you're gonna do what?

501
00:29:50.920 --> 00:29:52.200
What kind of search are you gonna do?

502
00:29:52.200 --> 00:29:54.000
Somebody type it in the,

503
00:29:54.000 --> 00:29:55.640
look, I'm already telling you the answer.

504
00:29:55.640 --> 00:29:58.040
Somebody type in the chat

505
00:29:58.040 --> 00:29:59.840
what kind of search you're gonna do.

506
00:30:00.000 --> 00:30:02.000
Let's see if you guys know this.

507
00:30:02.000 --> 00:30:03.000
I'm pretty sure you know this.

508
00:30:03.000 --> 00:30:04.200
Yep, business.

509
00:30:04.200 --> 00:30:05.040
Yeah.

510
00:30:05.040 --> 00:30:08.500
So you're gonna do a business name search, okay?

511
00:30:08.500 --> 00:30:10.700
Now, please understand this

512
00:30:10.700 --> 00:30:14.100
because I've had a number of times people have come to me

513
00:30:14.100 --> 00:30:16.040
because they've been sued

514
00:30:16.040 --> 00:30:18.460
when they hired a corporate law attorney

515
00:30:18.460 --> 00:30:20.940
to file for the name of their business

516
00:30:20.940 --> 00:30:23.520
as a corporate name with the state.

517
00:30:23.520 --> 00:30:26.460
And they got sued for trademark infringement, okay?

518
00:30:26.460 --> 00:30:28.860
Let me explain something to you.

519
00:30:28.880 --> 00:30:31.600
When you do that corporate name search

520
00:30:31.600 --> 00:30:33.800
on the Secretary of State's website,

521
00:30:33.800 --> 00:30:36.960
that's searching for company names, guys.

522
00:30:36.960 --> 00:30:39.800
It's not searching for trademarks.

523
00:30:39.800 --> 00:30:41.860
It's searching for company names.

524
00:30:42.760 --> 00:30:46.680
Now, your company name may be used as a trademark,

525
00:30:46.680 --> 00:30:49.840
but in and of itself, a company name is not a trademark

526
00:30:49.840 --> 00:30:51.740
just by its mere existence.

527
00:30:51.740 --> 00:30:54.360
You've gotta like use it as a trademark

528
00:30:54.360 --> 00:30:56.500
for it to become a trademark.

529
00:30:56.500 --> 00:30:58.080
What do I mean by that?

530
00:30:58.100 --> 00:31:00.660
So you go onto the site and you search and you say,

531
00:31:00.660 --> 00:31:05.660
okay, I'm gonna look for, I don't know, Feshir.

532
00:31:06.340 --> 00:31:08.940
I look up Feshir, F-E-S-H-I-R.

533
00:31:08.940 --> 00:31:10.820
I just created it, right?

534
00:31:10.820 --> 00:31:12.100
So you look up Feshir.

535
00:31:12.100 --> 00:31:14.300
Oh, it's available, awesome.

536
00:31:14.300 --> 00:31:19.260
You form an LLC and you call it Feshir Industries, all right?

537
00:31:19.260 --> 00:31:21.980
Now, all of a sudden what happens is

538
00:31:21.980 --> 00:31:25.740
a year and a half later, you get a cease and desist letter.

539
00:31:25.740 --> 00:31:26.840
And it's from somebody

540
00:31:26.860 --> 00:31:28.820
who actually has a federal registration

541
00:31:28.820 --> 00:31:30.580
for the name Feshir, why?

542
00:31:31.860 --> 00:31:34.540
Because you didn't do a trademark search.

543
00:31:34.540 --> 00:31:38.000
You have to make sure before you go forming the name,

544
00:31:38.000 --> 00:31:40.860
your corporations, before you come up with the name

545
00:31:40.860 --> 00:31:43.660
for your corporation or the name for your product

546
00:31:43.660 --> 00:31:47.540
or the name for your service, do a trademark search, please.

547
00:31:47.540 --> 00:31:50.300
Like understand, the trademark search will let you know

548
00:31:50.300 --> 00:31:52.380
if the name is available.

549
00:31:52.380 --> 00:31:55.720
Because if that name's not available and you start using it,

550
00:31:55.720 --> 00:31:59.320
somebody else could sue you for trademark infringement.

551
00:31:59.320 --> 00:32:00.620
Okay, and we're gonna walk through,

552
00:32:00.620 --> 00:32:03.340
I'm gonna walk you through today and tomorrow

553
00:32:03.340 --> 00:32:05.020
what trademark infringement is

554
00:32:05.020 --> 00:32:07.340
so you can make sure you don't get into trouble.

555
00:32:07.340 --> 00:32:10.020
Tomorrow, I'm gonna show you how to do a trademark search.

556
00:32:10.020 --> 00:32:11.720
But the whole point being,

557
00:32:11.720 --> 00:32:13.620
if you go to that Secretary of State site,

558
00:32:13.620 --> 00:32:16.420
you now know that you're doing a company,

559
00:32:16.420 --> 00:32:17.800
a corporate name search.

560
00:32:17.800 --> 00:32:21.340
You are not doing a trademark search, all right?

561
00:32:21.340 --> 00:32:22.500
The reason why I'm telling you this

562
00:32:22.500 --> 00:32:23.860
is I'll give you one example.

563
00:32:23.880 --> 00:32:28.520
I had one gentleman come to me, had incredible individuals.

564
00:32:28.520 --> 00:32:30.960
Some of you guys know him personally here.

565
00:32:31.880 --> 00:32:36.680
He runs this franchise, sells cookies,

566
00:32:38.640 --> 00:32:42.480
was doing very well, and had a certain name.

567
00:32:42.480 --> 00:32:43.680
He did a corporate name search.

568
00:32:43.680 --> 00:32:45.520
He hired a corporate law attorney.

569
00:32:45.520 --> 00:32:47.540
Corporate law attorney did the search,

570
00:32:47.540 --> 00:32:48.680
said the name's available.

571
00:32:48.680 --> 00:32:50.680
They formed an LLC.

572
00:32:51.500 --> 00:32:54.400
Two years later, gets a cease and desist letter.

573
00:32:55.860 --> 00:32:57.620
And he says, I don't understand.

574
00:32:57.620 --> 00:32:59.300
Why did I get a cease and desist letter?

575
00:32:59.300 --> 00:33:00.900
Calls up the corporate law attorney.

576
00:33:00.900 --> 00:33:02.940
Corporate law attorney says to him,

577
00:33:02.940 --> 00:33:05.180
oh man, yeah, they do have a federal registration.

578
00:33:05.180 --> 00:33:06.800
I guess you need to stop.

579
00:33:06.800 --> 00:33:09.160
He says, what do you mean, I guess you need to stop?

580
00:33:09.160 --> 00:33:11.200
Like, shouldn't you have told me

581
00:33:11.200 --> 00:33:13.020
there was a federal registration on this?

582
00:33:13.020 --> 00:33:17.540
And no, because they're not IP attorneys, all right?

583
00:33:17.540 --> 00:33:19.220
So you guys now know more

584
00:33:19.240 --> 00:33:21.620
than that corporate law attorney did.

585
00:33:21.620 --> 00:33:25.920
And so in this situation, in that situation,

586
00:33:25.920 --> 00:33:29.160
he ended up no longer using that name.

587
00:33:29.160 --> 00:33:32.680
Now, I'm gonna introduce you guys to a concept

588
00:33:32.680 --> 00:33:36.040
that most of you have never heard of, okay?

589
00:33:36.040 --> 00:33:38.040
And the reason why I'm introducing you to this

590
00:33:38.040 --> 00:33:40.760
is because I want you to understand your legal rights

591
00:33:40.760 --> 00:33:43.240
if somebody tries to bully you around, all right?

592
00:33:43.240 --> 00:33:45.320
Because I told you, I'm all about protection.

593
00:33:45.320 --> 00:33:47.680
I'm very protective by nature,

594
00:33:47.680 --> 00:33:50.340
but I wanna make sure that you guys don't get bullied,

595
00:33:50.340 --> 00:33:51.260
all right?

596
00:33:51.260 --> 00:33:54.200
If you've been using a certain trademark, a name,

597
00:33:55.260 --> 00:33:57.020
and it doesn't commit, let's say,

598
00:33:57.020 --> 00:33:59.980
let's say that you've been using it for the last 10 years,

599
00:33:59.980 --> 00:34:02.300
right, and somebody else goes out there

600
00:34:02.300 --> 00:34:05.540
and they get a federal registration for a trademark,

601
00:34:05.540 --> 00:34:10.540
you have what's called common law trademark rights, okay?

602
00:34:12.100 --> 00:34:15.020
Common law, everybody type in the chat, common law.

603
00:34:15.020 --> 00:34:17.780
I need you guys to understand this concept.

604
00:34:17.780 --> 00:34:20.739
This concept may result in you,

605
00:34:21.600 --> 00:34:23.560
in your company not being sued.

606
00:34:23.560 --> 00:34:25.699
It may result in you not forking over money

607
00:34:25.699 --> 00:34:29.500
to a ton of lawyers and not spending a lot of money

608
00:34:29.500 --> 00:34:32.260
on rebranding, okay?

609
00:34:33.300 --> 00:34:36.940
Under common law, yeah, thank you for typing it in, guys.

610
00:34:36.940 --> 00:34:39.060
The reason why I told you guys to type certain things in

611
00:34:39.060 --> 00:34:41.560
is because it's a known fact that when you write things down

612
00:34:41.560 --> 00:34:43.940
or you type things down, you'll remember them better.

613
00:34:43.940 --> 00:34:46.000
So that's one of the reasons why I'm doing this for you.

614
00:34:46.000 --> 00:34:50.300
All right, so under common law,

615
00:34:50.300 --> 00:34:52.760
if you have been using a trademark,

616
00:34:54.100 --> 00:34:58.100
so a name or a logo or a slogan as an identification

617
00:34:58.100 --> 00:34:59.920
as to a source of goods, right?

618
00:35:00.000 --> 00:35:03.000
and you've been using it in interstate commerce,

619
00:35:03.000 --> 00:35:05.000
let's say across state lines,

620
00:35:05.000 --> 00:35:08.360
and somebody else gets a federal registration for it

621
00:35:08.360 --> 00:35:10.180
after you've been using it,

622
00:35:10.180 --> 00:35:13.260
you can continue to use it in the geographical regions

623
00:35:13.260 --> 00:35:15.680
where you've already been using it.

624
00:35:15.680 --> 00:35:17.720
I'll give you a real life example, okay?

625
00:35:17.720 --> 00:35:19.320
I see people getting excited right now.

626
00:35:19.320 --> 00:35:21.840
Yeah, so let me, I'm gonna give you,

627
00:35:21.840 --> 00:35:24.000
I'm gonna give you a real life example,

628
00:35:24.000 --> 00:35:26.920
but let me explain this to you a little slower, okay?

629
00:35:27.880 --> 00:35:32.880
Betty owns a burger place, right?

630
00:35:33.480 --> 00:35:37.400
And she decides to call it, her last name is McDonald's.

631
00:35:37.400 --> 00:35:39.720
So she, her last name is McDonald's.

632
00:35:39.720 --> 00:35:43.200
So she decides to create McDonald's, right?

633
00:35:43.200 --> 00:35:48.200
And she does this like 20 years before McDonald's even exists.

634
00:35:50.040 --> 00:35:52.600
McDonald's comes around, files a federal registration,

635
00:35:52.600 --> 00:35:53.960
reaches out to Betty and says,

636
00:35:53.960 --> 00:35:57.600
hey, Betty, you gotta stop selling burgers

637
00:35:57.600 --> 00:35:59.360
under the name McDonald's

638
00:35:59.360 --> 00:36:02.280
because we have a federal registration for it.

639
00:36:02.280 --> 00:36:06.440
Betty says, I don't think so, all right?

640
00:36:06.440 --> 00:36:08.640
I've been using this name in interstate commerce

641
00:36:08.640 --> 00:36:10.160
before you even filed,

642
00:36:10.160 --> 00:36:12.680
so I can continue to use the name

643
00:36:12.680 --> 00:36:15.920
in the geographical regions where I've been using it.

644
00:36:15.920 --> 00:36:20.180
I can continue to do that and you can't stop me, all right?

645
00:36:20.180 --> 00:36:22.080
Now, if, just to be clear,

646
00:36:22.080 --> 00:36:24.080
if you get a cease and desist letter, call a lawyer.

647
00:36:24.080 --> 00:36:25.920
Don't try and do this on your own.

648
00:36:25.920 --> 00:36:29.400
Like, it's a bad idea to say, well, you know what?

649
00:36:30.360 --> 00:36:32.880
I was in the Protect Your Idea Challenge

650
00:36:32.880 --> 00:36:34.720
and you know what Mr. Nieves said?

651
00:36:34.720 --> 00:36:36.920
He said, you can kiss my butt

652
00:36:36.920 --> 00:36:39.080
because I have common law rights

653
00:36:39.080 --> 00:36:41.480
and under common law rights, you actually owe me money.

654
00:36:41.480 --> 00:36:43.200
Like, that's a bad idea.

655
00:36:43.200 --> 00:36:45.240
I would not go down that right.

656
00:36:45.240 --> 00:36:48.160
Even though it's true, I would make sure you talked to,

657
00:36:48.160 --> 00:36:49.920
yeah, or kiss my grits.

658
00:36:49.920 --> 00:36:51.160
Remember that, Marcelo?

659
00:36:51.160 --> 00:36:52.280
Kiss my grits?

660
00:36:52.280 --> 00:36:53.280
Way back in the day.

661
00:36:53.280 --> 00:36:56.960
All right, so I would, that was not legal advice.

662
00:36:56.960 --> 00:37:00.800
I'm just saying I would not go down that route.

663
00:37:00.800 --> 00:37:03.320
You get a cease and desist letter, talk to a lawyer, okay?

664
00:37:03.320 --> 00:37:06.840
Because there's all sorts of issues with evidence

665
00:37:06.840 --> 00:37:10.060
and what you say and who you email and who you talk to.

666
00:37:10.060 --> 00:37:12.800
If you want to know more, just ask me in VIP.

667
00:37:12.800 --> 00:37:14.240
I'll give you more detail there.

668
00:37:14.240 --> 00:37:15.740
So, Mel's Dinah.

669
00:37:15.740 --> 00:37:17.760
Yeah, that's it, you remember?

670
00:37:17.760 --> 00:37:19.560
It was so good, I missed that.

671
00:37:20.200 --> 00:37:22.760
All right, so all of this to basically say

672
00:37:22.760 --> 00:37:24.440
you have certain legal rights

673
00:37:24.440 --> 00:37:27.040
even though you haven't filed anything yet.

674
00:37:27.920 --> 00:37:31.020
That's something that's very important to understand.

675
00:37:31.020 --> 00:37:32.960
You may be in a situation

676
00:37:32.960 --> 00:37:35.640
where you don't even need to spend a penny.

677
00:37:35.640 --> 00:37:37.120
I'm a lawyer and I'm telling you,

678
00:37:37.120 --> 00:37:39.640
you may have an opportunity to have certain legal rights

679
00:37:39.640 --> 00:37:41.720
without even calling a lawyer, okay?

680
00:37:41.720 --> 00:37:44.880
So you need to learn about this thing called common law.

681
00:37:44.880 --> 00:37:46.480
What are common law trademark rights?

682
00:37:46.520 --> 00:37:50.200
Because you may in fact be able to continue using the name

683
00:37:50.200 --> 00:37:52.400
in the geographical region where you've already using it.

684
00:37:52.400 --> 00:37:54.180
Now, what does that mean?

685
00:37:54.180 --> 00:37:56.440
That does not mean if you're using it in California,

686
00:37:56.440 --> 00:37:57.680
you own California.

687
00:37:57.680 --> 00:38:00.480
That's not a geographical region.

688
00:38:00.480 --> 00:38:04.400
A geographical region is more like a town, okay?

689
00:38:04.400 --> 00:38:06.280
So it's not really like a city.

690
00:38:06.280 --> 00:38:08.040
It's not like New York City.

691
00:38:08.040 --> 00:38:10.540
It's not like Manhattan.

692
00:38:10.540 --> 00:38:12.340
It's like a town.

693
00:38:12.340 --> 00:38:14.120
It's like, it gets, you know.

694
00:38:14.120 --> 00:38:17.920
So like you're in Bronxville, you know, New York.

695
00:38:17.920 --> 00:38:19.080
So you're not in the Bronx.

696
00:38:19.080 --> 00:38:20.200
You're not in White Plains.

697
00:38:20.200 --> 00:38:22.280
You're like, you're in this little area,

698
00:38:22.280 --> 00:38:25.080
but you may own that little area, okay?

699
00:38:25.080 --> 00:38:26.580
So just remember that term.

700
00:38:26.580 --> 00:38:28.400
So if you ever get in trouble,

701
00:38:29.240 --> 00:38:32.020
realize that you can let your lawyers look that up

702
00:38:32.020 --> 00:38:34.160
and then hopefully you'll have certain legal rights.

703
00:38:34.160 --> 00:38:38.300
So the long and short of it was John never had to change

704
00:38:38.300 --> 00:38:40.920
the name of his company ever.

705
00:38:40.920 --> 00:38:43.640
And when he found that out, he was kind of upset.

706
00:38:44.560 --> 00:38:45.760
With his lawyer.

707
00:38:45.760 --> 00:38:48.120
But the fact of the matter is I think the name

708
00:38:48.120 --> 00:38:50.680
of his company is way better now, quite frankly.

709
00:38:50.680 --> 00:38:53.480
But the reason why I'm teaching you this is

710
00:38:53.480 --> 00:38:56.960
if you are liable for trademark infringement,

711
00:38:56.960 --> 00:38:59.560
like if you're infringing upon somebody else's trademark,

712
00:38:59.560 --> 00:39:01.920
that means you got to change your website.

713
00:39:01.920 --> 00:39:04.440
You got to change your marketing materials.

714
00:39:04.440 --> 00:39:06.700
You got to change like everything.

715
00:39:06.700 --> 00:39:08.840
Like you might have to pull product from the shelves.

716
00:39:08.840 --> 00:39:12.360
You can spend tens of thousands of dollars rebranding

717
00:39:12.360 --> 00:39:14.080
because you never did a trademark search.

718
00:39:14.080 --> 00:39:17.440
So that's why we're gonna go over trademark searching, okay?

719
00:39:17.440 --> 00:39:20.140
Okay, now another thing to learn.

720
00:39:20.140 --> 00:39:22.560
There's a difference between a state trademark

721
00:39:23.560 --> 00:39:24.880
and a federal trademark.

722
00:39:24.880 --> 00:39:29.200
Those are two different things, state and federal.

723
00:39:30.400 --> 00:39:34.240
Anybody here who is selling products

724
00:39:34.240 --> 00:39:37.120
or providing services across state lines,

725
00:39:37.980 --> 00:39:39.920
this is not legal advice.

726
00:39:39.920 --> 00:39:40.760
Here we go again.

727
00:39:40.760 --> 00:39:44.920
I'm gonna get drunk on water here.

728
00:39:44.920 --> 00:39:47.240
All right, this is not legal advice,

729
00:39:47.240 --> 00:39:50.960
but if you are selling product

730
00:39:50.960 --> 00:39:53.520
or providing services across state lines,

731
00:39:53.520 --> 00:39:58.080
why in the world would, if I were in that situation,

732
00:39:58.080 --> 00:40:00.280
why would I want rights only in one?

733
00:40:00.000 --> 00:40:05.800
one state. I would want rights in multiple states. And here's the thing. The cost that

734
00:40:05.800 --> 00:40:11.280
you're going to spend on a state registration is very close to the cost for owning that

735
00:40:11.280 --> 00:40:19.160
trademark through all of the United States. Very close, especially if you're using a lawyer.

736
00:40:19.160 --> 00:40:23.960
So that means instead of playing games by filing in California, then filing in, you

737
00:40:23.960 --> 00:40:29.280
know, New York, then filing in Florida, file one trademark application and you get all

738
00:40:29.280 --> 00:40:34.720
of the United States in one application. OK, now some of you here, where are my people

739
00:40:34.720 --> 00:40:38.120
who are in foreign countries? Raise your hand who are in other countries. All right. We

740
00:40:38.120 --> 00:40:42.560
got one. I know we've got Australia. I think we've got Germany represented. We've got a

741
00:40:42.560 --> 00:40:47.360
number of different countries. We got the United Kingdom. We got a bunch of you. Right.

742
00:40:47.360 --> 00:40:54.160
So here's the thing. There are legal rights that you can obtain in foreign countries as

743
00:40:54.160 --> 00:41:01.160
well. OK, now, what I'm teaching you here pertains to the United States. But Canada

744
00:41:01.160 --> 00:41:05.920
is very similar. Very, very, very similar to the United States. The only difference

745
00:41:05.920 --> 00:41:10.200
really. Well, one of the differences, main differences is that in Canada, it takes like

746
00:41:10.200 --> 00:41:15.960
three years to get a registration for a trademark, which is a long time. Right. Larissa is learning

747
00:41:15.960 --> 00:41:24.200
that because she's now in Canada. So you really married up like way up, way up north.

748
00:41:24.200 --> 00:41:29.680
So so in her situation, if she filed a trademark application in Canada, it would take about

749
00:41:29.680 --> 00:41:34.160
three years in the United States. It takes about nine months to get an office action

750
00:41:34.160 --> 00:41:39.360
and takes about a year to get a registration. OK, total. You shouldn't be waiting a lot

751
00:41:39.360 --> 00:41:44.720
more than a year unless you're getting what's called office actions, meaning you filed an

752
00:41:44.760 --> 00:41:49.680
application and it gets rejected, it gets rejected. Then you've got to go back and forth

753
00:41:49.680 --> 00:41:54.320
with the trademark office. That can take a little bit of time. Otherwise, you're likely

754
00:41:54.320 --> 00:41:58.800
going to hear from the United States patent trademark office after you file an application,

755
00:41:58.800 --> 00:42:04.440
usually within nine months. OK, that's typically the timeline. Now, for other foreign

756
00:42:04.440 --> 00:42:12.400
countries, you can do within six months, you can file one application designating a lot

757
00:42:12.400 --> 00:42:18.240
of different countries. OK. And I'm going to post something in the Facebook group, I'm

758
00:42:18.240 --> 00:42:20.960
going to post you a link that gives you a lot more detail on that, I'm not going to

759
00:42:20.960 --> 00:42:26.760
spend a lot of time here on that now, but you can file a foreign application designating

760
00:42:26.760 --> 00:42:32.520
a lot of different countries at once. And then when that gets approved, then you're

761
00:42:32.520 --> 00:42:36.320
going to go through individual registrations in specific countries that you'll you'll get.

762
00:42:36.680 --> 00:42:44.600
OK, but remember the timeline, six months. If you want to maintain the filing date of

763
00:42:44.600 --> 00:42:48.920
your original trademark application, you've got to do it within six months. Now, some

764
00:42:48.920 --> 00:42:53.760
of you may not care. Some of you might say, well, who cares if I if I maintain a priority

765
00:42:53.760 --> 00:43:03.240
date? The trademark, the trademark office is a first to file system. OK, so I'll give

766
00:43:03.240 --> 00:43:09.400
you an example. Let me pick on David Kim. All right, David Kim. What's up, David? So

767
00:43:11.040 --> 00:43:16.240
so, David, David comes out with this really cool name. And David says, you know what,

768
00:43:17.040 --> 00:43:22.680
I'm going to use this name, whatever it is. Right. And so he says, I'm going to I have

769
00:43:22.680 --> 00:43:29.480
this great name and I'm going to start using it, but I haven't started using it yet. So

770
00:43:30.040 --> 00:43:34.600
let me think about this. Three weeks go by. He then goes and files. And when he goes to

771
00:43:34.600 --> 00:43:39.600
file, he gets a rejection after nine months. And the reason why he's getting a rejection

772
00:43:39.600 --> 00:43:47.680
is because Dimitri, who's very crafty, who's here, Dimitri actually filed for one week

773
00:43:47.680 --> 00:43:53.360
before he filed. OK, one week. I know, David, what were you thinking, man? What were you

774
00:43:53.360 --> 00:44:00.040
thinking? So what happens in this scenario is Dimitri wins. Yeah, I know. Right. Dimitri

775
00:44:00.040 --> 00:44:05.880
wins. He automatically wins. Right. So, like, I don't know, man, he's just he's just

776
00:44:05.880 --> 00:44:11.720
taking it all. So but this is because it's a first to file system. Now, what if David

777
00:44:11.720 --> 00:44:18.400
said, you know what, I'm not using the trademark yet, but I want to file anyway.

778
00:44:19.400 --> 00:44:25.200
There's a thing called here's a second golden nugget for you guys. It's called an intent

779
00:44:25.200 --> 00:44:32.160
to use trademark application. Most people never heard of this thing. All right. Intent

780
00:44:32.160 --> 00:44:39.760
to use. It's under what's called section one B as in boy of the statute. One B as in boy

781
00:44:39.760 --> 00:44:45.600
type in the chat. One B. You guys remember just type one B. OK, section one B. That's

782
00:44:45.640 --> 00:44:50.640
where you file. You ask your trademark attorney or whoever your attorney is. I want to file

783
00:44:50.640 --> 00:44:55.640
a section one B application. What that means is that even though David hasn't you started

784
00:44:55.640 --> 00:44:59.840
using the trademark yet, if he filed a section one B application, he would.

785
00:45:00.000 --> 00:45:06.320
beat Dimitri because if he wasn't waiting until he started using it after three weeks he just

786
00:45:06.320 --> 00:45:12.080
filed immediately under 1b he would beat Dimitri now Dimitri would go out there and say well hold

787
00:45:12.080 --> 00:45:19.200
it i'm using it that reminds me of the cat video like that thing i have daughters david i have

788
00:45:19.200 --> 00:45:26.000
daughters i see a lot of videos so what happens in that situation is that Dimitri files afterwards

789
00:45:26.960 --> 00:45:31.440
because he started using it but since david filed an intent to use application he wins

790
00:45:32.320 --> 00:45:39.200
it's a first to file system guys first to file so you come out with a brand new name and you're not

791
00:45:39.200 --> 00:45:43.360
you don't have any products yet or you don't have you know you're going to make a certain product

792
00:45:43.360 --> 00:45:49.920
but you haven't started selling yet don't wait trademarks are one of the hardest things to come

793
00:45:49.920 --> 00:45:56.480
up with i can't tell you how many people have hired me just to come up with a new name for

794
00:45:56.480 --> 00:46:03.520
their company and i have an uncanny gift to do that but that that's that's a whole other thing

795
00:46:03.520 --> 00:46:10.800
but the whole point being that if you have a name protect it don't go posting it on facebook

796
00:46:11.600 --> 00:46:14.640
don't go out there and i'm going to tell you one other thing not to do

797
00:46:15.600 --> 00:46:19.520
i personally would not go on namecheap and start searching for the name yet

798
00:46:20.560 --> 00:46:27.040
okay let me explain to you why all right and this is and i'm giving a lot of really big tips to you

799
00:46:27.040 --> 00:46:33.120
guys right now on day one which is unusual so you guys must be very practical in nature so i'm giving

800
00:46:33.120 --> 00:46:37.360
you a lot of a lot of these things it's kind of getting drawn out of me all right let me explain

801
00:46:37.360 --> 00:46:42.240
something to you about how some of the corrupt systems work associated with domain names okay

802
00:46:42.960 --> 00:46:50.880
you go to namecheap you go to godaddy you go to um any one of these many of these other ones

803
00:46:50.880 --> 00:46:58.400
when you type in the name if it's available it'll pop up as available on namecheap it'll be like

804
00:46:58.400 --> 00:47:04.880
895 usually right if it's something that's pretty simple then you go away you're like oh that's

805
00:47:04.880 --> 00:47:10.160
awesome i got a great new name i'm gonna i'm gonna go and you know see if i can develop something you

806
00:47:10.160 --> 00:47:16.080
come back two weeks later you search for that name it's still available but it's 795 dollars

807
00:47:18.480 --> 00:47:26.640
and you're going what happened like it was just 895 like they decided to add practically two zeros

808
00:47:26.640 --> 00:47:32.560
like what happened because they have an engine that's basically watching to see what you type

809
00:47:33.280 --> 00:47:38.320
and then they're determining where the interest is and now that they know there's interest cost

810
00:47:38.320 --> 00:47:44.880
goes up okay so it's very important for you what i would personally do this is a sequence i would

811
00:47:44.880 --> 00:47:51.280
use if i had a name that i was interested in for a domain name i would go and i'd do a trademark

812
00:47:51.280 --> 00:47:59.360
search first okay why do i say that because if you come out with a domain name that's the exactly

813
00:47:59.360 --> 00:48:05.440
the same as a certain trademark the trademark owner can stop you from using the domain name

814
00:48:06.400 --> 00:48:13.760
it's called the domain name dispute policy so to make this very simple for you you come out with a

815
00:48:13.760 --> 00:48:19.920
new name everybody and their mother goes i need to buy a domain name i mean ray knows i would i own

816
00:48:19.920 --> 00:48:27.520
like 100 and something domain names at this point 762 domains i'm just kidding no way i don't know

817
00:48:27.920 --> 00:48:30.880
i don't know is that i i thought it was like about 100 his name is not

818
00:48:34.800 --> 00:48:39.520
yes there's a lot of them but a little i'm a little bit of an exaggerator sometimes a little

819
00:48:39.520 --> 00:48:44.640
so well i just thought my budget got blown when you said that but um but the whole point being that

820
00:48:46.160 --> 00:48:50.480
if you if you have a certain domain name and somebody owns the trademark

821
00:48:50.480 --> 00:48:55.760
they can file a dispute against you under what's called a domain name dispute policy

822
00:48:56.480 --> 00:49:04.320
and say i own that trademark they need to stop using that trademark as a domain name and most

823
00:49:04.320 --> 00:49:09.200
of the time they're going to win all right especially if they're doing something similar

824
00:49:09.200 --> 00:49:14.480
in goods or services they're definitely going to win in that case all right but if you own the

825
00:49:14.480 --> 00:49:21.120
federal registration for a certain name and somebody else has a domain name you can stop them

826
00:49:21.520 --> 00:49:26.800
and they somebody else could stop you so i'm saying all this to say do your trademark search

827
00:49:26.800 --> 00:49:30.080
first i'm going to show you tomorrow how to do a trademark search you're not going to want to

828
00:49:30.080 --> 00:49:35.680
miss tomorrow just to let you guys know i'm going to show you some tricks to searching which are

829
00:49:35.680 --> 00:49:43.680
pretty neat um but the point being once you do your trademark search right do not file please

830
00:49:43.680 --> 00:49:51.600
listen to me please please listen to me okay do not file your trademark application i mean don't

831
00:49:51.600 --> 00:50:00.240
file your domain name application yet okay and don't file your trademark application yet

832
00:50:00.000 --> 00:50:02.720
First, do the search.

833
00:50:02.720 --> 00:50:06.880
Number 1, do a trademark search is number 1.

834
00:50:06.880 --> 00:50:11.600
Number 2, if the trademark is available,

835
00:50:11.600 --> 00:50:16.480
now you go to the domain name and you buy the domain name.

836
00:50:16.480 --> 00:50:18.720
Number 1, trademark search.

837
00:50:18.720 --> 00:50:21.080
Number 2, buy the domain name.

838
00:50:21.080 --> 00:50:24.240
Now that you own the domain name,

839
00:50:24.240 --> 00:50:29.520
go back to the USPTO website and file the trademark application.

840
00:50:29.760 --> 00:50:31.600
In the same day, if you can.

841
00:50:31.600 --> 00:50:34.840
File a 1B, an intent to use application, if you can.

842
00:50:34.840 --> 00:50:36.560
Why am I telling you this sequence?

843
00:50:36.560 --> 00:50:37.960
Let me explain to you.

844
00:50:37.960 --> 00:50:42.080
I already told you that if you do a search for a domain name

845
00:50:42.080 --> 00:50:43.080
and they see a lot of interest,

846
00:50:43.080 --> 00:50:45.000
they're going to increase the cost, right?

847
00:50:45.000 --> 00:50:49.800
What I didn't tell you is that there are a number of individuals

848
00:50:49.800 --> 00:50:52.840
that are making a lot of money doing the following.

849
00:50:52.840 --> 00:50:56.000
You file a trademark application.

850
00:50:56.000 --> 00:50:59.040
They watch, they literally wait to see

851
00:50:59.040 --> 00:51:01.600
what new applications are being filed.

852
00:51:01.600 --> 00:51:04.600
You know what they do immediately?

853
00:51:04.600 --> 00:51:07.800
Somebody type in the chat what they do immediately.

854
00:51:07.800 --> 00:51:09.920
Yeah, I see people mouthing already.

855
00:51:09.920 --> 00:51:13.840
Buy it, buy the domain name, buy the domain name, exactly.

856
00:51:13.840 --> 00:51:15.760
Guys, this is a business.

857
00:51:15.760 --> 00:51:17.600
This is a big business.

858
00:51:17.600 --> 00:51:23.040
People are making hundreds of thousands of dollars doing this, okay?

859
00:51:23.040 --> 00:51:25.640
You go and you do your search.

860
00:51:25.640 --> 00:51:29.040
You go out there and you file your application.

861
00:51:29.040 --> 00:51:32.880
And then you go to search for your domain name and somebody bought it.

862
00:51:32.880 --> 00:51:35.720
And then, oh my gosh, the email address that I used

863
00:51:35.720 --> 00:51:37.120
for my trademark application,

864
00:51:37.120 --> 00:51:41.040
I just got an email from this really nice person.

865
00:51:41.040 --> 00:51:42.640
They're really nice, they're really kind.

866
00:51:42.640 --> 00:51:44.640
They care so deeply about you.

867
00:51:44.640 --> 00:51:46.920
They care so deeply about you

868
00:51:46.920 --> 00:51:49.920
that they bought the domain name for you

869
00:51:49.920 --> 00:51:51.400
because they cared so much about you.

870
00:51:51.400 --> 00:51:52.760
They bought it for you.

871
00:51:52.760 --> 00:51:57.520
And then they took all this hardship to email you about it.

872
00:51:57.520 --> 00:52:00.720
And then to make sure that you understood just how important this was to you,

873
00:52:00.720 --> 00:52:05.880
they decided to charge you $2,000 or $2,500 for it, okay?

874
00:52:05.880 --> 00:52:09.720
Now, obviously, I'm being sarcastic, but this happens all the time.

875
00:52:09.720 --> 00:52:12.000
So number one, trademark search.

876
00:52:12.000 --> 00:52:13.520
Number two, buy the domain name.

877
00:52:13.520 --> 00:52:16.480
Number three, go file the application, all right?

878
00:52:16.480 --> 00:52:19.520
If you can do them all on the same day, do them all on the same day.

879
00:52:19.520 --> 00:52:23.360
Because I just had, it was about two months ago,

880
00:52:23.360 --> 00:52:27.480
major, major, major corporation did this backwards.

881
00:52:27.480 --> 00:52:32.560
Individual in China bought the domain name for their trademark,

882
00:52:32.560 --> 00:52:36.720
came out, charged them $8,000.

883
00:52:36.720 --> 00:52:43.280
Guys, $8,000 for a domain name that costs $8.95.

884
00:52:43.280 --> 00:52:45.800
So what did they do? They called me up.

885
00:52:45.800 --> 00:52:49.200
And I made their life ridiculously miserable.

886
00:52:49.200 --> 00:52:51.040
And finally, they handed it over.

887
00:52:51.040 --> 00:52:53.080
They were like, here, take it, like, just take it.

888
00:52:53.080 --> 00:52:58.960
So, you know, we went after them for tortious interference with business practice,

889
00:52:58.960 --> 00:53:02.040
unfair business practice, trademark infringement.

890
00:53:02.040 --> 00:53:04.920
Like, we went after him for all sorts of stuff, right?

891
00:53:04.920 --> 00:53:05.920
And then they backed off.

892
00:53:05.920 --> 00:53:11.800
But, you know, he paid me $3,000 to get something that should have cost him $8.95.

893
00:53:11.800 --> 00:53:13.880
Okay, is that helpful to you guys?

894
00:53:13.880 --> 00:53:15.320
Do you understand the sequence now?

895
00:53:15.320 --> 00:53:16.000
Good.

896
00:53:16.000 --> 00:53:19.600
That's the path that you should be using all the time, okay?

897
00:53:19.600 --> 00:53:21.640
Really important to go that route.

898
00:53:21.640 --> 00:53:24.880
All right, now, going back to state versus federal,

899
00:53:24.880 --> 00:53:26.560
we're going to go about 10 more minutes.

900
00:53:26.560 --> 00:53:28.600
And guys, this is day one.

901
00:53:28.600 --> 00:53:30.160
All right, we got four more days,

902
00:53:30.160 --> 00:53:32.280
but I don't want to overwhelm you with stuff,

903
00:53:32.280 --> 00:53:35.200
but I just want to kind of reiterate this one thing,

904
00:53:35.200 --> 00:53:41.280
state versus federal application for all the United States.

905
00:53:41.280 --> 00:53:44.920
If you're only using the trademark in your state,

906
00:53:44.920 --> 00:53:47.400
then you can't file a federal trademark application

907
00:53:47.400 --> 00:53:49.880
because you have to use it in interstate commerce.

908
00:53:49.880 --> 00:53:54.320
It has to go across state lines for you to get a federal application.

909
00:53:54.320 --> 00:53:58.200
What if you're selling online?

910
00:53:58.200 --> 00:54:01.960
How many people here do business online by a show of hands?

911
00:54:01.960 --> 00:54:04.440
There's a decent amount of you, okay.

912
00:54:04.440 --> 00:54:07.160
What if you have a coaching service?

913
00:54:07.160 --> 00:54:09.760
Or what if you're selling products on eBay?

914
00:54:09.760 --> 00:54:12.280
See, I see Lola, she's like, yep, I got a coaching service.

915
00:54:12.280 --> 00:54:16.240
So, you know, or you're selling products on eBay, whatever it is, right.

916
00:54:16.240 --> 00:54:22.840
If that's the situation, then wherever the people are purchasing,

917
00:54:22.840 --> 00:54:24.360
so if they're purchasing your service,

918
00:54:24.360 --> 00:54:28.600
let's say they're in Pennsylvania and you're in New Hampshire, right.

919
00:54:28.600 --> 00:54:33.640
Well, in that situation, I am providing services across state lines.

920
00:54:33.640 --> 00:54:36.560
I've got people all over the world here.

921
00:54:36.560 --> 00:54:40.360
So, I'm actually providing international service here, okay.

922
00:54:40.360 --> 00:54:44.040
So, I can file a federal trademark application for the Protector Idea Challenge,

923
00:54:44.040 --> 00:54:48.720
which I have, just because I've got people in all these different places

924
00:54:48.720 --> 00:54:51.480
that are purchasing my services, okay.

925
00:54:51.480 --> 00:54:55.240
So, for the internet, you typically look to see where things are being purchased.

926
00:54:55.240 --> 00:54:57.200
That's the easy test.

927
00:54:57.200 --> 00:54:59.680
Where are things being purchased, right?

928
00:55:00.000 --> 00:55:02.400
present, actually, I shouldn't.

929
00:55:02.400 --> 00:55:04.740
I shouldn't say who I represent without their permission,

930
00:55:04.740 --> 00:55:05.400
so I won't say.

931
00:55:05.400 --> 00:55:08.400
But I represent a certain individual

932
00:55:08.400 --> 00:55:11.360
who owns a very large, large network.

933
00:55:11.360 --> 00:55:14.120
And that individual has people from all over the United

934
00:55:14.120 --> 00:55:16.880
States who are registering in their network.

935
00:55:16.880 --> 00:55:17.640
So what do they do?

936
00:55:17.640 --> 00:55:19.240
One federal application.

937
00:55:19.240 --> 00:55:22.600
Do not file individual state applications.

938
00:55:22.600 --> 00:55:27.040
If you're being told by a lawyer to do that, ask them why.

939
00:55:27.040 --> 00:55:29.320
If you're being asked to file in two different states,

940
00:55:29.320 --> 00:55:30.760
ask them why.

941
00:55:30.760 --> 00:55:33.360
Why am I filing in two different states?

942
00:55:33.360 --> 00:55:35.440
If I'm using in two different states,

943
00:55:35.440 --> 00:55:37.680
that means I must have use in interstate commerce.

944
00:55:37.680 --> 00:55:39.720
So then why not just file one application

945
00:55:39.720 --> 00:55:41.640
and own all the United States?

946
00:55:41.640 --> 00:55:43.400
It costs you less, OK?

947
00:55:43.400 --> 00:55:46.800
Does that make sense, state versus federal?

948
00:55:46.800 --> 00:55:49.440
So if you're using it just in your state only,

949
00:55:49.440 --> 00:55:52.360
then you're only going to be able to file state registration.

950
00:55:52.360 --> 00:55:53.040
That's OK.

951
00:55:53.040 --> 00:55:54.280
Then you just own your state.

952
00:55:54.280 --> 00:55:55.120
That's all right.

953
00:55:55.120 --> 00:55:56.680
Nothing wrong with that.

954
00:55:56.680 --> 00:55:58.640
But just understand that you can't file federal

955
00:55:58.680 --> 00:56:01.720
unless you're going across state lines, OK?

956
00:56:01.720 --> 00:56:02.920
All right.

957
00:56:02.920 --> 00:56:06.000
We covered a lot.

958
00:56:06.000 --> 00:56:08.320
I'm going to go over common law a little more now.

959
00:56:08.320 --> 00:56:09.560
And I think we'll close there.

960
00:56:09.560 --> 00:56:10.560
Actually, you know what?

961
00:56:10.560 --> 00:56:12.440
I'm going to do something a little different.

962
00:56:12.440 --> 00:56:15.600
I'm going to answer.

963
00:56:15.600 --> 00:56:18.480
I'm going to give you guys a taste of VIP, all right?

964
00:56:18.480 --> 00:56:20.520
I'm going to answer two questions.

965
00:56:20.520 --> 00:56:24.120
Raise your virtual hand if you have a question.

966
00:56:24.120 --> 00:56:26.800
I'm going to give you a taste of what happens in VIP.

967
00:56:26.840 --> 00:56:29.840
Because if you guys have the ability to go in VIP,

968
00:56:29.840 --> 00:56:32.120
trust me, guys, I'm not telling you guys to go in VIP

969
00:56:32.120 --> 00:56:33.120
because I need the money.

970
00:56:33.120 --> 00:56:34.640
That's not it, all right?

971
00:56:34.640 --> 00:56:36.160
I bill it $600 an hour.

972
00:56:36.160 --> 00:56:37.640
That's not the reason.

973
00:56:37.640 --> 00:56:40.240
The reason why is you guys have questions.

974
00:56:40.240 --> 00:56:42.520
And when you ask questions, you're

975
00:56:42.520 --> 00:56:44.360
going to have follow-up questions.

976
00:56:44.360 --> 00:56:46.160
And then what happens on top of that

977
00:56:46.160 --> 00:56:48.160
is you hear somebody else ask the question,

978
00:56:48.160 --> 00:56:49.120
and you get the answer.

979
00:56:49.120 --> 00:56:51.240
And you go, man, I didn't even think about that.

980
00:56:51.240 --> 00:56:53.640
And that's what happens in VIP, OK?

981
00:56:53.640 --> 00:56:55.680
So if you have the ability, I would get in there.

982
00:56:55.680 --> 00:56:58.000
I would drop the link.

983
00:56:58.000 --> 00:57:01.520
All right, so let me go over one more thing,

984
00:57:01.520 --> 00:57:04.520
just in more detail, common law versus federal.

985
00:57:04.520 --> 00:57:05.720
And then I'm going to answer.

986
00:57:05.720 --> 00:57:08.400
I've got Michelle, and then I've got Naveed.

987
00:57:08.400 --> 00:57:11.040
So I'll answer those two individuals, OK?

988
00:57:11.040 --> 00:57:16.240
All right, common law.

989
00:57:16.240 --> 00:57:17.640
I already explained to you, if I've

990
00:57:17.640 --> 00:57:19.840
been using it in interstate commerce,

991
00:57:19.840 --> 00:57:24.760
and then somebody gets a federal registration, I win.

992
00:57:24.760 --> 00:57:27.080
But I only win the geographical regions

993
00:57:27.080 --> 00:57:30.560
where I'm already using it, OK?

994
00:57:30.560 --> 00:57:32.680
Only there.

995
00:57:32.680 --> 00:57:34.200
The federal registrant, the person

996
00:57:34.200 --> 00:57:36.600
who filed for federal trademark registration

997
00:57:36.600 --> 00:57:40.600
owns every other place, every other place, OK?

998
00:57:40.600 --> 00:57:43.240
So I'll give you a real example.

999
00:57:43.240 --> 00:57:47.600
I'm using the trademark in Destin, Florida, OK?

1000
00:57:47.600 --> 00:57:51.360
And I'm selling into Concord, New Hampshire, all right?

1001
00:57:51.360 --> 00:57:52.800
So now I've got Destin, Florida.

1002
00:57:52.800 --> 00:57:54.720
I've got Concord, New Hampshire, OK?

1003
00:57:54.720 --> 00:57:56.280
Great, that's awesome.

1004
00:57:56.280 --> 00:57:59.760
I'm making $2 million, $1.5 million, whatever it is.

1005
00:57:59.760 --> 00:58:01.320
I'm making some good money.

1006
00:58:01.320 --> 00:58:05.000
Somebody files for, you know, Jill gets ambitious,

1007
00:58:05.000 --> 00:58:07.480
and she files for a federal trademark application

1008
00:58:07.480 --> 00:58:11.520
for the exact same name, not by copying the name from me,

1009
00:58:11.520 --> 00:58:13.800
but because she came up with the name herself.

1010
00:58:13.800 --> 00:58:16.600
She files a federal trademark application.

1011
00:58:16.600 --> 00:58:20.000
That means I'm now stuck in Destin, Florida,

1012
00:58:20.000 --> 00:58:23.080
and Concord, New Hampshire only.

1013
00:58:23.080 --> 00:58:26.200
I cannot branch out, OK?

1014
00:58:26.200 --> 00:58:27.880
Understand that.

1015
00:58:27.880 --> 00:58:31.560
When somebody else files a federal trademark application,

1016
00:58:31.560 --> 00:58:33.720
they now, they don't have to get the registration yet.

1017
00:58:33.720 --> 00:58:36.440
It's just the filing date.

1018
00:58:36.440 --> 00:58:38.800
Now, if they get the registration later,

1019
00:58:38.800 --> 00:58:41.320
their legal rights will allow them to have all the United

1020
00:58:41.320 --> 00:58:45.240
States as of the filing date, OK?

1021
00:58:45.240 --> 00:58:48.320
So I started using it for five years, Destin, Florida,

1022
00:58:48.320 --> 00:58:49.720
Concord, New Hampshire.

1023
00:58:49.720 --> 00:58:54.240
Jill goes and files five years later, right?

1024
00:58:54.240 --> 00:58:55.760
She gets all of the United States

1025
00:58:55.760 --> 00:58:58.880
except Destin, Florida, and Concord, New Hampshire.

1026
00:58:58.880 --> 00:59:01.360
Does that make sense?

1027
00:59:01.360 --> 00:59:08.600
OK, now, what happens if it's common law versus common law?

1028
00:59:08.600 --> 00:59:10.960
Meaning somebody else didn't file a federal trademark

1029
00:59:10.960 --> 00:59:11.480
application.

1030
00:59:11.480 --> 00:59:16.880
What they did was another person just started using it, OK?

1031
00:59:16.880 --> 00:59:21.880
So this person is using it, Concord, New Hampshire.

1032
00:59:21.880 --> 00:59:24.280
So you've got Concord, New Hampshire, Destin, Florida.

1033
00:59:24.280 --> 00:59:25.480
This is mine.

1034
00:59:25.480 --> 00:59:35.480
Jill starts using it in, Jill, give me two places.

1035
00:59:35.480 --> 00:59:37.760
Unmute yourself and give me two places.

1036
00:59:37.760 --> 00:59:39.880
Scottsdale and Denver.

1037
00:59:39.880 --> 00:59:41.200
Where?

1038
00:59:41.200 --> 00:59:43.520
Scottsdale, Arizona, and Denver, Colorado.

1039
00:59:43.520 --> 00:59:46.720
All right, Scottsdale, Arizona, and Denver, Colorado.

1040
00:59:47.720 --> 00:59:48.600
Perfect.

1041
00:59:48.600 --> 00:59:51.360
All right, so now she starts using it there.

1042
00:59:51.360 --> 00:59:53.480
So now she has her own territory.

1043
00:59:53.480 --> 00:59:54.440
I have my own territory.

1044
00:59:54.440 --> 00:59:55.360
Perfect.

1045
00:59:55.360 --> 00:59:59.040
But now, if Jill tries to come into Destin, she can't come in.

1046
00:59:59.040 --> 01:00:01.360
If I try to go in.

1047
01:00:00.000 --> 01:00:06.960
To scottsdale and can't go in you see it's it's like it's basically first to use first to use first to use

1048
01:00:07.440 --> 01:00:10.740
The only trump card in this whole thing is really the federal registration

1049
01:00:11.280 --> 01:00:16.960
But the federal registration is subject to whoever has used it prior to the filing date. All right

1050
01:00:17.920 --> 01:00:23.680
Does that make sense? It's a little complicated. But the whole point of what i'm saying here is if you're already using it

1051
01:00:24.640 --> 01:00:26.640
And somebody else gets a federal registration

1052
01:00:27.440 --> 01:00:34.020
You may not have to stop using it talk to a lawyer, okay. All right, michelle

1053
01:00:36.160 --> 01:00:38.080
How are you

1054
01:00:38.080 --> 01:00:40.000
so good

1055
01:00:40.000 --> 01:00:47.600
Awesome. So good seeing you. Yeah, you too. So I just needed clarity. Um, so I heard you state that

1056
01:00:48.320 --> 01:00:50.320
uh local, um

1057
01:00:51.280 --> 01:00:58.240
Uh the the local search or i'm, sorry the federal you said only do that if you plan to work

1058
01:00:58.880 --> 01:01:00.160
cross

1059
01:01:00.160 --> 01:01:01.120
um

1060
01:01:01.120 --> 01:01:03.120
Cross states, is that correct?

1061
01:01:03.520 --> 01:01:08.640
Yeah, so, um if you're going to use the trademark across state lines

1062
01:01:09.360 --> 01:01:11.680
Then a federal application is the best way to go

1063
01:01:12.480 --> 01:01:19.620
Because um as opposed to filing in every single state that you're going to use it in it's better to file one application

1064
01:01:20.320 --> 01:01:23.440
And own all the states so because I heard

1065
01:01:23.920 --> 01:01:27.200
Okay, I heard you say that if you're not going to then don't

1066
01:01:27.760 --> 01:01:32.640
So i'm trying to figure out do I or don't I I mean I would like to expand further

1067
01:01:33.680 --> 01:01:35.680
If you're going to use it

1068
01:01:36.160 --> 01:01:38.160
In other states, right?

1069
01:01:38.480 --> 01:01:42.800
If you're definitely going to using it under states and you're going to file some this is not legal advice

1070
01:01:42.880 --> 01:01:45.280
Right. I'm, just i'm just kind of giving you a scenario here

1071
01:01:45.440 --> 01:01:47.440
Okay

1072
01:01:47.440 --> 01:01:53.840
This is this is a law school question and I am answering as a professor in law school, okay, right

1073
01:01:54.560 --> 01:01:56.560
So here's the situation. Okay

1074
01:01:57.360 --> 01:01:59.600
If you're not using the trademark yet

1075
01:02:00.480 --> 01:02:06.560
Right, let's assume you're not using it yet, but you intend to use it in multiple states

1076
01:02:07.360 --> 01:02:09.360
Then in that kind of situation

1077
01:02:10.160 --> 01:02:13.360
A federal one federal application is going to give all the states

1078
01:02:13.920 --> 01:02:18.000
Okay, so it's about intent then that's called an intent to you gotcha

1079
01:02:18.640 --> 01:02:24.980
Right. Gotcha. You got it. Got it. Thank you. Yeah, absolutely. No problem. All right navid

1080
01:02:27.040 --> 01:02:29.040
Hey

1081
01:02:29.200 --> 01:02:30.400
Great

1082
01:02:30.400 --> 01:02:32.240
Good. Good to see you

1083
01:02:32.240 --> 01:02:38.160
Nice to see you. Um, so I have a two-part question. I have two brands that i'm a little bit concerned about so just started uh

1084
01:02:38.240 --> 01:02:40.960
Payments business last year. I just dropped the link

1085
01:02:41.440 --> 01:02:46.000
The the process of it is that we're partnering with pretty much every company that has an independent partnership

1086
01:02:46.000 --> 01:02:48.320
Nobody else does that nobody else puts it on their website

1087
01:02:48.400 --> 01:02:54.080
Nobody puts all these other companies on their website and their value prop and their products and their services all in one place

1088
01:02:54.480 --> 01:02:58.960
We do that. So now it looks dramatically different than pretty much every other payments company

1089
01:02:59.040 --> 01:03:05.360
nice, so when if if and when we trademark and assuming when as opposed to if when we do, um,

1090
01:03:06.640 --> 01:03:10.560
Is that something that I can trademark so nobody can really do it that way?

1091
01:03:11.680 --> 01:03:13.840
when you say do it that way

1092
01:03:14.560 --> 01:03:16.560
I dropped the link. I don't know if you want to

1093
01:03:16.800 --> 01:03:19.920
Look at it quickly if that that'll help you to understand what i'm talking about

1094
01:03:20.320 --> 01:03:23.840
So are you are you saying well, I can't so I can't give legal advice here

1095
01:03:23.920 --> 01:03:26.720
But what I can do is let me see if I can find the link real quick

1096
01:03:26.880 --> 01:03:28.880
So I can see what you're talking about. It's in the chat

1097
01:03:29.760 --> 01:03:34.400
In the chat, I actually may have just deleted that because we don't encourage that

1098
01:03:34.480 --> 01:03:36.720
Yeah, you're not supposed to promote other people's stuff. But what?

1099
01:03:37.520 --> 01:03:42.000
You're gonna have to look at it to see sure about that. So that's my fault. It's okay. Don't worry about it

1100
01:03:42.000 --> 01:03:44.000
What's uh, what's the uh domain bro?

1101
01:03:45.120 --> 01:03:48.320
K as in kite v as in victor payments dot com

1102
01:03:49.040 --> 01:03:50.160
Got it

1103
01:03:50.160 --> 01:03:52.580
And then you can just click on where you see industries

1104
01:03:53.360 --> 01:03:59.360
And then you can say hospitality for example, then under hospitality, you can say qsr qsr is quick service restaurant now

1105
01:03:59.360 --> 01:04:02.000
You see how we have 12 different companies listed

1106
01:04:02.000 --> 01:04:06.400
There's no place on the internet and all the processing company has that and what we're doing is we're saying

1107
01:04:06.400 --> 01:04:11.040
Hey, we can partner with any of these and then when you click through to each individual website

1108
01:04:11.280 --> 01:04:13.840
That's under our website, but it's like a simple

1109
01:04:14.400 --> 01:04:18.640
Or similar replica almost of their website and we obviously say that they're these are their trademarks

1110
01:04:18.640 --> 01:04:23.680
These are these companies but we're representing it as one payments company that can partner with all of these different options

1111
01:04:23.760 --> 01:04:26.260
Which is a very unique thing in the payments industry

1112
01:04:27.280 --> 01:04:30.400
So essentially we're so all right. So a few things. Um

1113
01:04:30.480 --> 01:04:31.600
Um

1114
01:04:31.600 --> 01:04:37.540
Yeah, you're gonna want to be here for day four. First of all, love your site. Love your site brother. It looks really professional

1115
01:04:38.560 --> 01:04:42.800
Um, you guys did a really good job on this. Love your video loads real fast

1116
01:04:43.520 --> 01:04:47.760
um, we need to talk about a few of the things that are on here on the trademark side just to

1117
01:04:48.320 --> 01:04:53.200
Just to protect you because you have a few issues that jumped out immediately, which i'm not going to mention here, but

1118
01:04:53.600 --> 01:04:57.040
Um a few things first of all and this is important for everybody to understand

1119
01:04:57.040 --> 01:04:59.920
If you are making references somebody

1120
01:05:00.000 --> 01:05:06.160
else's products or services, you cannot use their logos, all right. You can't use their logos on

1121
01:05:06.160 --> 01:05:12.240
your site. They could actually sue you for use of their logos. What you can do is describe things

1122
01:05:12.240 --> 01:05:16.960
and mention them, right, and so I'll actually touch base with you, Naveed, because I'm not so

1123
01:05:16.960 --> 01:05:22.080
concerned about your situation. I'm just letting people know about things. So let's say that you're

1124
01:05:22.080 --> 01:05:27.120
doing a challenge and it's called the TikTok challenge and you grab the TikTok logo and you

1125
01:05:27.120 --> 01:05:32.560
put it on the front of your site and say, hey, this is the TikTok challenge. That's trademark

1126
01:05:32.560 --> 01:05:38.560
infringement, okay? You can't do that. Now, if you're selling certain kind of, like, let's say

1127
01:05:38.560 --> 01:05:43.280
you have a shoe company and you want to show these are all the different brands that we sell,

1128
01:05:43.280 --> 01:05:47.520
right? There's a way to do that properly that's okay. So you just have to know where you fall.

1129
01:05:47.520 --> 01:05:52.240
So, Naveed, I'm going to talk to you separately. I can't be recording this legal stuff here,

1130
01:05:52.240 --> 01:05:55.760
but I know your situation and I'll DM you. We'll get together, okay?

1131
01:05:56.560 --> 01:06:00.000
Okay, and then the other second part of that is that I have another brand. I haven't done

1132
01:06:00.000 --> 01:06:04.160
anything on it, but it's a very unique brand, something I've worked on. It's associated with

1133
01:06:04.160 --> 01:06:10.560
a fragrance. It's a beard oil brand. I don't want to even say it. It's something that I really,

1134
01:06:10.560 --> 01:06:16.880
you know, think is going to be a big, big brand. That one, because I'm planning on using the brand,

1135
01:06:16.880 --> 01:06:22.480
because I want to be nationwide, I should do the federal registration and the trademark?

1136
01:06:23.280 --> 01:06:28.960
Yes. Not legal advice, but if theoretically this was happening, then that would be an intent to

1137
01:06:28.960 --> 01:06:33.680
use application in the United States to cover all the federal registration. Basically it's

1138
01:06:33.680 --> 01:06:36.560
one application to cover all the United States. That's what I would do.

1139
01:06:36.560 --> 01:06:40.560
And that would just be one thing that I need to do and then try to go get the website immediately

1140
01:06:40.560 --> 01:06:45.120
thereafter, right? You're talking about the domain name. So after-

1141
01:06:45.120 --> 01:06:49.360
I don't have the domain name, but I'm saying if I did the order of operations, technically,

1142
01:06:49.440 --> 01:06:50.800
even though it's not legal advice-

1143
01:06:50.800 --> 01:06:55.760
Trademark search first, domain name second, trademark application third.

1144
01:06:56.480 --> 01:06:56.960
Got it.

1145
01:06:56.960 --> 01:07:02.160
That's the sequence. All right, guys. So you're so welcome, brother. All right. So let me unpin

1146
01:07:02.160 --> 01:07:08.960
real quick. All right. So what you guys just saw was a very quick, down and dirty sample of what

1147
01:07:08.960 --> 01:07:14.480
we do in VIP. Okay. So any of you that want to be in there, jump in. Okay. Because we're going to go

1148
01:07:14.480 --> 01:07:21.920
there in 10 minutes. 10 minutes, we're going to jump in there. Okay. So let me close up here.

1149
01:07:21.920 --> 01:07:25.280
Larissa, do you have something on your mind?

1150
01:07:28.800 --> 01:07:34.000
Well, oh, I'm good. Go ahead.

1151
01:07:34.000 --> 01:07:34.500
You okay?

1152
01:07:35.760 --> 01:07:36.160
You know what I'm-

1153
01:07:36.160 --> 01:07:37.760
It looked like you were going to share something. That's why-

1154
01:07:38.160 --> 01:07:45.040
Uh, no, go with the homework and we'll go for that.

1155
01:07:45.040 --> 01:07:49.840
Yeah. So, all right. So let me tell you what the homework is. So homework for everybody,

1156
01:07:49.840 --> 01:07:56.240
make sure that you do this. Okay. Go live in the Facebook group and mention one thing

1157
01:07:56.800 --> 01:08:01.840
that you learned here. Just one thing that was important to you and why you think that's

1158
01:08:01.840 --> 01:08:06.720
important. Okay. The reason why this is homework is there's multiple reasons for this. Number one,

1159
01:08:07.360 --> 01:08:11.440
other people are going to learn what's important. Other people are going to see how things are

1160
01:08:11.440 --> 01:08:15.760
getting applied. It's going to help everybody here. It's not going to help me. I already know

1161
01:08:15.760 --> 01:08:21.040
the law. It's going to help them. Number two, it's going to allow me to see what things are

1162
01:08:21.040 --> 01:08:25.359
most important to you. And it's also going to allow me to see whether or not you fully grasp

1163
01:08:25.359 --> 01:08:31.279
certain things. And that's going to allow me to see where I should flesh out some more detail.

1164
01:08:31.279 --> 01:08:37.040
Now, just remember, again, this was day one, guys, we've just touched base on stuff. We're

1165
01:08:37.040 --> 01:08:41.600
going to, we're going to kind of talk about things in more detail. I just wanted to make

1166
01:08:41.600 --> 01:08:48.080
sure we covered certain issues on day one that I know a lot of you have emailed me about. A lot of

1167
01:08:48.080 --> 01:08:54.319
you DM me about. Okay. So I touched base on a number of those today. You've got the recordings.

1168
01:08:54.319 --> 01:08:56.960
You can watch the recordings. Uh, Ray, what's up?

1169
01:08:57.920 --> 01:09:02.960
Um, just quickly, everyone should have received an email with the link. If you're a part of VIP

1170
01:09:02.960 --> 01:09:06.560
and you joined, it should be in your email. You should have gotten a welcome email with the link

1171
01:09:06.560 --> 01:09:11.040
to join. Um, it's not posted in the Facebook group. You also should have received a text

1172
01:09:11.040 --> 01:09:15.920
message. And if for some reason you did not, but you are a VIP member, send me a message on

1173
01:09:15.920 --> 01:09:20.319
Facebook messenger and I'll make sure you get a link to get in there. Yeah. Matter of fact,

1174
01:09:20.479 --> 01:09:27.120
what we'll do is if anybody, um, did ask to jump into VIP and has not received a link yet,

1175
01:09:27.120 --> 01:09:33.359
just raise your virtual hand and we will, um, send you personally the link now. Cause we're

1176
01:09:33.359 --> 01:09:37.439
going to jump right in. Um, you know, we're going to take like a 10 minute bio break,

1177
01:09:37.439 --> 01:09:42.479
eat something or whatever else you got to do, hug the kitties, you know, kiss the cats and dogs.

1178
01:09:43.040 --> 01:09:47.680
And, uh, get more water for not legal advice. Yeah. More water for not legal advice.

1179
01:09:47.680 --> 01:09:52.000
And then we're jumping in there. All right. So Josiah is one of them. So Ray, let's, um,

1180
01:09:52.560 --> 01:09:55.360
let's double check them and make sure we drop them the link.

1181
01:09:55.360 --> 01:09:58.880
Sure. I'll send you a message on Facebook messenger, Josiah.

1182
01:09:58.880 --> 01:09:59.840
That's wonderful. Okay.

1183
01:10:00.000 --> 01:10:01.540
All right, guys.

1184
01:10:01.540 --> 01:10:02.800
Oh, Jackie also.

1185
01:10:02.800 --> 01:10:04.560
Okay, Jackie is in there too.

1186
01:10:04.560 --> 01:10:06.280
Make sure we get it for her.

1187
01:10:06.280 --> 01:10:08.320
And Ray, for any of our double ups,

1188
01:10:08.320 --> 01:10:11.400
is it the exact same link as last month?

1189
01:10:11.400 --> 01:10:14.680
No, they would have gotten an email with the new link.

1190
01:10:14.680 --> 01:10:16.280
Wonderful, good to know.

1191
01:10:17.360 --> 01:10:18.540
Right, exactly.

1192
01:10:18.540 --> 01:10:21.520
Yeah, so for some of you that don't know what happened,

1193
01:10:21.520 --> 01:10:25.260
last month had a very interesting thing happen.

1194
01:10:26.080 --> 01:10:27.880
I rarely ever catch a cold.

1195
01:10:28.320 --> 01:10:31.240
I don't think Larissa's ever seen me catch a cold.

1196
01:10:31.240 --> 01:10:34.320
And so I caught a cold and then I lost my voice,

1197
01:10:34.320 --> 01:10:35.760
which is really rare,

1198
01:10:35.760 --> 01:10:39.080
although I'd imagine my wife was happy about that.

1199
01:10:39.080 --> 01:10:42.440
But anyways, I lost my voice.

1200
01:10:42.440 --> 01:10:45.320
And so I attempted to do it anyways,

1201
01:10:45.320 --> 01:10:49.340
but I felt so bad about it that anybody who was in February,

1202
01:10:49.340 --> 01:10:51.000
I let you into this one for free.

1203
01:10:51.920 --> 01:10:54.960
And if you signed up for VIP, you're in that VIP too.

1204
01:10:54.960 --> 01:10:56.680
So I'll see you over there.

1205
01:10:56.680 --> 01:10:57.920
All right, I'm gonna jump off.

1206
01:10:57.920 --> 01:10:59.920
Larissa is gonna close up with you guys.

1207
01:10:59.920 --> 01:11:02.360
And then I'll catch you tomorrow.

1208
01:11:02.360 --> 01:11:03.960
Remember, tomorrow we're gonna jump

1209
01:11:03.960 --> 01:11:06.680
into trademark searches, really important.

1210
01:11:06.680 --> 01:11:08.680
We're gonna hit more issues in trademark law,

1211
01:11:08.680 --> 01:11:12.080
namely, how do you determine infringement?

1212
01:11:12.080 --> 01:11:13.960
How do you know if there's an infringement?

1213
01:11:13.960 --> 01:11:17.200
When do you use a TM versus Circle R?

1214
01:11:17.200 --> 01:11:18.240
There's gonna be a number of things

1215
01:11:18.240 --> 01:11:21.120
that we're gonna go through tomorrow, okay?

1216
01:11:21.120 --> 01:11:23.360
And I'm also gonna provide all of you

1217
01:11:23.360 --> 01:11:27.720
with a list of the likelihood of confusion components.

1218
01:11:27.720 --> 01:11:28.840
You'll learn about this tomorrow,

1219
01:11:28.840 --> 01:11:30.560
but how do you determine if there's infringement?

1220
01:11:30.560 --> 01:11:33.520
I'll tell you step-by-step how to determine it, all right?

1221
01:11:33.520 --> 01:11:35.560
And I'll give you a handout to make it easy for you

1222
01:11:35.560 --> 01:11:36.960
so you don't have to remember it.

1223
01:11:36.960 --> 01:11:39.520
All right, I'm jumping off, 10 minutes.

1224
01:11:39.520 --> 01:11:41.400
I'll see you guys in VIP.

1225
01:11:41.400 --> 01:11:42.240
Hopefully this is helping.

1226
01:11:42.240 --> 01:11:45.120
Is this helping you guys by a show of hands, it's helping?

1227
01:11:45.120 --> 01:11:46.440
Good, good, awesome.

1228
01:11:46.440 --> 01:11:48.560
I like the snaps.

1229
01:11:48.560 --> 01:11:49.840
I haven't seen that in a while.

1230
01:11:49.840 --> 01:11:51.320
Like, that's a jazz thing.

1231
01:11:51.320 --> 01:11:54.160
I like the snaps, that's good, that's good.

1232
01:11:54.160 --> 01:11:55.200
All right, well, bless you guys.

1233
01:11:55.200 --> 01:11:56.520
I'm jumping off.

1234
01:11:56.520 --> 01:11:58.880
Jackie, we'll make sure you've got the link too.

1235
01:11:58.880 --> 01:12:00.480
And I'll see all of you in VIP there.

1236
01:12:00.480 --> 01:12:02.040
Don't forget to do your homework

1237
01:12:02.040 --> 01:12:03.800
and I'll catch you guys tomorrow.

1238
01:12:03.800 --> 01:12:04.640
Take care.