WEBVTT

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Yeah, so if there's something that kind of jumped out at you that you never knew before

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and you think it's really important, feel free to share.

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So I want to see what kind of things you guys, what kind of things are jumping out at you

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as being more important to you and your business and what you're accomplishing.

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I can jump in.

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Yeah, go for it.

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Yeah, Dave.

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Hi, Peter.

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Good to see you again.

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Good to see you too.

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So yes, thanks so much.

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That was a great introduction overview to the whole topic, which obviously is broad

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and deep.

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And I wondered how important it is to do your searches like on incognito mode, whether it's

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even if you're doing a trademark search on the site you mentioned, which I can't see

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in front of me right now, where you do the trademark search.

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That's one question.

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The other thing that was helpful is knowing that you can't just add a few of your own

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words to an already well-known phrase and then think that that's going to pass.

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Yeah, absolutely.

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And I've seen a lot of people do that.

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That's probably one of the more common questions is somebody says, I did a search.

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I saw this name there.

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Can I just add my name to the front of it?

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It's like, yeah, unfortunately you can't.

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And so you know what I'm going to do here with all of you, since you guys are in VIP,

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is I'm going to do a live trademark search with all of you here.

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Tomorrow we'll end up doing a really quick one, but it's not going to be at the level

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that you guys will see here.

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And then tomorrow afternoon, you guys are tomorrow.

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There you go, Ray, I just made you co-host.

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And then tomorrow, I'll also do a live trademark filing for you guys so you can see what that's

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like as well, and then answer some questions.

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So yeah, let me go into a trademark first.

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I think I'm going to give it two more minutes first, see if anybody else has a share.

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Something that jumped out at you that you thought that you didn't know before, feel

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free to share that.

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I just want to give it two more minutes before we start because some people are probably

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looking for the link, because I know there's a lot more people to sign up for VIP.

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I'm also a little curious how much everybody felt like they knew before they started today

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where their knowledge on trademarks was.

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Oh, well, I had no idea about the intent to use applications.

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I think the fact that you have like three years to use a name or a trademark, that's

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gold right there.

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You can do so much in 90 days, let alone three years, just one year.

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So that was really eye opening for me.

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And I really appreciate that information and just the knowledge to figure out how to

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navigate everything here.

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Yeah, that's good.

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Yeah, I found that that's so helpful because especially when you're starting a company,

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you may not quite be ready to use things yet.

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But but boy, I mean, I remember I used to represent a company called Boston Acoustics

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and it's I mean, it still kind of exists, but it's more of a shell company now.

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And one of the biggest issues that they had was coming up with an original name because

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they were an audio equipment manufacturer.

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So they created like car stereos and then they also created in-house like speaker

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systems. So but their stuff, they actually had a line called Snell Acoustics where they

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sold speakers for 15,000, 25,000 a speaker, you know, I mean, really expensive stuff.

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So, yeah, it's it's but one of the biggest problem was they couldn't come up with a new

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name. It was horrible.

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And we'd have all these meetings and they just they finally got to a point where they

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named the products, the model number.

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That's how they solved it.

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They're like, oh, this is the X 700.

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This is the X 500.

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This is a five point three six version because they couldn't come up with original names.

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So if you've actually got an original name.

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Extremely valuable to be able to maintain that as your own, like right off the bat.

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So let me do this.

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I'm going to actually show you guys.

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I do a trademark search.

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Let's see, I'm going to share my screen.

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Let's go to USPTO.

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Go. All right, so I'm going to share stuff now.

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OK, so.

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Share screen. There. All right. Actually, before I do that, how many of you actually know how to do a trademark search by a show of hands?

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Okay, so two of you. Okay, good. And Shelly, would you say that you're like an expert at it or like, no, but you've done a few of them on the USPTO site? Okay.

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All right. And Anders, I know you've done a number of these already. So, okay.

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I've actually got a quick comment, if you don't mind.

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Yeah, go right ahead, my friend.

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So my middle name is Stig. S-T-I-G. And the BBC had a popular show called Top Gear.

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And Top Gear had a racing driver that always wore a helmet and he was actually a Formula One driver, but they didn't reveal that until later.

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So, he always showed up in the series with a helmet on. And so, nobody knew who he was, but he was dressed as this Stig.

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And I did a trademark search on this Stig. And the BBC had recorded that name as their trademark.

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Oh, wow.

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Yeah.

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Must have become famous then. Yeah. So you actually, just so people know, you can actually get a registration for your own name, but it needs to become famous.

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So you can't actually file for your name alone.

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But what they did, or that trademark is now dead. In other words, it's no longer living or it's no longer alive. So they let it, you know, pass.

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Sure.

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But it's still one of these things. If I do a trademark, if I'm getting into online marketing and I'm, you know, becoming a public figure or I want to become.

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And so, I was gonna say, the cute thing is like, if I nickname myself as The Stig, because the name is famous, you know, different category than Top Gear and stuff.

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I don't know if it's worth the trouble. And I certainly do not want to fight with the BBC.

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Yeah, I mean, I can tell you that. None of this is legal advice.

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Even though the name is no longer, you know, active in the trademark.

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Right. But what I would say is like, see, there's a number of things that we have to think about as business owners is that there may be a situation where somebody had a federal registration and they let that federal registration lapse.

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But just because they let the federal registration lapse doesn't mean they're not using it, or they're not, you know, using it somehow in interstate commerce.

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And so, there's some, there's a tool. So, you guys are in VIP. So, you guys get access to things that a lot of people aren't going to see. There's a thing called the Wayback Machine.

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All right. I see some of you nodding your head. If you look on Google for Wayback Machine, it was created by MIT. It's a catalog of all the websites that existed.

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All right. So, you can actually access websites that from like five years ago, 10 years ago, you know, 12 years ago by specific months.

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Okay. So, if you're ever trying to see whether or not some kind of competitor had been using a specific name, you can go to that competitor's website and then search their old website to see when they stopped using that product name.

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This is something that I would do both in litigation to get evidence that I could use against the other party, but also to build up a case to send a letter to another party saying that, look, you're not using this name in interstate commerce. You claim you are, but you're not.

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And so, what you can do is go to the Wayback Machine, type in a domain name, and then you'll see a calendar show up.

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Actually, let me see if I can show it to you.

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I have it in the chat, the link, if you want to.

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You did? You already pulled it? Thanks.

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I just dropped it. Yeah, I'll drop it again.

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Let's see if I can jump in there. There we go.

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Show them. That's pretty cool.

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Yeah, this is a fun tool, and it's extremely, extremely beneficial. A lot of people don't know it exists. This is it here. Web.archive.org. Okay.

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So, in the middle here, let me make it a little bigger.

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There, that's bigger.

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Can everybody see it now?

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Okay.

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So in the middle here, you can type in the domain name.

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So you can go, like,

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affectyourideachallenge.com.

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We can actually look at different versions of the website

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to see how bad it looked before.

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It was so dominoes five years ago.

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We can make fun of ourselves.

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No, it's so bad.

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No!

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This was pre-me, guys.

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This was pre-me before I got here.

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Look at how bad it looked before.

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No responsibility.

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March 7, 2022.

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Ray, I don't think you were hired back then.

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March?

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No, I came in April.

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I came in the next month.

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I'm still working on it.

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Let's see what pre-Ray looked like.

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Let's see if I can get to it.

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Oh, my gosh.

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This is redirecting.

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There it goes.

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Oh, my gosh.

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Look at this.

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Oh, the brown paper.

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Those horrible colors.

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Look at these horrible colors.

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This is the way the page used to look.

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So the really cool thing is that you're looking at the older

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version of the same site.

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Oh, look at that.

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You can see the price hasn't gone up.

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I kept the price cheap so people can do it.

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But, yeah, that's the old website.

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Copyright 2022.

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Or you can obviously go to, like, what did you say, Domino's?

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Domino's is pretty funny.

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They had a goofy little site.

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Domino's.com.

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Look at all these different.

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They have so many versions of the site that were available.

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But I'm just showing you guys how this thing works.

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So if you go to some of their older stuff, like 1998.

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Let's see.

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November 11th, 1998.

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Let's see what it looked like.

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Domino's website.

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Teal blue.

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Yeah, that makes me think of pizza.

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It's going to load.

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Doesn't look like it's loading.

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Let's go to something else.

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Loading home page.

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All right, here we go.

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Domino's, the American classic cheeseburger pizza.

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Ew.

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Okay.

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Yeah, so in any case, you can basically type in your competition's

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website and see when they stopped using a certain trademark or they

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stopped selling a certain product.

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You can actually see when they did that, which is very, very effective.

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So with that, let me go into showing you how to do a trademark search.

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All right.

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Can all of you see the USPTO website now?

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Is it showing up?

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It is?

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Okay, good.

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So if you go to trademarks, then you go under searching trademarks.

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You click on that.

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Did we turn on recording, by the way?

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Yes.

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Oh, yeah, it's recording.

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I just want to make sure it's recording.

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All right, so if we go to trademarks and then search trademarks.

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All right, so there's two options here.

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You can click this button here or you can click this link.

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They do the same thing.

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It's the same thing.

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If you click on the box, you get three different types of search options.

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Okay.

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I personally would suggest that you use the second option.

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The reason why is if you use the first option, they don't give you a lot of

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different choices.

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So you can either use the word mark itself, like if it's a word like Nike,

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Microsoft, whatever it might be, or the serial registration number or the

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owner.

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The owner is like Nike Corporation or whoever actually owns the trademark.

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But if you use this other one here, this gives you way more options.

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Now you can use any of these fields.

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Lots of great fields.

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I would select non-punctuated word mark, personally.

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And then you type in the word, whatever it might be, like Nike.

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And then you would type in.

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So that's one field.

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But you can add another field if you click and.

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You can add another field.

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So let's say you're looking for footwear.

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Footwear.

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Evening there.

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Footwear.

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I'm going to look for footwear on.

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There we go, footwear.

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And now you come over here and you select for field,

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all the goods and services.

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So it's use of Nike on footwear.

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Then I do submit search, and here are the results.

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54 trademarks with the name Nike for footwear.

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Now here's something that you guys get to enjoy

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because you're in VIP.

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Up here, you see this little button that says image list?

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Click on that.

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Look what you get.

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Now the trademarks are images.

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Why is that important?

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Imagine if you're searching for logos.

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So now you can come in here and you can see wordmarks,

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you can see logo marks, you can see, look at that.

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Here's Nike and Scripps with the Nike swoosh.

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But if you, you know, the alternative is

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if you weren't looking at the images,

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you would look at the hit list like this.

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How are you going to know which ones are designs

239
00:16:08.040 --> 00:16:09.160
and which ones aren't?

240
00:16:10.920 --> 00:16:13.600
You don't know, like you just kind of see

241
00:16:13.600 --> 00:16:15.200
all these registrations.

242
00:16:15.200 --> 00:16:17.400
You don't know what's what.

243
00:16:17.400 --> 00:16:21.360
So if you go instead, click on image link, image list.

244
00:16:22.720 --> 00:16:26.400
Now you can see which ones are logos very easily.

245
00:16:27.240 --> 00:16:30.960
So that's a little hint on how to use the USPTO website.

246
00:16:31.840 --> 00:16:34.560
I'm assuming this is golf clubs here and Nike tour.

247
00:16:36.040 --> 00:16:37.720
Oh, what happened?

248
00:16:37.720 --> 00:16:38.960
Oh, that's the other thing.

249
00:16:38.960 --> 00:16:40.640
Don't click on the icon.

250
00:16:40.640 --> 00:16:42.320
Don't click on the image.

251
00:16:42.320 --> 00:16:44.200
Click on the number underneath it.

252
00:16:45.240 --> 00:16:49.760
When you click on the number, you get the trademark.

253
00:16:49.760 --> 00:16:53.280
If you click on the image, you don't get it.

254
00:16:53.280 --> 00:16:54.560
You get this other field,

255
00:16:54.560 --> 00:16:56.520
which I don't understand why it does that,

256
00:16:56.520 --> 00:17:00.080
but it's some kind of glitch that they have in their system.

257
00:17:00.080 --> 00:17:02.760
So click on the number underneath the image, okay?

258
00:17:04.079 --> 00:17:07.160
All right, so let me go back to the list

259
00:17:07.160 --> 00:17:09.200
and explain what you're looking at here.

260
00:17:10.200 --> 00:17:11.040
All right.

261
00:17:12.280 --> 00:17:13.760
On this list here,

262
00:17:13.760 --> 00:17:15.760
you see how there are registration numbers.

263
00:17:15.760 --> 00:17:18.079
Some have registration numbers and some don't.

264
00:17:20.480 --> 00:17:22.920
The ones without the registration numbers

265
00:17:22.920 --> 00:17:24.920
obviously have not received a registration yet,

266
00:17:24.920 --> 00:17:26.880
so they're either pending applications

267
00:17:26.880 --> 00:17:29.200
or they are abandoned applications.

268
00:17:30.240 --> 00:17:32.360
So somebody filed something

269
00:17:32.360 --> 00:17:35.800
and either it did not issue and it went abandoned

270
00:17:35.800 --> 00:17:39.200
or it's pending.

271
00:17:39.200 --> 00:17:42.000
So here, as an example, is a dead trademark.

272
00:17:44.000 --> 00:17:45.520
Right there.

273
00:17:45.520 --> 00:17:46.560
There's a dead one.

274
00:17:47.760 --> 00:17:49.880
And you see there's no registration number.

275
00:17:49.880 --> 00:17:51.360
It never got registered.

276
00:17:53.080 --> 00:17:56.640
While if you look at these, these say live and pending.

277
00:17:56.640 --> 00:17:59.200
So one of the questions that people ask me often is,

278
00:17:59.200 --> 00:18:03.560
well, if it says dead, can I use it?

279
00:18:04.920 --> 00:18:08.560
My response is this is not legal advice,

280
00:18:11.200 --> 00:18:16.200
but what I would do is go to the Wayback Machine.

281
00:18:16.720 --> 00:18:19.560
So what I would do in that case is I personally would say,

282
00:18:19.560 --> 00:18:21.240
okay, here's the application.

283
00:18:21.240 --> 00:18:22.520
It's dead.

284
00:18:23.120 --> 00:18:25.760
If I click on that, I can see it was abandoned.

285
00:18:25.760 --> 00:18:29.600
If you click on this button here that says TSDR,

286
00:18:29.600 --> 00:18:31.360
the left-hand side,

287
00:18:31.360 --> 00:18:33.880
now you can see what happened in the case.

288
00:18:35.280 --> 00:18:36.320
So it says right here,

289
00:18:36.320 --> 00:18:38.800
trademark application was refused, dismissed,

290
00:18:38.800 --> 00:18:40.280
or invalidated by the office

291
00:18:40.280 --> 00:18:43.080
and the application is no longer active.

292
00:18:43.080 --> 00:18:45.560
Abandoned because no statement of use

293
00:18:45.560 --> 00:18:47.600
or extension request timely filed

294
00:18:47.600 --> 00:18:49.320
after notice of allowance issued.

295
00:18:50.560 --> 00:18:52.280
So they never filed a statement of use.

296
00:18:52.960 --> 00:18:55.600
So they filed an intent to use application,

297
00:18:55.600 --> 00:18:57.880
but they never filed a statement of use

298
00:18:57.880 --> 00:19:00.400
explaining that it was actually used

299
00:19:00.400 --> 00:19:01.680
or showing that it was used

300
00:19:01.680 --> 00:19:03.640
and so they allowed it to go abandoned.

301
00:19:05.480 --> 00:19:07.120
Why is that important?

302
00:19:08.120 --> 00:19:10.320
The reason why that's important is

303
00:19:10.320 --> 00:19:11.800
if you look at the date of abandonment,

304
00:19:11.800 --> 00:19:14.360
it's March 20th, 2023.

305
00:19:14.360 --> 00:19:15.880
That's only a few months ago.

306
00:19:17.200 --> 00:19:20.840
So if I were analyzing this situation, I'd say, hold it.

307
00:19:20.840 --> 00:19:22.000
Only a few months ago,

308
00:19:22.000 --> 00:19:25.040
this trademark application was abandoned.

309
00:19:25.040 --> 00:19:25.880
It was abandoned

310
00:19:25.880 --> 00:19:27.600
because they didn't file a statement of use.

311
00:19:27.600 --> 00:19:28.920
Maybe they forgot.

312
00:19:31.320 --> 00:19:35.000
So if they just forgot and it went abandoned,

313
00:19:35.000 --> 00:19:36.520
they may still be using it.

314
00:19:36.520 --> 00:19:41.080
So I better do some research on the company, all right?

315
00:19:41.080 --> 00:19:42.360
So for that reason,

316
00:19:42.360 --> 00:19:44.880
that's why it's important to look at the history

317
00:19:44.880 --> 00:19:48.400
a little bit and find out, can I use this thing or not?

318
00:19:48.440 --> 00:19:50.960
And that's also why you wanna get a lawyer involved

319
00:19:50.960 --> 00:19:54.080
because some of these things,

320
00:19:54.080 --> 00:19:56.560
lawyers are not teaching this to the public.

321
00:19:56.560 --> 00:19:58.920
This is not, none of the stuff that you're learning,

322
00:19:58.920 --> 00:20:00.480
lawyers don't teach this stuff.

323
00:20:00.000 --> 00:20:02.880
Number one, they don't have the time.

324
00:20:02.880 --> 00:20:07.880
Number two, a lot of lawyers really are not really teachers.

325
00:20:08.880 --> 00:20:10.880
I mean, I know some lawyers that are phenomenal teachers,

326
00:20:10.880 --> 00:20:12.020
but it's kind of rare.

327
00:20:13.960 --> 00:20:15.000
They're very good at what they do,

328
00:20:15.000 --> 00:20:17.160
but they don't really do a lot of teaching.

329
00:20:18.320 --> 00:20:20.800
Some of them do, like I said, but it's kind of rare.

330
00:20:20.800 --> 00:20:24.340
And in IP, I don't think I know anybody who does well.

331
00:20:24.340 --> 00:20:28.840
All right, so let's go back to the search results.

332
00:20:28.840 --> 00:20:29.820
Here's the search results.

333
00:20:29.820 --> 00:20:32.240
So again, just because you see the name dead

334
00:20:32.240 --> 00:20:34.320
doesn't mean that you can use it.

335
00:20:36.020 --> 00:20:39.180
Dead should make you think, oh, great, okay, it's dead.

336
00:20:39.180 --> 00:20:40.020
That's good.

337
00:20:42.660 --> 00:20:45.980
So that's a step in the right direction,

338
00:20:45.980 --> 00:20:47.420
but now you wanna just double check

339
00:20:47.420 --> 00:20:48.580
and make sure they're not using it

340
00:20:48.580 --> 00:20:50.860
so you don't get in trouble, all right?

341
00:20:50.860 --> 00:20:53.640
Registration means it's actually been registered.

342
00:20:53.640 --> 00:20:55.540
Every application gets a serial number,

343
00:20:55.540 --> 00:20:58.820
so don't get excited just because there's a serial number.

344
00:20:58.820 --> 00:21:01.580
Second that you file, you get a serial number.

345
00:21:01.580 --> 00:21:04.840
So it's not all that exciting that there's a serial number.

346
00:21:04.840 --> 00:21:06.220
The registration number means

347
00:21:06.220 --> 00:21:10.100
that they got the federal registration, okay?

348
00:21:10.100 --> 00:21:11.620
Any questions on that so far?

349
00:21:16.860 --> 00:21:18.620
I don't see any questions.

350
00:21:18.620 --> 00:21:20.780
Just raise your virtual hand if you do.

351
00:21:21.780 --> 00:21:24.720
Your gold-colored or yellow hand.

352
00:21:25.620 --> 00:21:28.340
Anthony, how are you?

353
00:21:29.820 --> 00:21:33.820
I'm good, how are you?

354
00:21:33.820 --> 00:21:35.260
I'm well, I'm well.

355
00:21:35.260 --> 00:21:37.260
Go ahead, what's your question?

356
00:21:37.260 --> 00:21:42.260
Yes, the tick mark or the check mark for Nike,

357
00:21:42.740 --> 00:21:45.660
is that just like a single check mark?

358
00:21:45.660 --> 00:21:48.060
So is that a trademark then?

359
00:21:48.060 --> 00:21:49.900
As in, if that's used more than once

360
00:21:49.900 --> 00:21:51.520
in a different color or anything like that,

361
00:21:51.520 --> 00:21:52.980
that's not allowed?

362
00:21:53.980 --> 00:21:58.980
Okay, so the Nike Swoosh, this thing here, this check mark,

363
00:21:59.860 --> 00:22:00.700
they do own that.

364
00:22:00.700 --> 00:22:04.500
If you go to one of their oldest registrations,

365
00:22:05.380 --> 00:22:07.780
if we're just looking for the Swoosh alone,

366
00:22:07.780 --> 00:22:12.460
then what we would do is go back to do a search.

367
00:22:12.460 --> 00:22:16.700
Back, back, back, back, back, there we go.

368
00:22:16.700 --> 00:22:19.780
And I would type in something like Swoosh,

369
00:22:20.140 --> 00:22:25.140
Swoosh, and I would make that the description

370
00:22:25.300 --> 00:22:27.220
of the mark instead.

371
00:22:28.660 --> 00:22:30.900
Let's see, description of mark.

372
00:22:33.940 --> 00:22:35.560
Let's see if it comes up there.

373
00:22:37.260 --> 00:22:39.660
And then I come over to image list.

374
00:22:41.560 --> 00:22:42.700
Oh, did I click end?

375
00:22:42.700 --> 00:22:44.140
Let me make sure I clicked end.

376
00:22:44.140 --> 00:22:48.940
Yep, end, Swoosh, description, footwear, okay.

377
00:22:48.940 --> 00:22:53.860
Let's see, run the search, image list.

378
00:22:53.860 --> 00:22:55.780
Go towards the bottom for the Swoosh,

379
00:22:55.780 --> 00:22:57.020
see if we can find it.

380
00:23:08.820 --> 00:23:10.540
Nope, it didn't pop up.

381
00:23:10.540 --> 00:23:12.620
So let's see if we,

382
00:23:12.620 --> 00:23:15.140
it could be that their original Swoosh registration

383
00:23:15.140 --> 00:23:18.380
was not for footwear.

384
00:23:19.100 --> 00:23:22.280
So let's just get rid of the footwear.

385
00:23:24.700 --> 00:23:25.540
Get rid of that.

386
00:23:29.100 --> 00:23:30.740
So we get this time.

387
00:23:30.740 --> 00:23:32.500
Wow, there's a lot of registrations.

388
00:23:32.500 --> 00:23:34.860
So what we could do instead is write,

389
00:23:34.860 --> 00:23:37.440
look up Nike as the owner.

390
00:23:39.860 --> 00:23:42.020
Owner name, change this to and,

391
00:23:43.500 --> 00:23:45.560
submit query two.

392
00:23:46.820 --> 00:23:48.660
Yeah, so it's not catching it yet.

393
00:23:49.380 --> 00:23:50.940
Let's see if we can find another one.

394
00:23:53.740 --> 00:23:55.300
Nope, not catching it yet.

395
00:23:57.620 --> 00:23:58.460
Let's see.

396
00:24:01.940 --> 00:24:04.900
So you could use it in a different industry?

397
00:24:04.900 --> 00:24:06.220
Besides shoes?

398
00:24:06.220 --> 00:24:08.740
Yeah, I would just be careful though

399
00:24:08.740 --> 00:24:13.660
because famous trademarks have broader rights

400
00:24:13.660 --> 00:24:16.280
than non-famous trademarks.

401
00:24:17.200 --> 00:24:19.340
So I would just be really careful.

402
00:24:20.480 --> 00:24:23.480
Let me just look and see if I can find a description.

403
00:24:23.480 --> 00:24:25.920
The USPTO is not catching it.

404
00:24:25.920 --> 00:24:27.640
Oh, Mark disclaimer.

405
00:24:27.640 --> 00:24:29.760
Kind of a testament to how much you need

406
00:24:29.760 --> 00:24:32.200
to understand the system that Peter's working in

407
00:24:32.200 --> 00:24:33.580
and the details of how to search

408
00:24:33.580 --> 00:24:36.740
because Nike is one of the world's most popular brands.

409
00:24:36.740 --> 00:24:38.880
But if you don't know the right ways to search it,

410
00:24:38.880 --> 00:24:42.680
it's not going to show it infringing and not knowing it.

411
00:24:42.680 --> 00:24:44.120
Oh yeah, it's true.

412
00:24:44.160 --> 00:24:46.600
Thanks to Peter, we got our backs covered.

413
00:24:46.600 --> 00:24:50.640
Oh, but the other thing is that the USPTO website is not,

414
00:24:50.640 --> 00:24:55.540
it's only about, I'd say 60, 70% effective in my mind.

415
00:24:56.660 --> 00:24:59.680
I never depend upon, when I have important clients

416
00:24:59.680 --> 00:25:00.520
or any.

417
00:25:00.000 --> 00:25:02.880
clients, I never depend exclusively on the USPTO website

418
00:25:02.880 --> 00:25:03.360
ever.

419
00:25:04.280 --> 00:25:06.800
So where does it where's the liability line then with a

420
00:25:06.800 --> 00:25:09.720
designer that designs like a logo or something like that you

421
00:25:09.760 --> 00:25:11.640
that uses a same swoosh?

422
00:25:13.200 --> 00:25:16.320
Well, if somebody else uses a swoosh, let me look and see

423
00:25:16.320 --> 00:25:19.040
what the images look like here. Here we go. So there's a Nike

424
00:25:19.040 --> 00:25:23.560
swoosh, there's a swoosh. I was looking to see if they had a

425
00:25:23.560 --> 00:25:26.920
registration for the swoosh alone. I mean, I know they

426
00:25:27.640 --> 00:25:32.000
registration number Peter on that on that. Yeah, give me one

427
00:25:32.000 --> 00:25:33.000
minute. I'll go find it for you.

428
00:25:33.200 --> 00:25:37.600
Good. Yeah, I know we pulled that one point. But we ran into

429
00:25:37.600 --> 00:25:41.920
the same thing once before, where the USPTO website wasn't

430
00:25:41.920 --> 00:25:46.240
finding it even though I knew that existed. I said no, no, no,

431
00:25:46.240 --> 00:25:48.240
that doesn't make sense. I know it exists.

432
00:25:48.960 --> 00:25:52.000
So even if you have more than one swoosh in the logo, though,

433
00:25:52.240 --> 00:25:57.160
is if you have multiple swooshes, if it looks like

434
00:25:57.160 --> 00:26:01.720
there's swoosh, well, let me I'll show you an example. Let me

435
00:26:01.720 --> 00:26:04.720
go to get rid of Nike.

436
00:26:06.560 --> 00:26:14.480
Change this to or make this just swoosh alone. And next list and

437
00:26:14.480 --> 00:26:19.720
image list. Okay. So when I look at just swoosh alone,

438
00:26:22.040 --> 00:26:24.840
there are so many things they call these little things as

439
00:26:24.840 --> 00:26:27.800
swooshes. See them? We call this a swoosh.

440
00:26:29.080 --> 00:26:32.640
They call these swooshes like they call these things making

441
00:26:32.640 --> 00:26:39.120
waves. They call those swooshes. But a term swoosh is, it's very,

442
00:26:39.120 --> 00:26:42.040
very popular. See, there's that's called the swoosh.

443
00:26:42.040 --> 00:26:43.240
That's called the swoosh.

444
00:26:45.000 --> 00:26:48.320
I don't know why this B has a swoosh in it doesn't make any

445
00:26:48.320 --> 00:26:51.960
sense whatsoever. But these do. So if I click on this mark here,

446
00:26:53.000 --> 00:26:59.800
and then it's saying curved lines, area description of the

447
00:26:59.800 --> 00:27:04.400
mark, the mark consists of a dark circle containing five

448
00:27:04.400 --> 00:27:08.040
downturn graphically depicted swooshes. See, they call them

449
00:27:08.040 --> 00:27:13.440
swooshes in the description. So it came up for the description

450
00:27:13.440 --> 00:27:17.960
now under design, under design search code, that's where they

451
00:27:18.280 --> 00:27:25.200
also use a description that may have the word swoosh. So, so in

452
00:27:25.200 --> 00:27:29.160
any case, to answer your question, adding another swoosh,

453
00:27:29.240 --> 00:27:33.240
if you're using it on the same goods, would be a problem if

454
00:27:33.240 --> 00:27:38.320
it's completely different goods. I would just make sure Well,

455
00:27:38.360 --> 00:27:42.520
again, I can't give legal advice on this. But I would say that

456
00:27:47.960 --> 00:27:59.360
if if if somebody had owned Microsoft, and then I decided to

457
00:27:59.360 --> 00:28:02.640
use Microsoft for florists, this is a famous trademark, I could

458
00:28:02.640 --> 00:28:04.880
still run into a problem, even though Microsoft doesn't have

459
00:28:04.880 --> 00:28:07.600
anything to do with Microsoft with with florists, just because

460
00:28:07.600 --> 00:28:10.680
I say Microsoft, Microsoft doesn't mean that now it's less

461
00:28:11.280 --> 00:28:17.840
problematic, right? So Nike swoosh being used in a different

462
00:28:17.840 --> 00:28:22.080
field, the swoosh is famous. So if it's the exact same looking

463
00:28:22.080 --> 00:28:25.720
swoosh, I think that could be a problem. And then if I end up

464
00:28:25.720 --> 00:28:29.880
using, if I say, well, what if I use two swooshes? So I think is

465
00:28:29.880 --> 00:28:33.640
the same scenario as Microsoft, Microsoft, you know, swoosh,

466
00:28:33.640 --> 00:28:38.360
swoosh, if in fact, it looks the same as the other swoosh. But as

467
00:28:38.360 --> 00:28:41.440
I did a search for swooshes alone, and I look at the image

468
00:28:41.440 --> 00:28:45.120
list here, look at all these other examples of things that

469
00:28:45.120 --> 00:28:48.680
are called swooshes, like this line here is called a swoosh.

470
00:28:50.520 --> 00:28:54.320
So there's lots of ways to create a quote unquote swoosh.

471
00:28:54.560 --> 00:28:58.280
Yeah, look at this one right here. You see that right there

472
00:28:58.280 --> 00:29:06.440
the EL I n that is extremely close to Nike swoosh. Right. And

473
00:29:06.440 --> 00:29:09.240
it says fitness redefine that means that that's in the

474
00:29:09.240 --> 00:29:17.680
fitness care area. They get a registration. Wow, yeah, they

475
00:29:17.680 --> 00:29:22.160
got a registration. So these guys have a federally registered

476
00:29:22.160 --> 00:29:30.360
trademark. When did it get registered? It was printed for

477
00:29:30.360 --> 00:29:36.440
opposition. It went through the registration. And it's for

478
00:29:36.440 --> 00:29:40.360
fitness. Well, Nike is in the fitness industry. But they've

479
00:29:40.360 --> 00:29:43.800
got something that looks kind of close, but not exactly the same.

480
00:29:43.800 --> 00:29:46.920
And they get a federal registration. And Nike didn't go

481
00:29:46.920 --> 00:29:53.400
after them. Interesting. And even the registration number is

482
00:29:53.400 --> 00:29:56.600
in the chat to for this. Thank you. This is the mark consists

483
00:29:56.600 --> 00:29:59.880
of a stylized depiction of a person consisting of a

484
00:30:00.000 --> 00:30:04.560
Swoosh design, that's a pretty big deal right there.

485
00:30:04.560 --> 00:30:08.160
So, and these guys didn't get in trouble.

486
00:30:08.160 --> 00:30:11.400
I mean, I would just be careful.

487
00:30:11.400 --> 00:30:14.840
Let me go into the chat and see that there's a Swoosh.

488
00:30:14.840 --> 00:30:17.520
Yeah, it's an old registration number.

489
00:30:17.520 --> 00:30:19.640
Copy, let's go pull that one up.

490
00:30:20.520 --> 00:30:22.880
This is the only time that I would actually use

491
00:30:22.880 --> 00:30:27.880
this first searching option is if I actually knew

492
00:30:28.880 --> 00:30:31.160
the registration or application number.

493
00:30:31.160 --> 00:30:32.360
Then I could just come over here,

494
00:30:32.360 --> 00:30:34.440
go to serial number, submit.

495
00:30:34.440 --> 00:30:35.640
Boom, there it is.

496
00:30:35.640 --> 00:30:38.720
All right, so now 1984.

497
00:30:41.080 --> 00:30:44.640
Now, if you look at their description though,

498
00:30:44.640 --> 00:30:46.600
notice how nowhere in their description

499
00:30:46.600 --> 00:30:49.360
does it mention the word Swoosh, nowhere.

500
00:30:49.360 --> 00:30:54.360
We call this a Swoosh, but it's called a curve,

501
00:30:54.520 --> 00:30:57.440
curved bars, curve, curved line.

502
00:30:57.440 --> 00:30:59.000
Even in the description,

503
00:31:00.760 --> 00:31:03.880
nowhere is there a mention of the word Swoosh.

504
00:31:03.880 --> 00:31:07.160
So this is why I'm telling you that the USPTO website

505
00:31:07.160 --> 00:31:11.320
is not the most effective way to search, but it's free.

506
00:31:11.320 --> 00:31:14.040
So if you do, what I tell people in general

507
00:31:14.040 --> 00:31:17.600
is go do a search on USPTO website to knock things out.

508
00:31:18.440 --> 00:31:22.240
Right, so if you got like five potential trademarks,

509
00:31:22.240 --> 00:31:24.360
go on the USPTO website and do your search

510
00:31:24.360 --> 00:31:26.000
and knock three of them out.

511
00:31:26.000 --> 00:31:28.240
Then take those two that actually look good

512
00:31:28.240 --> 00:31:31.080
and call your lawyer with those two and say, look,

513
00:31:31.080 --> 00:31:34.320
because now your lawyer is not doing a search for five,

514
00:31:34.320 --> 00:31:35.520
they're doing a search for two,

515
00:31:35.520 --> 00:31:37.080
which saves you a lot of money.

516
00:31:38.240 --> 00:31:41.520
So that's the way I would handle that kind of stuff.

517
00:31:41.520 --> 00:31:45.760
Shelly, hello, my friend.

518
00:31:45.760 --> 00:31:46.600
Let's unmute you.

519
00:31:46.600 --> 00:31:47.440
Hello.

520
00:31:47.440 --> 00:31:48.880
Hi.

521
00:31:48.880 --> 00:31:50.400
So I have a question.

522
00:31:50.400 --> 00:31:51.240
Sure.

523
00:31:51.920 --> 00:31:56.240
So I'll just share what the word is

524
00:31:56.240 --> 00:32:00.680
simply because there's a ton of them already in here,

525
00:32:00.680 --> 00:32:05.680
but so I'm looking for the term, hello, beautiful,

526
00:32:06.480 --> 00:32:09.200
and there's a reason behind it that I'm not gonna share,

527
00:32:09.200 --> 00:32:14.200
but looking that up, there's a plethora of them in here.

528
00:32:15.360 --> 00:32:17.320
Ooh, good word.

529
00:32:17.320 --> 00:32:18.680
Yes.

530
00:32:18.680 --> 00:32:23.680
And there is, but it all depends upon punctuation.

531
00:32:26.360 --> 00:32:29.760
And then you said you can't simply add something,

532
00:32:29.760 --> 00:32:32.600
but so it's so interesting to me.

533
00:32:34.360 --> 00:32:36.000
So what's your question?

534
00:32:36.000 --> 00:32:37.760
Oh, well, my question is,

535
00:32:37.760 --> 00:32:42.120
is that the way that I want to use it is not in here.

536
00:32:43.200 --> 00:32:44.520
So.

537
00:32:44.520 --> 00:32:45.640
So you're saying that you're using

538
00:32:45.640 --> 00:32:47.600
a certain punctuation on it?

539
00:32:47.600 --> 00:32:52.600
Yes, and it also is part of an entire phrase.

540
00:32:53.720 --> 00:32:54.920
So.

541
00:32:54.920 --> 00:32:56.520
All right, well, let me address the part

542
00:32:56.520 --> 00:32:58.280
of an entire phrase issue.

543
00:32:58.280 --> 00:33:00.520
Let's talk about that first.

544
00:33:00.520 --> 00:33:05.520
So let's say that there's a term that I'm concerned about,

545
00:33:08.000 --> 00:33:09.760
but it's part of a longer phrase

546
00:33:09.760 --> 00:33:12.280
that in and of itself is not good.

547
00:33:14.000 --> 00:33:17.040
Because again, go back to the Microsoft situation, right?

548
00:33:17.840 --> 00:33:22.840
So I've got Microsoft Fiery Server or something like that.

549
00:33:23.200 --> 00:33:25.560
And somebody else owns Microsoft,

550
00:33:25.560 --> 00:33:27.680
just because I have their name in mind,

551
00:33:27.680 --> 00:33:30.120
I added other words, it doesn't stop me from infringing

552
00:33:30.120 --> 00:33:31.560
just because I added other words.

553
00:33:31.560 --> 00:33:36.160
So that, you know, hello beautiful, plus other words,

554
00:33:36.160 --> 00:33:38.040
if somebody else owns hello beautiful

555
00:33:38.040 --> 00:33:40.480
in a specific international class

556
00:33:40.480 --> 00:33:43.720
for very similar goods or services, that's a problem, right?

557
00:33:44.160 --> 00:33:47.960
Punctuation, just because if somebody adds

558
00:33:47.960 --> 00:33:50.200
an exclamation point or adds a hyphen,

559
00:33:50.200 --> 00:33:52.520
that in and of itself doesn't do it.

560
00:33:52.520 --> 00:33:54.440
I mean, I've built legal arguments

561
00:33:54.440 --> 00:33:57.840
with the trademark office with examiners saying,

562
00:33:57.840 --> 00:34:02.160
hey, look, we have, you know, we have a hyphen here

563
00:34:02.160 --> 00:34:03.360
or we have an exclamation point

564
00:34:03.360 --> 00:34:06.080
or we have like whatever else is there.

565
00:34:06.080 --> 00:34:11.080
And it's very, very, very rare that you'll win an argument.

566
00:34:11.600 --> 00:34:13.440
Tomorrow, the first thing I'm gonna go through

567
00:34:14.159 --> 00:34:16.600
is the likelihood of confusion factors.

568
00:34:16.600 --> 00:34:18.639
So those are the things that you actually look at

569
00:34:18.639 --> 00:34:21.760
to determine whether or not there's confusion, right?

570
00:34:21.760 --> 00:34:23.560
Because the way that you determine

571
00:34:23.560 --> 00:34:26.040
if somebody infringes on your trademark

572
00:34:26.040 --> 00:34:28.239
is you look to see whether or not

573
00:34:29.600 --> 00:34:32.000
there's a likelihood of confusion in the public side.

574
00:34:32.000 --> 00:34:36.000
So if I have the name Nike for sandals,

575
00:34:37.920 --> 00:34:41.480
and Nike has a name for just, let's say sneakers alone,

576
00:34:41.480 --> 00:34:42.520
even though they have sandals,

577
00:34:42.600 --> 00:34:45.040
let's assume they only have sneakers,

578
00:34:45.040 --> 00:34:47.719
they would do a number of things would be checked.

579
00:34:47.719 --> 00:34:49.199
Like, is it spelled the same?

580
00:34:49.199 --> 00:34:51.159
Does it sound the same?

581
00:34:51.159 --> 00:34:53.800
Does it have the same commercial impression?

582
00:34:53.800 --> 00:34:55.679
Is it a similar price point?

583
00:34:55.679 --> 00:34:58.160
Is it sold in a similar area?

584
00:34:59.280 --> 00:35:00.320
Is it easy to have?

585
00:35:00.000 --> 00:35:05.520
access it? Like, do you buy them both at Target? Or do you buy one online only and one in the store?

586
00:35:07.200 --> 00:35:12.160
You know, what's the educational level of the consumer? Like, these are different factors

587
00:35:12.160 --> 00:35:16.800
that you look at to determine, yes, there's trademark infringement, or no, there isn't.

588
00:35:16.800 --> 00:35:22.480
So if I said, hello, beautiful, I just typed in, hello, beautiful, and I've got all these

589
00:35:22.480 --> 00:35:31.760
registrations here, right? So now, I would want to know, one of the things that I would be looking

590
00:35:31.760 --> 00:35:40.560
at is the international class. So let's say I was looking at it for software, right? I'm just

591
00:35:40.560 --> 00:35:47.200
just saying, let's just look at software. Software is international class nine. So I come over here,

592
00:35:47.200 --> 00:35:54.960
select international class nine, I change this to and I submit query. And now, not a single one of

593
00:35:54.960 --> 00:36:03.200
those registrations is for software, right? So that's a good sign. But let's say instead, it's

594
00:36:04.400 --> 00:36:11.280
in educational programs, like challenges, or like coaching programs, or anything like that.

595
00:36:11.280 --> 00:36:18.240
That's international class 41. So if I do a search there, oh, there's seven of them. So now, I look

596
00:36:18.240 --> 00:36:23.360
and I say, hello, beautiful queen, and I look at that one in educational services, conducting classes

597
00:36:23.360 --> 00:36:27.120
in the field of personal development, relationships and distribution, of course, material connection

598
00:36:27.120 --> 00:36:34.480
there, there with, right? So that's hello, beautiful in international class 41. If I were going to be

599
00:36:34.960 --> 00:36:41.520
to be doing a training using hello, beautiful with other words, I might have some level of

600
00:36:41.520 --> 00:36:48.480
concern here because they have hello, beautiful, but they include the word queen. So now, I'd be

601
00:36:49.280 --> 00:36:57.680
let's say mine was hello, beautiful dog, right? And it's used for educating, you know, vets on

602
00:36:58.560 --> 00:37:06.080
how to clean dogs. I saw the worst video yesterday. I got to share this. So I saw the

603
00:37:06.080 --> 00:37:12.880
worst video yesterday. In the United Kingdom, they created this machine where you could put your dog

604
00:37:12.880 --> 00:37:19.600
inside the machine, push the button, and it washes your dog. Did you not? And I saw somebody use it

605
00:37:19.600 --> 00:37:26.720
on a cat too, right? Put the cat inside the thing. The cat's like meow, meow. Oh, cute little fluffy,

606
00:37:26.720 --> 00:37:32.640
just needs a little wash. They close the door. Fluffy's like, what just happened? Like,

607
00:37:33.280 --> 00:37:40.000
hello? Hello? Hello? Hello? Little fluffy's looking out the window. They push the button.

608
00:37:40.000 --> 00:37:44.560
Then a little water starts coming up from the ground. Fluffy's like, what the? And then the

609
00:37:44.560 --> 00:37:50.320
water's coming faster. Fluffy's like jumping on the glass, like, ah! Like fluffy's like flipping

610
00:37:50.320 --> 00:37:57.040
and jumping and jumping. I'm like, who in their right mind came up with this? It was horrible.

611
00:37:57.040 --> 00:38:03.760
Funny video, but horrible idea, right? So what's my point of all that? I just thought it was

612
00:38:03.760 --> 00:38:09.520
hilarious. But separate from that, let's say it says, hello, beautiful dog, right? Well,

613
00:38:09.520 --> 00:38:15.280
they have a registration for queen. You're doing, let's say, an educational program for vets.

614
00:38:15.360 --> 00:38:18.800
They're doing an educational program for personal development.

615
00:38:19.840 --> 00:38:26.160
Hello, beautiful dog versus hello, beautiful queen. You know, there's an argument that they

616
00:38:26.160 --> 00:38:32.320
don't own hello, beautiful alone. So why should they be able to stop me from registering hello,

617
00:38:32.320 --> 00:38:37.200
beautiful dog? Are you saying that queens are dogs? No, I'd say that. So there's not really

618
00:38:37.200 --> 00:38:42.880
a likelihood of confusion there. So there are arguments for why I should be able to use that

619
00:38:42.880 --> 00:38:49.280
name, right? But what I tend to tell people is, if you find yourself going down the avenue of

620
00:38:50.160 --> 00:38:54.160
building legal arguments for why there's no infringement,

621
00:38:56.400 --> 00:39:03.200
that in and of itself means that you might end up spending some money on an attorney at some point

622
00:39:03.200 --> 00:39:10.640
trying to protect yourself. So just try to stay as far away from potential infringement as possible.

623
00:39:10.640 --> 00:39:18.080
Now, in this case, hello, beautiful, in class 41, I'm seeing hello, beautiful,

624
00:39:18.080 --> 00:39:26.000
oh, that's dead. That's not good. Ciao Bella, weddings, that's, that's, isn't that bye? Isn't

625
00:39:26.000 --> 00:39:37.920
ciao bye? Or is ciao hello and bye? Anybody Italian? It's both? I can't unmute her. There

626
00:39:38.000 --> 00:39:42.320
we go. I just unmuted her. Shelly's unmuted.

627
00:39:45.520 --> 00:39:54.800
Why is it there? Um, hello. Ciao is both hello and goodbye. Okay, so that's why. So

628
00:39:56.640 --> 00:39:59.920
so when I look at this, I'm seeing hello, beautiful weddings, there's a register.

629
00:40:00.000 --> 00:40:03.260
Hello, beautiful photography, there's a registration.

630
00:40:03.260 --> 00:40:06.840
Hello, Mia, bonitas.

631
00:40:08.400 --> 00:40:09.600
Beautiful girls.

632
00:40:09.600 --> 00:40:13.340
Right, so there's multiple, hello, beautifuls,

633
00:40:13.340 --> 00:40:15.200
multiple registrations.

634
00:40:15.200 --> 00:40:19.400
So as an attorney, and again, this is not a legal advice.

635
00:40:19.400 --> 00:40:20.800
I'm not telling you to do this.

636
00:40:20.800 --> 00:40:25.800
I'm just saying this is the analysis that I do, right?

637
00:40:27.160 --> 00:40:28.000
Yeah.

638
00:40:28.000 --> 00:40:30.540
When I look at this, I say, hold it.

639
00:40:30.540 --> 00:40:34.000
There are multiple registrations using hello, beautiful

640
00:40:34.000 --> 00:40:36.240
and another word, right?

641
00:40:36.240 --> 00:40:37.540
That's what I look at, right?

642
00:40:37.540 --> 00:40:39.880
In international class 41.

643
00:40:39.880 --> 00:40:43.180
So now what I do is I go and I say, okay, well,

644
00:40:43.180 --> 00:40:45.720
for this one here, hello, beautiful photography,

645
00:40:45.720 --> 00:40:46.720
who's the owner?

646
00:40:46.720 --> 00:40:48.160
Hello, beautiful photography.

647
00:40:48.160 --> 00:40:50.200
Okay, now I look at the next one.

648
00:40:50.200 --> 00:40:51.240
Hello, beautiful queen.

649
00:40:51.240 --> 00:40:52.720
I look at who's the owner.

650
00:40:52.720 --> 00:40:53.780
Hello, beautiful queen.

651
00:40:53.780 --> 00:40:56.120
Okay, so that's another company.

652
00:40:56.120 --> 00:40:59.960
Then I look at hello, hola, mias, bonitas.

653
00:40:59.960 --> 00:41:02.680
And I see that's an individual.

654
00:41:02.680 --> 00:41:05.000
So these are different companies

655
00:41:05.000 --> 00:41:07.400
that are getting registrations

656
00:41:07.400 --> 00:41:09.780
for using hello, beautiful and another word.

657
00:41:09.780 --> 00:41:12.040
So my chances, I think to myself,

658
00:41:12.040 --> 00:41:14.440
my chances of being able to use hello, beautiful

659
00:41:14.440 --> 00:41:17.480
and another word are higher, right?

660
00:41:17.480 --> 00:41:20.200
Because there's multiple examples of other people

661
00:41:20.200 --> 00:41:23.000
that are using at least those two words.

662
00:41:23.000 --> 00:41:25.560
And no, it doesn't look like there's any one person

663
00:41:26.000 --> 00:41:28.000
that owns hello, beautiful alone.

664
00:41:28.000 --> 00:41:29.360
While there's multiple parties

665
00:41:29.360 --> 00:41:31.640
that hello, beautiful with something else.

666
00:41:31.640 --> 00:41:34.780
So then I go and I look at hello, beautiful, that's dead.

667
00:41:34.780 --> 00:41:38.180
When I look at it, I see, oh, this is really old.

668
00:41:39.100 --> 00:41:44.100
Registered 2014, it expired for a year, two years ago.

669
00:41:47.880 --> 00:41:51.160
Chances are it's not gonna be an issue.

670
00:41:51.160 --> 00:41:55.060
I go to the Wayback Machine and I do a little research

671
00:41:55.900 --> 00:41:57.380
and see if I could find these guys.

672
00:41:57.380 --> 00:41:58.420
If I'm not too worried about,

673
00:41:58.420 --> 00:42:02.340
or I might just go to Reflections Inc. Corporation,

674
00:42:02.340 --> 00:42:05.380
right-click copy, go into Google and do a search for them.

675
00:42:05.380 --> 00:42:07.760
Like see who they are, do they exist anymore?

676
00:42:07.760 --> 00:42:10.380
These are things that lawyers will do, right?

677
00:42:10.380 --> 00:42:12.660
It's nice if you know how to do some of this stuff yourself

678
00:42:12.660 --> 00:42:15.340
because then what happens is when you go to your attorney,

679
00:42:15.340 --> 00:42:16.460
you can say, hey, look,

680
00:42:16.460 --> 00:42:21.140
I'm going after hello, beautiful dogs, right?

681
00:42:21.140 --> 00:42:24.540
And I noticed there's other registrations here.

682
00:42:24.940 --> 00:42:26.700
Here's a list of the other registrations.

683
00:42:26.700 --> 00:42:28.780
When I looked at the owners, these are the owners.

684
00:42:28.780 --> 00:42:31.300
So there's different owners in each situation.

685
00:42:31.300 --> 00:42:34.820
And the person who actually owned hello, beautiful alone,

686
00:42:34.820 --> 00:42:37.340
the registrant was Reflections Inc. Corporation.

687
00:42:37.340 --> 00:42:40.560
When I did a search for them on the internet,

688
00:42:40.560 --> 00:42:45.560
I saw that the company actually ceased existing in 2021.

689
00:42:46.180 --> 00:42:50.660
You go to a lawyer with that, that is a prepared individual.

690
00:42:50.660 --> 00:42:54.380
That is the difference between an entrepreneur

691
00:42:55.220 --> 00:42:56.980
who is just trying to do business

692
00:42:56.980 --> 00:43:01.980
and a highly educated entrepreneur who's crushing it, right?

693
00:43:02.060 --> 00:43:05.300
So that's what you want to do, so I hope that helped.

694
00:43:05.300 --> 00:43:06.340
Yeah, no, it did.

695
00:43:06.340 --> 00:43:09.700
I mean, you know, just looking up the whole,

696
00:43:09.700 --> 00:43:13.020
the phrase hello, beautiful, there was so many,

697
00:43:13.020 --> 00:43:15.060
but then there was different punctuations.

698
00:43:15.060 --> 00:43:16.820
And then of course there was added words.

699
00:43:16.820 --> 00:43:20.980
And then my whole phrase is literally six words,

700
00:43:20.980 --> 00:43:24.860
but two of those words contain hello, beautiful.

701
00:43:24.860 --> 00:43:29.860
And so, but I just, I also wanted that particular phrase.

702
00:43:30.860 --> 00:43:31.700
So.

703
00:43:31.700 --> 00:43:34.340
Yeah, so it looks, I mean, in looking at, again,

704
00:43:34.340 --> 00:43:36.940
none of this is legal advice, I would make sure,

705
00:43:36.940 --> 00:43:40.740
but at the same time, you know, when I do,

706
00:43:40.740 --> 00:43:42.340
when I personally looked at something like this,

707
00:43:42.340 --> 00:43:43.820
I say, hold it, there's a ton of people

708
00:43:43.820 --> 00:43:47.020
that have hello, beautiful, and something else.

709
00:43:47.020 --> 00:43:49.860
A lot of people have hello, beautiful, and something else.

710
00:43:49.860 --> 00:43:52.100
I'm less concerned, you know,

711
00:43:52.100 --> 00:43:54.540
unless somebody owns hello, beautiful alone.

712
00:43:54.540 --> 00:43:55.940
And that's what you'll learn about tomorrow

713
00:43:55.940 --> 00:43:58.180
when we go into likelihood of confusion.

714
00:43:58.180 --> 00:44:00.860
You know, you do an analysis of every single word.

715
00:44:00.860 --> 00:44:02.020
Ray, what's up?

716
00:44:02.020 --> 00:44:03.060
Your hand's up.

717
00:44:03.060 --> 00:44:04.660
Oh, it's just kind of carrying on

718
00:44:04.660 --> 00:44:06.660
from what you said with insight for them.

719
00:44:06.660 --> 00:44:08.980
We have one of our members in our protection portal

720
00:44:08.980 --> 00:44:12.740
that she went to her attorney after doing her trainings

721
00:44:12.740 --> 00:44:14.540
and preparing everything and organizing.

722
00:44:14.540 --> 00:44:17.500
She went to her attorney, kind of dropped it on him,

723
00:44:17.500 --> 00:44:20.780
and he said that she was the most prepared client

724
00:44:20.780 --> 00:44:21.980
that he had ever had.

725
00:44:21.980 --> 00:44:24.980
I think it ended up saving her like six grand.

726
00:44:24.980 --> 00:44:26.700
I think she said Jill, Jill Wolf.

727
00:44:26.700 --> 00:44:28.780
Oh, yeah, Jill is amazing.

728
00:44:28.780 --> 00:44:31.860
She's brilliant powerhouse of a woman.

729
00:44:31.860 --> 00:44:34.220
What she did was she applied the principles

730
00:44:34.220 --> 00:44:35.660
that you guys are learning now.

731
00:44:35.660 --> 00:44:38.180
And Jill actually joined us in the protection portal

732
00:44:38.180 --> 00:44:40.900
and she took the foundations and IP package

733
00:44:40.900 --> 00:44:44.100
and she's implementing it in real life.

734
00:44:44.100 --> 00:44:49.100
And so for her, she's saved probably tens of thousands

735
00:44:49.460 --> 00:44:51.940
of dollars within a year on legal fees

736
00:44:51.940 --> 00:44:54.180
because she implements it.

737
00:44:54.180 --> 00:44:57.620
Like she goes and she does the work herself

738
00:44:57.620 --> 00:44:59.980
because, and then she goes to her,

739
00:45:00.000 --> 00:45:05.200
to the attorney and say, here's my package, can you confirm this is accurate? Did I do anything

740
00:45:05.200 --> 00:45:10.960
wrong? Like they'd spend a half hour reviewing stuff instead of like four hours doing all the

741
00:45:10.960 --> 00:45:15.920
work. He was impressed and she's like, I got Peter in my corner. Well, it's kind of hilarious

742
00:45:15.920 --> 00:45:21.360
because she brags about it, but it's like the whole point is that instead of spending 2400 bucks

743
00:45:21.360 --> 00:45:26.800
for that one situation, she's spending 300 bucks, big difference. And that's my hope for all of you

744
00:45:26.800 --> 00:45:32.240
guys is that you guys become very well prepared so that you can, you know, when you don't need

745
00:45:32.240 --> 00:45:35.840
somebody, you don't get them. Like if you know how to do an oil change, why in the world are

746
00:45:35.840 --> 00:45:42.240
you taking your car to get your oil change? Like do it yourself. So if it's not, you know,

747
00:45:42.240 --> 00:45:50.000
a legal issue. So Dave, go ahead. Thanks. This has been super helpful.

748
00:45:50.640 --> 00:46:00.080
Awesome. Especially, you know, knowing how to navigate the site for trademark searches is

749
00:46:00.080 --> 00:46:05.760
really, really valuable. So I'm doing a challenge coming up here in a couple of weeks.

750
00:46:06.320 --> 00:46:13.920
Yeah, that's awesome. And it'll be my first challenge. And it's a free five day find your

751
00:46:13.920 --> 00:46:23.200
higher power challenge. All right. And I know that recovery associations have quite a few

752
00:46:23.200 --> 00:46:33.680
stipulations about what can and can't be used. And I just don't want to infringe on

753
00:46:35.120 --> 00:46:42.400
or cause problems down the line when I'm making an offer for money versus, you know, a free

754
00:46:42.400 --> 00:46:48.560
challenge with words like higher power or 12 step, for instance.

755
00:46:49.600 --> 00:46:57.360
This is what you just said, Dave, is literally why I'm going to be. I mean, you guys are VIP,

756
00:46:57.360 --> 00:47:00.800
so I could share this with you guys. But I'm going to be approaching Russell Bronson

757
00:47:01.520 --> 00:47:08.480
about this and say, you know, look, they're doing tons of funnels. People are I had a friend of mine

758
00:47:09.440 --> 00:47:15.120
like this guy's a software developer, runs a big, big corporation. He created the TikTok

759
00:47:15.120 --> 00:47:21.280
challenge. Right. But he took the logo and he put it smack on the top of his funnel.

760
00:47:21.280 --> 00:47:28.320
And he had the color scheme for for TikTok, which is trade dress. And then he took, you know,

761
00:47:28.320 --> 00:47:34.800
TikTok stylized and used it in his funnel. And I'm in a mastermind with him. Like we spend

762
00:47:34.800 --> 00:47:41.520
fifty thousand dollars to be in this mastermind together. And he posted a picture of it. And he

763
00:47:41.520 --> 00:47:45.920
said he's actually posted the link and he said, hey, guys, you know, we're going to be starting

764
00:47:45.920 --> 00:47:52.000
our TikTok challenge tomorrow. Can you guys take a look at this before we let everybody know about

765
00:47:52.000 --> 00:47:57.200
this? We're going to start the ads tomorrow. We start the challenge in five days. I looked at

766
00:47:57.200 --> 00:48:03.840
that thing and I tell him you are not going live with that. You will stop right now. And when

767
00:48:04.080 --> 00:48:10.160
he saw me say that, know that knowing I'm the only lawyer in the group, he was like, whoa, what's

768
00:48:10.160 --> 00:48:16.640
going on? I said, you will get sued as a you. You are promoting their name, their logo, using their

769
00:48:16.640 --> 00:48:24.560
colors, and you're making it seem as if it's an official, you know, challenge that when it's not

770
00:48:25.200 --> 00:48:30.240
as like, look, we're changing a number of things. Get rid of logo, use the name TikTok in a

771
00:48:30.240 --> 00:48:36.000
descriptive manner instead, you know, like take the following take the following training so that

772
00:48:36.000 --> 00:48:42.320
you can get a thousand followers on TikTok, you know, without using TikTok stylized. It's

773
00:48:42.320 --> 00:48:47.920
descriptive, right? Big difference. So within a half hour, we redid his entire funnel.

774
00:48:49.200 --> 00:48:53.920
Saved him a lawsuit. And he's actually one of the guys who does a big review for us.

775
00:48:54.640 --> 00:49:00.400
And actually, I think he's on that intro video, Ray, that you played because he was so thankful

776
00:49:00.400 --> 00:49:05.440
and they were about to go live and they did great with the challenge. But the problem is a lot of

777
00:49:05.440 --> 00:49:10.480
people are creating these funnels and they don't know what you guys know. Like they do not know

778
00:49:11.200 --> 00:49:16.160
you can't use logos of others. You can't use trademarks of others or you will get sued,

779
00:49:16.160 --> 00:49:21.920
you know, and it's I can't tell you how many times like within a month I get phone calls.

780
00:49:21.920 --> 00:49:26.560
Steven Diaz sends me people in his own group that are getting cease and desist letters,

781
00:49:27.520 --> 00:49:32.480
you know, and and and they're they're entrepreneurs like they're successful entrepreneurs

782
00:49:32.480 --> 00:49:37.760
who've been doing this for many years and they're getting sued because nobody's teaching them what

783
00:49:37.760 --> 00:49:42.240
you guys are learning today. And it's really unfortunate. So I just want to make sure you

784
00:49:42.240 --> 00:49:47.200
guys are aware of this. So with that being the case, I think you're very smart, Dave,

785
00:49:47.200 --> 00:49:52.000
to want to do a search. You know, you now know how to do some basic level search yourself

786
00:49:54.480 --> 00:49:59.680
and just find out whether or not the name that you're using. You can do one or two things.

787
00:50:00.000 --> 00:50:02.840
One, you can use it in a descriptive manner, right?

788
00:50:02.840 --> 00:50:04.640
That's a little tricky.

789
00:50:04.640 --> 00:50:06.760
You wanna make sure you do it exactly right.

790
00:50:06.760 --> 00:50:08.600
Or number two, do a search to make sure

791
00:50:08.600 --> 00:50:11.640
that it's not owned by anybody, right?

792
00:50:11.640 --> 00:50:12.480
So-

793
00:50:12.480 --> 00:50:14.280
So I did a, while we were talking,

794
00:50:14.280 --> 00:50:17.480
I did a search on higher power, and then-

795
00:50:17.480 --> 00:50:19.240
That's gotta be all over the place.

796
00:50:20.280 --> 00:50:21.560
There were a hundred.

797
00:50:21.560 --> 00:50:22.400
Oh, yeah.

798
00:50:23.400 --> 00:50:24.560
Not as many as I thought.

799
00:50:24.560 --> 00:50:28.600
And then I narrowed it down with recovery

800
00:50:28.600 --> 00:50:30.000
in goods and services.

801
00:50:32.000 --> 00:50:34.040
And there were,

802
00:50:35.720 --> 00:50:37.920
there wasn't anyone using it

803
00:50:37.920 --> 00:50:39.680
in the context that I'm using.

804
00:50:39.680 --> 00:50:41.040
When you say recovery,

805
00:50:41.040 --> 00:50:43.320
you're doing training on recovery, right?

806
00:50:44.320 --> 00:50:46.600
Yeah, so training would be education.

807
00:50:47.440 --> 00:50:48.560
Okay.

808
00:50:48.560 --> 00:50:51.400
So that would be like, again,

809
00:50:51.400 --> 00:50:53.480
none of this is legal advice.

810
00:50:53.480 --> 00:50:54.680
None of this is legal advice.

811
00:50:54.680 --> 00:50:56.000
You talk to your lawyers.

812
00:50:56.000 --> 00:50:58.480
I tend to do this wrong.

813
00:50:59.360 --> 00:51:00.200
Every single time I say,

814
00:51:00.200 --> 00:51:01.040
I'm never gonna do this again,

815
00:51:01.040 --> 00:51:02.240
and I do it anyway,

816
00:51:02.240 --> 00:51:03.840
because I don't want people getting in trouble.

817
00:51:03.840 --> 00:51:05.760
I want them to be successful.

818
00:51:05.760 --> 00:51:07.880
But I know that I have the knowledge,

819
00:51:07.880 --> 00:51:09.400
so I wanna share it.

820
00:51:09.400 --> 00:51:12.960
But I can't be liable

821
00:51:12.960 --> 00:51:14.480
for mentioning this stuff to you guys.

822
00:51:14.480 --> 00:51:18.360
So if you're looking at training other people in recovery,

823
00:51:18.360 --> 00:51:21.800
then that's typically classes like 41.

824
00:51:21.800 --> 00:51:22.640
And what's the other one?

825
00:51:22.640 --> 00:51:24.160
38, 35?

826
00:51:24.160 --> 00:51:26.080
Did you say education?

827
00:51:27.080 --> 00:51:28.320
Yeah, so let me show you.

828
00:51:29.160 --> 00:51:30.000
I'll show you something.

829
00:51:30.000 --> 00:51:30.840
I'll show you guys.

830
00:51:30.840 --> 00:51:31.680
See, you guys are in VIP.

831
00:51:31.680 --> 00:51:33.800
You guys are getting some really cool stuff.

832
00:51:33.800 --> 00:51:34.880
Check this out.

833
00:51:34.880 --> 00:51:39.880
International classes for trademarks.

834
00:51:42.400 --> 00:51:43.240
And pull it up.

835
00:51:46.680 --> 00:51:51.400
GMEP, Trademark Manual of Examination and Proceedings.

836
00:51:51.400 --> 00:51:54.080
Because I don't see training or education under-

837
00:51:54.080 --> 00:51:55.200
Check this out.

838
00:51:55.200 --> 00:51:56.280
If I copy.

839
00:51:58.960 --> 00:52:01.840
Are you doing the international class link?

840
00:52:01.840 --> 00:52:02.680
I have it right here if you need it.

841
00:52:02.680 --> 00:52:04.760
Yeah, I just found it.

842
00:52:04.760 --> 00:52:05.600
Okay.

843
00:52:07.080 --> 00:52:07.920
Here it is.

844
00:52:07.920 --> 00:52:08.960
I just put it in the chat.

845
00:52:08.960 --> 00:52:11.000
That is the link.

846
00:52:11.000 --> 00:52:13.520
I'm gonna show you guys something.

847
00:52:13.520 --> 00:52:15.520
When we're trying to figure out...

848
00:52:17.600 --> 00:52:20.520
Share screen, pow.

849
00:52:20.520 --> 00:52:22.000
All right, here we go.

850
00:52:22.000 --> 00:52:27.000
This is the Trademark Manual of Examining Procedure.

851
00:52:27.720 --> 00:52:29.560
All right, right down here you see Goods.

852
00:52:29.560 --> 00:52:31.760
See, class one starts here.

853
00:52:31.760 --> 00:52:32.600
And it goes down.

854
00:52:32.600 --> 00:52:34.480
Class two, class three.

855
00:52:34.480 --> 00:52:37.960
So if you go all the way down to 41.

856
00:52:43.520 --> 00:52:44.880
The sound effects are free.

857
00:52:46.720 --> 00:52:48.640
And going on a blooper reel.

858
00:52:48.640 --> 00:52:51.080
I know, you create so many blooper reels.

859
00:52:51.080 --> 00:52:55.160
All right, so here's education.

860
00:52:55.680 --> 00:52:57.440
Providing of training, entertainment,

861
00:52:57.440 --> 00:52:59.400
sporting, cultural activities.

862
00:52:59.400 --> 00:53:04.400
All right, so any of the educational stuff falls in the 41.

863
00:53:05.840 --> 00:53:08.920
Now I think there's also 38.

864
00:53:10.360 --> 00:53:13.240
Telecommunication services, not really.

865
00:53:13.240 --> 00:53:14.080
So-

866
00:53:14.080 --> 00:53:16.120
Would it be under like consulting, like 35?

867
00:53:16.120 --> 00:53:18.320
Yeah, I think 35 is the other one.

868
00:53:18.320 --> 00:53:20.320
Yep, 35 is the other one.

869
00:53:20.320 --> 00:53:22.000
Business management, organization.

870
00:53:22.000 --> 00:53:23.720
That's another one that people use.

871
00:53:23.760 --> 00:53:26.800
So typically like 41, 35.

872
00:53:26.800 --> 00:53:30.000
But in any case, if some people are looking at this

873
00:53:30.000 --> 00:53:33.680
and going, how in the world am I supposed to know what it is?

874
00:53:33.680 --> 00:53:35.480
You can come right here and just type in the word.

875
00:53:35.480 --> 00:53:37.680
So like shoes.

876
00:53:40.000 --> 00:53:42.080
And see what pops up.

877
00:53:42.080 --> 00:53:42.920
Shoes.

878
00:53:44.840 --> 00:53:47.440
There, international class 25.

879
00:53:47.440 --> 00:53:48.440
Shoes.

880
00:53:48.440 --> 00:53:50.840
So that's one way to find it quickly.

881
00:53:50.840 --> 00:53:53.880
A lot faster than trying to read all that stuff.

882
00:53:53.880 --> 00:53:55.800
There's just too much stuff in here.

883
00:53:55.800 --> 00:53:59.600
But the other thing is obviously if you hire an attorney,

884
00:53:59.600 --> 00:54:02.040
they're gonna actually use tools

885
00:54:02.040 --> 00:54:04.440
that they have to actually search themselves.

886
00:54:04.440 --> 00:54:05.880
Like that's what we do internally.

887
00:54:05.880 --> 00:54:09.040
So, but we have tools that are different from you guys.

888
00:54:09.040 --> 00:54:10.880
I'm giving you guys free tools.

889
00:54:10.880 --> 00:54:13.920
Like my intent is to give you guys tools that are free

890
00:54:13.920 --> 00:54:15.360
that you can, because you know what?

891
00:54:15.360 --> 00:54:16.840
You're not paying anybody for this.

892
00:54:16.840 --> 00:54:18.600
So you could, instead of watching Netflix

893
00:54:18.640 --> 00:54:19.880
for the next three hours,

894
00:54:19.880 --> 00:54:24.080
you can go on USPTO website and do all the searching you want

895
00:54:24.080 --> 00:54:27.560
and all the classification searching and it's free.

896
00:54:27.560 --> 00:54:32.320
And then you can give what you found to your attorney

897
00:54:32.320 --> 00:54:35.360
and then your attorney can say, no, that's not right.

898
00:54:35.360 --> 00:54:36.200
What are you thinking?

899
00:54:36.200 --> 00:54:38.360
Or they might say, yeah, that's actually right.

900
00:54:38.360 --> 00:54:39.360
I agree.

901
00:54:39.360 --> 00:54:40.920
You're clear.

902
00:54:40.920 --> 00:54:43.120
0.2 versus two hours.

903
00:54:43.120 --> 00:54:44.640
You know, big difference.

904
00:54:45.480 --> 00:54:46.320
All right.

905
00:54:46.320 --> 00:54:48.960
So, yeah, so that's why.

906
00:54:48.960 --> 00:54:50.840
Why are you laughing, Ray?

907
00:54:50.840 --> 00:54:52.560
What is going on?

908
00:54:52.560 --> 00:54:54.160
I saw Michelle cracking up

909
00:54:54.160 --> 00:54:57.000
when you mentioned not binge-watching Netflix.

910
00:54:57.000 --> 00:54:59.160
And I was like, she's a binge-watcher.

911
00:54:59.160 --> 00:55:00.000
But I know what

912
00:55:00.000 --> 00:55:02.700
happens in my house. I have two daughters and a wife. All right.

913
00:55:02.700 --> 00:55:06.060
I know what happens binge watching. I'm like, What are you

914
00:55:06.060 --> 00:55:09.900
guys watching the same show? For like two days? Yeah. Or an

915
00:55:09.900 --> 00:55:14.780
episode eight. I'm like, Okay. She's trying to talk. She's

916
00:55:14.780 --> 00:55:17.020
trying to talk. I'm muter.

917
00:55:17.700 --> 00:55:18.380
There we go.

918
00:55:18.780 --> 00:55:19.380
There we go.

919
00:55:19.980 --> 00:55:24.380
Okay, yes. No, but it's so much better to have information and

920
00:55:24.380 --> 00:55:28.320
to really just be like searching like crazy. And I'm like

921
00:55:28.320 --> 00:55:31.380
already looking on here. And I'm like, Okay, well, this is

922
00:55:31.380 --> 00:55:34.860
like acceptable, like this could work and like changing things

923
00:55:34.860 --> 00:55:37.820
and stuff like that. So it's like, it's such good

924
00:55:37.820 --> 00:55:39.540
information. I'm loving it.

925
00:55:40.060 --> 00:55:42.980
That's awesome. I'm glad it helps you. And, and kudos to

926
00:55:42.980 --> 00:55:45.900
you, because you're actually jumping in. You know, like

927
00:55:45.900 --> 00:55:47.820
there's some people that will actually look at it and then

928
00:55:47.820 --> 00:55:51.140
not apply it, but you see where you can apply it and you're

929
00:55:51.140 --> 00:55:54.380
jumping right in. So that that's good. That's how people become

930
00:55:54.380 --> 00:55:59.000
really powerful entrepreneurs, is a dig in because I'll tell

931
00:55:59.000 --> 00:56:03.080
you something that is a pain to watch. Somebody who actually

932
00:56:03.080 --> 00:56:07.400
builds a company, build a website or a funnel, gets the

933
00:56:07.400 --> 00:56:11.840
domain name starts using it starts building a following

934
00:56:11.880 --> 00:56:14.680
using it for two or three years, then all of a sudden gets a

935
00:56:14.680 --> 00:56:19.400
cease and desist letter. Now we have to do I mean, just just to

936
00:56:19.400 --> 00:56:22.640
think about this, guys, just because I see this happen like

937
00:56:22.640 --> 00:56:27.380
all the time. What that means is that now they have to come up

938
00:56:27.380 --> 00:56:31.900
with a new name, rebrand, change the website, change the funnel,

939
00:56:31.900 --> 00:56:35.840
change the stencil, pull product from the shelves, pull product

940
00:56:35.840 --> 00:56:41.020
off Amazon or eBay, stop selling certain programs, change all the

941
00:56:41.020 --> 00:56:44.480
merchandise. And then on top of that, they have to explain to

942
00:56:44.480 --> 00:56:50.420
their customers. This is our new name, right? And so it's a

943
00:56:50.960 --> 00:56:54.520
it's a branding nightmare, because you've already have all

944
00:56:54.520 --> 00:56:57.560
of your customers going to a certain domain name, and they're

945
00:56:57.560 --> 00:57:02.060
used to certain letterhead or certain email, logos, everything

946
00:57:02.060 --> 00:57:04.880
like that. So you really want to keep it consistent all the way.

947
00:57:05.180 --> 00:57:07.920
You're absolutely right, Michelle. And so but imagine,

948
00:57:08.180 --> 00:57:12.020
imagine doing it right, right from the start. So now, and it's

949
00:57:12.020 --> 00:57:15.020
not a lot of money, like we're not talking spending 1000s of

950
00:57:15.020 --> 00:57:19.680
dollars. Like I'm teaching you guys, free tools to try to

951
00:57:19.680 --> 00:57:22.560
streamline services. And I'm going to actually show you how

952
00:57:22.560 --> 00:57:25.920
to actually approach the lawyer tomorrow. But like, if you do

953
00:57:25.920 --> 00:57:30.160
all this stuff, you're spending like a fraction. And then the

954
00:57:30.160 --> 00:57:34.220
good part is your company can grow and grow and grow. And you

955
00:57:34.220 --> 00:57:36.560
don't have to worry about somebody all of a sudden saying

956
00:57:36.560 --> 00:57:39.400
no, everything you've been doing is wrong, and you got to start

957
00:57:39.400 --> 00:57:43.200
over. It's so painful to watch people start over. And then I

958
00:57:43.200 --> 00:57:46.000
asked him the simple question, did you do a trademark search?

959
00:57:46.160 --> 00:57:50.760
What's that? Like, oh, like this actually should be taught in

960
00:57:50.760 --> 00:57:54.400
college. I really do. And actually, what's interesting is

961
00:57:54.400 --> 00:57:58.000
I we received I know, right, right. We really we received two

962
00:57:58.000 --> 00:58:03.800
weeks ago communication from the University of Ohio. Right. Ohio

963
00:58:03.800 --> 00:58:07.960
State University is looking at potentially taking our program

964
00:58:07.960 --> 00:58:12.040
and implementing it within their college. Because they're like,

965
00:58:12.040 --> 00:58:15.880
look, this stuff is so important for entrepreneurs. And we're

966
00:58:15.880 --> 00:58:18.400
trying to train entrepreneurs to do well, and they do a good

967
00:58:18.400 --> 00:58:22.000
job at that. But this stuff is missing, you learn this stuff,

968
00:58:22.360 --> 00:58:26.080
you learn a fraction of this stuff in law school, if you go

969
00:58:26.080 --> 00:58:29.880
to an IP law school, right. And then there's still as Andrews

970
00:58:29.880 --> 00:58:31.840
will tell you, they still won't teach you all this kind of

971
00:58:31.840 --> 00:58:35.280
stuff. They'll just teach you like, you know, basics, a

972
00:58:35.280 --> 00:58:39.600
trademark is something that you put on your product or service,

973
00:58:39.600 --> 00:58:42.200
right? And it's like, Okay, well, how do you apply it? What

974
00:58:42.200 --> 00:58:47.280
do you do? What's a search? What's an app? Anthony? What's

975
00:58:47.280 --> 00:58:48.040
going on, my friend?

976
00:58:48.600 --> 00:58:51.560
Good. Yeah, I had a few questions, actually. Sure.

977
00:58:52.520 --> 00:58:55.520
Let's wanted to jump back to the thing where you talked about

978
00:58:55.520 --> 00:58:59.200
common law. Yes. And you mentioned having the TM on on

979
00:58:59.200 --> 00:59:02.400
your products. Yes. Does that apply to your website as well,

980
00:59:02.400 --> 00:59:05.400
putting it on your website, where you have a TM that

981
00:59:05.400 --> 00:59:08.240
protects it as well. So to actually force another common

982
00:59:08.240 --> 00:59:12.520
law thing, and we're logo and everything else where the logo

983
00:59:12.520 --> 00:59:16.120
is used, where the low so if the logo is being used as an

984
00:59:16.120 --> 00:59:19.040
identification of a source of goods or services, then you

985
00:59:19.040 --> 00:59:23.440
should have that TM next to it. Okay, so it depends on where

986
00:59:23.440 --> 00:59:28.200
it's being used, how it's being used. Okay, okay. Now, there

987
00:59:28.200 --> 00:59:30.520
is another thing, though, which you'll learn not tomorrow, but

988
00:59:30.520 --> 00:59:34.160
the day after, which is a lot of people have problems because

989
00:59:34.160 --> 00:59:38.640
people are stealing their their content on their websites. Like

990
00:59:38.640 --> 00:59:42.640
somebody will literally look at Alina's website and go, man,

991
00:59:42.640 --> 00:59:48.320
Alina's got some mad skills. And so I want what Alina actually

992
00:59:48.320 --> 00:59:52.240
put on our website. So what they do is they carbon copy the

993
00:59:52.240 --> 00:59:55.560
entire site, and they create it on their own. And they just

994
00:59:55.560 --> 00:59:57.880
change the title and everything else is the same. That's

995
00:59:57.880 --> 00:59:59.000
copyright infringement.

996
01:00:00.000 --> 01:00:02.920
So you should be putting on the bottom of the website,

997
01:00:02.920 --> 01:00:05.920
you know, copyright, or use the circle C,

998
01:00:05.920 --> 01:00:07.880
and then the year, and then who actually owns it.

999
01:00:07.880 --> 01:00:10.360
We'll talk about that in two days, yeah.

1000
01:00:10.360 --> 01:00:12.080
So the question is, I'm in logistics,

1001
01:00:12.080 --> 01:00:14.440
so I move freight between different states.

1002
01:00:14.440 --> 01:00:16.880
So the question is, you have a bill of lading

1003
01:00:16.880 --> 01:00:18.160
when you move product between with,

1004
01:00:18.160 --> 01:00:20.000
normally with your logo on it,

1005
01:00:20.000 --> 01:00:22.480
and by having that TM on there,

1006
01:00:22.480 --> 01:00:24.520
does that mean that you're recognized in those states

1007
01:00:24.520 --> 01:00:28.040
as well with your logo as like a common law protection,

1008
01:00:28.040 --> 01:00:29.140
or how does that work?

1009
01:00:30.080 --> 01:00:33.720
Well, common law is throughout the United States, right?

1010
01:00:33.720 --> 01:00:36.760
So, but it's only,

1011
01:00:36.760 --> 01:00:39.000
it's only enforceable in the places

1012
01:00:39.000 --> 01:00:41.480
where you actually use it in interstate commerce.

1013
01:00:41.480 --> 01:00:42.960
So if you used it in Destin,

1014
01:00:42.960 --> 01:00:45.200
or you used it in Concord, New Hampshire,

1015
01:00:45.200 --> 01:00:49.680
or you used it in, you know, Derry, New Hampshire,

1016
01:00:49.680 --> 01:00:52.340
like that's where it would be enforceable,

1017
01:00:52.340 --> 01:00:54.400
only in the places of actual use,

1018
01:00:54.400 --> 01:00:57.960
not in the places that you just use.

1019
01:00:57.960 --> 01:01:00.680
So just because you used it,

1020
01:01:00.680 --> 01:01:03.920
just because you use the TM in a state

1021
01:01:03.920 --> 01:01:06.040
doesn't mean you have legal rights to it.

1022
01:01:06.040 --> 01:01:08.480
You have to use it in interstate commerce.

1023
01:01:08.480 --> 01:01:10.320
So you have to be selling the product,

1024
01:01:10.320 --> 01:01:12.000
or you have to be selling the service.

1025
01:01:12.000 --> 01:01:14.320
There has to be some kind of,

1026
01:01:14.320 --> 01:01:16.080
some kind of use in interstate commerce,

1027
01:01:16.080 --> 01:01:18.280
and sale is not always required.

1028
01:01:18.280 --> 01:01:20.360
Sometimes advertising is enough.

1029
01:01:20.360 --> 01:01:23.240
So it just depends upon the circumstance.

1030
01:01:23.240 --> 01:01:25.720
So like I ship interstate,

1031
01:01:25.720 --> 01:01:27.240
different, four different customers,

1032
01:01:27.240 --> 01:01:29.040
two different customers in those states.

1033
01:01:29.040 --> 01:01:30.880
So I'm doing commerce for, on maybe all-

1034
01:01:30.880 --> 01:01:32.840
In a state, in a single state?

1035
01:01:32.840 --> 01:01:34.320
No, in all the states.

1036
01:01:34.320 --> 01:01:35.920
Oh, wonderful, okay.

1037
01:01:35.920 --> 01:01:38.520
So my question is, if I'm shipping into all the states,

1038
01:01:38.520 --> 01:01:40.520
and I've got that on there, am I protected,

1039
01:01:40.520 --> 01:01:44.120
like my logo, my website, and all that under common law?

1040
01:01:44.120 --> 01:01:45.360
Is that how I understand that?

1041
01:01:45.360 --> 01:01:47.720
I'm not, again, I don't give any legal advice,

1042
01:01:47.720 --> 01:01:49.680
but I'm just gonna talk about in general, right?

1043
01:01:49.680 --> 01:01:54.680
So in general, this is the way it breaks down,

1044
01:01:54.680 --> 01:01:57.000
is imagine there's company XYZ,

1045
01:01:57.760 --> 01:02:00.000
and company XYZ has been selling shoes

1046
01:02:00.000 --> 01:02:04.160
in every state of the United States, every state, right?

1047
01:02:04.160 --> 01:02:05.640
Okay.

1048
01:02:05.640 --> 01:02:10.560
Common law rights are not broken down to per state.

1049
01:02:10.560 --> 01:02:13.720
They're broken down to geographical regions.

1050
01:02:13.720 --> 01:02:16.000
Geographical regions have been interpreted

1051
01:02:16.000 --> 01:02:20.840
to mean not a state, sometimes not even a city.

1052
01:02:20.840 --> 01:02:23.360
Some, most of the time, it's like a town.

1053
01:02:23.400 --> 01:02:27.480
Like it's a small location, right?

1054
01:02:27.480 --> 01:02:30.880
So even where I said, you know, like Concord, New Hampshire,

1055
01:02:30.880 --> 01:02:33.680
maybe you get Concord, because Concord is pretty big.

1056
01:02:33.680 --> 01:02:35.560
You may actually get a portion

1057
01:02:35.560 --> 01:02:37.320
of Concord, New Hampshire, right?

1058
01:02:37.320 --> 01:02:39.600
That's why I always tell people, look,

1059
01:02:39.600 --> 01:02:41.520
if you're gonna even think, contemplate

1060
01:02:41.520 --> 01:02:43.720
getting a state registration, file federal,

1061
01:02:43.720 --> 01:02:46.160
because you own all of the United States at once.

1062
01:02:46.160 --> 01:02:49.880
The second you cross the border of a state,

1063
01:02:49.880 --> 01:02:51.960
that's interstate commerce.

1064
01:02:51.960 --> 01:02:54.200
Immediately file federal registration,

1065
01:02:54.200 --> 01:02:55.760
file for federal registration,

1066
01:02:55.760 --> 01:02:58.040
because now you're no longer doing these battles for,

1067
01:02:58.040 --> 01:03:00.160
well, I used it in Destin.

1068
01:03:00.160 --> 01:03:02.560
Well, I used it in Anaheim, California.

1069
01:03:02.560 --> 01:03:04.280
Well, you used it in San Francisco,

1070
01:03:04.280 --> 01:03:06.120
but I used it in New York.

1071
01:03:06.120 --> 01:03:08.760
Like, why deal with that when you can file

1072
01:03:08.760 --> 01:03:12.480
for like a couple hundred bucks and own everything?

1073
01:03:13.320 --> 01:03:16.320
You know, that's why I told people.

1074
01:03:16.320 --> 01:03:18.800
Now, there are situations where you're not going

1075
01:03:18.800 --> 01:03:20.280
to cross state lines.

1076
01:03:20.280 --> 01:03:23.920
It's called interstate versus intrastate, right?

1077
01:03:23.920 --> 01:03:25.680
If you're interstate, well,

1078
01:03:25.680 --> 01:03:27.520
then you can't file federal registration

1079
01:03:27.520 --> 01:03:29.800
because you're not going to other states.

1080
01:03:29.800 --> 01:03:32.280
So in those cases, if it's interstate,

1081
01:03:32.280 --> 01:03:35.280
then you file a state application

1082
01:03:35.280 --> 01:03:38.840
to own the trademark in the state, right?

1083
01:03:38.840 --> 01:03:41.000
Or you could file an intent to use application

1084
01:03:41.000 --> 01:03:43.800
for other states, you just won't be able

1085
01:03:43.800 --> 01:03:48.800
to actually prove use in interstate commerce.

1086
01:03:50.040 --> 01:03:51.640
I'm sorry, intrastate commerce

1087
01:03:51.640 --> 01:03:54.280
until you actually use it outside the state.

1088
01:03:54.280 --> 01:03:57.040
So for that reason, for that reason,

1089
01:03:57.040 --> 01:03:58.160
I always tell people, look,

1090
01:03:58.160 --> 01:03:59.440
if you're using it in your state,

1091
01:03:59.440 --> 01:04:00.560
file your state application.

1092
01:04:00.560 --> 01:04:01.600
If that's not the case,

1093
01:04:01.600 --> 01:04:03.960
don't ever file a state application.

1094
01:04:03.960 --> 01:04:06.320
It's a waste of money, complete waste of money.

1095
01:04:07.200 --> 01:04:09.560
Then one other question I had is, you know,

1096
01:04:09.560 --> 01:04:11.320
often in society nowadays,

1097
01:04:11.320 --> 01:04:13.360
you have interfaces between different systems

1098
01:04:13.680 --> 01:04:14.920
that occur.

1099
01:04:14.920 --> 01:04:17.880
And so that interface, how I, for example,

1100
01:04:17.880 --> 01:04:21.440
interface with, say, a service provider, like a trucker,

1101
01:04:21.440 --> 01:04:25.520
while that interface happens via like an API kind of setup,

1102
01:04:25.520 --> 01:04:29.080
can somebody patent or trademark an API?

1103
01:04:29.080 --> 01:04:31.160
Or because, I mean, how does anybody else connect to it?

1104
01:04:31.160 --> 01:04:34.000
Like an application programming interface, an API?

1105
01:04:34.000 --> 01:04:35.080
Correct, yeah.

1106
01:04:35.080 --> 01:04:37.440
Man, I have been writing patents for MIT

1107
01:04:37.440 --> 01:04:40.080
and other companies on APIs for ages.

1108
01:04:40.080 --> 01:04:42.880
Okay, so you can do that then, and people do do that.

1109
01:04:43.240 --> 01:04:45.480
Let me be more clear.

1110
01:04:45.480 --> 01:04:48.440
It's the use of the API.

1111
01:04:48.440 --> 01:04:51.480
So it's use of the API in a system, right?

1112
01:04:51.480 --> 01:04:55.560
So like for you to actually file for an API alone,

1113
01:04:55.560 --> 01:04:58.280
it would have to be novel and non-obvious.

1114
01:04:58.280 --> 01:05:00.320
You'll learn about patents in a few days.

1115
01:05:00.000 --> 01:05:02.240
like we don't cover that for a few days.

1116
01:05:02.240 --> 01:05:04.200
So to actually file a patent on something,

1117
01:05:04.200 --> 01:05:06.240
it has to be novel and non-obvious.

1118
01:05:06.240 --> 01:05:10.720
That means it needs to be completely new, right?

1119
01:05:10.720 --> 01:05:13.360
And you can't take the combination

1120
01:05:13.360 --> 01:05:16.320
of two different technologies to create that one thing,

1121
01:05:16.320 --> 01:05:18.760
because that would be called obvious, right?

1122
01:05:18.760 --> 01:05:21.760
So for that reason, you would file a,

1123
01:05:21.760 --> 01:05:23.040
you could file a patent application

1124
01:05:23.040 --> 01:05:25.200
on an application programming interface

1125
01:05:25.200 --> 01:05:27.720
if it is truly unique.

1126
01:05:27.720 --> 01:05:32.080
Most cases, APIs by themselves are not unique.

1127
01:05:32.080 --> 01:05:36.780
It's the use of the API in a system that is unique, right?

1128
01:05:36.780 --> 01:05:39.160
Or you might have a, like, you might have,

1129
01:05:39.160 --> 01:05:41.380
let's say it's a central office customer premise.

1130
01:05:41.380 --> 01:05:43.200
I'm sorry, I'm getting geeky on you guys,

1131
01:05:43.200 --> 01:05:45.560
but I'm an electrical engineer as well,

1132
01:05:45.560 --> 01:05:48.160
and Anthony's asking tech stuff,

1133
01:05:48.160 --> 01:05:49.540
and I know Andrews is keeping up,

1134
01:05:49.540 --> 01:05:51.920
so I'm just kind of like, you know,

1135
01:05:51.920 --> 01:05:54.560
I'm just kind of trying to help him as much as I can.

1136
01:05:54.560 --> 01:05:58.480
So that application programming interface can be used,

1137
01:05:58.480 --> 01:06:01.960
let's say I've got some kind of app

1138
01:06:01.960 --> 01:06:06.320
and I'm interacting with some kind of backend system,

1139
01:06:06.320 --> 01:06:07.960
like central office customer premise,

1140
01:06:07.960 --> 01:06:09.400
whatever the case may be,

1141
01:06:09.400 --> 01:06:11.040
and I've got some kind of, you know,

1142
01:06:11.040 --> 01:06:13.760
as opposed to a GUI, graphical user interface,

1143
01:06:13.760 --> 01:06:16.000
I've got a application programming interface,

1144
01:06:16.000 --> 01:06:18.560
and so I'm interacting with that.

1145
01:06:18.560 --> 01:06:21.760
It's not common, in fact, it's uncommon

1146
01:06:21.760 --> 01:06:24.840
that somebody has a completely brand new API.

1147
01:06:24.840 --> 01:06:28.080
It's usually the API being used with software

1148
01:06:28.080 --> 01:06:33.040
in a certain way that becomes novel and not obvious,

1149
01:06:33.040 --> 01:06:34.280
and so when you file a patent,

1150
01:06:34.280 --> 01:06:38.760
you're filing for the API in use in a system, right,

1151
01:06:38.760 --> 01:06:41.640
as opposed to an API alone.

1152
01:06:41.640 --> 01:06:44.360
Now, I'm not saying that somebody can't create an API alone.

1153
01:06:44.360 --> 01:06:46.440
In Israel, there's all sorts of new technology

1154
01:06:46.440 --> 01:06:49.200
coming out of there that will blow your mind,

1155
01:06:49.360 --> 01:06:51.480
and I mean, I taught at the University of Tel Aviv

1156
01:06:51.480 --> 01:06:54.960
a long time ago, love Israel in general,

1157
01:06:54.960 --> 01:06:57.320
just great technologies that come out of there,

1158
01:06:57.320 --> 01:06:59.760
but it's just rare.

1159
01:06:59.760 --> 01:07:03.440
It's rare that you're gonna see a new API alone.

1160
01:07:03.440 --> 01:07:05.480
Most of the times, like 90% of the times,

1161
01:07:05.480 --> 01:07:08.240
it's an API used in a system that's unique,

1162
01:07:08.240 --> 01:07:10.120
not the API alone.

1163
01:07:10.120 --> 01:07:12.560
So you would look in that system

1164
01:07:12.560 --> 01:07:14.360
that you were just showing us just now

1165
01:07:14.360 --> 01:07:17.680
to see if there's any patents or trademarks

1166
01:07:17.680 --> 01:07:19.000
in there as well for the API?

1167
01:07:19.640 --> 01:07:22.200
I would be doing like a patent search

1168
01:07:22.200 --> 01:07:25.240
for the API in use within the system,

1169
01:07:25.240 --> 01:07:26.480
and when I do a patent search,

1170
01:07:26.480 --> 01:07:27.960
and we'll cover this on patent day,

1171
01:07:27.960 --> 01:07:30.200
when I did a patent search,

1172
01:07:30.200 --> 01:07:33.040
what I'd be doing is kind of break down the technology

1173
01:07:33.040 --> 01:07:34.880
into a flowchart, right?

1174
01:07:34.880 --> 01:07:38.280
Like if you're a programmer, if you write code,

1175
01:07:38.280 --> 01:07:39.440
you start with a flowchart.

1176
01:07:39.440 --> 01:07:42.120
So there's like step one, then step two,

1177
01:07:42.120 --> 01:07:44.400
then step three, then step four, right?

1178
01:07:44.400 --> 01:07:46.520
And so I would be searching for the elements

1179
01:07:46.520 --> 01:07:49.160
of the flowchart in a patent search,

1180
01:07:49.160 --> 01:07:50.680
not for the code itself,

1181
01:07:50.680 --> 01:07:52.040
because you're never gonna,

1182
01:07:52.040 --> 01:07:53.680
it's very rare you're gonna find somebody

1183
01:07:53.680 --> 01:07:55.240
with the code exactly.

1184
01:07:55.240 --> 01:07:57.440
It's the functionality of the code

1185
01:07:57.440 --> 01:07:58.760
that you're gonna find.

1186
01:07:58.760 --> 01:08:01.000
Somebody will use a different language,

1187
01:08:01.000 --> 01:08:02.200
like instead of using C,

1188
01:08:02.200 --> 01:08:05.440
they'll use Fortran or C plus or whatever it is.

1189
01:08:05.440 --> 01:08:08.080
So that's a long way of basically saying,

1190
01:08:08.080 --> 01:08:09.080
create a flowchart,

1191
01:08:09.080 --> 01:08:11.640
do a search for the flowchart elements.

1192
01:08:11.640 --> 01:08:13.800
And I'll actually drop for you guys,

1193
01:08:13.800 --> 01:08:16.120
because now that I know you need this, Anthony,

1194
01:08:16.720 --> 01:08:17.960
I'll drop for you guys on patent day,

1195
01:08:17.960 --> 01:08:22.319
a patent searcher that I've been using for, gosh, ages.

1196
01:08:22.319 --> 01:08:24.760
It's one of the best in the industry, so.

1197
01:08:24.760 --> 01:08:27.319
I had one last question, if that's okay.

1198
01:08:27.319 --> 01:08:28.680
Hey, we're out of time.

1199
01:08:28.680 --> 01:08:30.680
I'm sorry, I'm just kidding.

1200
01:08:30.680 --> 01:08:33.080
Go ahead, what was your question?

1201
01:08:33.080 --> 01:08:36.960
So I remember on one of the conferences,

1202
01:08:36.960 --> 01:08:38.080
I can't remember who it was.

1203
01:08:38.080 --> 01:08:40.319
I think maybe the gentleman that did the wallets,

1204
01:08:40.319 --> 01:08:42.600
or he was talking about importing from overseas.

1205
01:08:42.600 --> 01:08:45.000
Joshua Stevens.

1206
01:08:45.040 --> 01:08:47.680
And I think he was telling people all the steps to import.

1207
01:08:47.680 --> 01:08:49.000
And he says, oh, it's so easy,

1208
01:08:49.000 --> 01:08:51.120
go here and do this and do that.

1209
01:08:51.120 --> 01:08:52.720
Well, I'm in that business.

1210
01:08:52.720 --> 01:08:54.040
And I was like shaking my head

1211
01:08:54.040 --> 01:08:56.399
because there's a thing called great imports.

1212
01:08:56.399 --> 01:08:59.120
I mean, and several people thought they can bring stuff

1213
01:08:59.120 --> 01:09:02.439
like from Nike product that I made in China, for example,

1214
01:09:02.439 --> 01:09:03.920
bring it over here and sell it.

1215
01:09:03.920 --> 01:09:05.520
No, you can't.

1216
01:09:05.520 --> 01:09:10.000
You get sued or customers will just take over and burn it.

1217
01:09:10.000 --> 01:09:12.640
Yeah, there's actually, what people don't realize,

1218
01:09:12.640 --> 01:09:14.080
and this is stuff we,

1219
01:09:14.080 --> 01:09:16.920
guys, if you have the ability to go to take that package,

1220
01:09:16.920 --> 01:09:18.000
I would take the package

1221
01:09:18.000 --> 01:09:19.840
because one of the things we talk about there

1222
01:09:19.840 --> 01:09:22.160
is like import, import,

1223
01:09:22.160 --> 01:09:23.960
like how do you take the trademark

1224
01:09:23.960 --> 01:09:26.800
that you actually have register it with the state

1225
01:09:26.800 --> 01:09:29.880
so that if any of those products come across the border,

1226
01:09:29.880 --> 01:09:32.359
literally they get stopped at the docks.

1227
01:09:32.359 --> 01:09:37.200
Like the stuff that I drop in that package is insane.

1228
01:09:37.200 --> 01:09:39.040
Like there are lawyers that wanna be in

1229
01:09:39.040 --> 01:09:41.279
and I won't let in because I was like,

1230
01:09:41.279 --> 01:09:44.000
no, you guys, you have to go to school

1231
01:09:44.760 --> 01:09:45.600
and learn this stuff yourself, guys.

1232
01:09:45.600 --> 01:09:46.680
I'm not gonna train lawyers.

1233
01:09:46.680 --> 01:09:49.240
So, but the whole point is that,

1234
01:09:49.240 --> 01:09:53.080
yes, there are ways to actually use trademarks

1235
01:09:53.080 --> 01:09:57.280
and other things and register them with the government,

1236
01:09:57.280 --> 01:09:58.400
the federal government,

1237
01:09:58.400 --> 01:10:00.360
so you can't even get it in the state.

1238
01:10:00.000 --> 01:10:05.200
like it can't even come into the country, you know. Yeah, absolutely. You're exactly right,

1239
01:10:05.200 --> 01:10:10.400
Anthony. And so Joshua Stevens, though, he's brilliant. Like I've known him for a long time.

1240
01:10:11.360 --> 01:10:15.200
He knows what he's talking about. So if you have questions, I would reach out to him. He's a good

1241
01:10:15.200 --> 01:10:20.720
guy and talk in some detail. He's really brilliant. So, all right. I think that's

1242
01:10:20.720 --> 01:10:24.960
enough for day one. What do you guys think? Is that enough for day one? Like day one?

1243
01:10:24.960 --> 01:10:26.400
A lot of good stuff.

1244
01:10:26.400 --> 01:10:32.720
Jeez, that was day one. That's insane. I know, right? So, all right. So we've covered a good

1245
01:10:32.720 --> 01:10:38.160
amount, but you guys, like I said, you get the recordings. Your homework, guys, you guys are in

1246
01:10:38.160 --> 01:10:43.760
VIP. If there are people that are actually in a normal challenge that can get into VIP, they

1247
01:10:43.760 --> 01:10:49.440
should be in VIP. Because if they're applying stuff into their own businesses, they need this.

1248
01:10:49.440 --> 01:10:54.720
What you guys learned today, nobody's going to teach them. And if they join into VIP,

1249
01:10:54.720 --> 01:11:00.640
they'll get their video recordings. And it's not because I need the money. I'm doing fine. But the

1250
01:11:00.640 --> 01:11:05.840
funds that come in here actually pay for the $12,000 worth of ads that we spent to guide

1251
01:11:05.840 --> 01:11:11.840
people in. So let them know about VIP. Just go live in the Facebook group and just say, hey,

1252
01:11:11.840 --> 01:11:17.840
guys, this is like my one takeaway from VIP. You guys, you might want to look at jumping into VIP

1253
01:11:17.840 --> 01:11:23.200
just to help them out. Because, I mean, when you think about it, some lawyer ran an ad,

1254
01:11:24.000 --> 01:11:29.120
people jump in. What are your chances of going to spend the funds to actually do some of the

1255
01:11:29.120 --> 01:11:33.200
things the lawyer is saying? I think you guys can tell that I'm trying to help you guys out.

1256
01:11:34.080 --> 01:11:40.720
And I'm doing this because I've just seen too many companies crash. And it's really frustrating.

1257
01:11:40.720 --> 01:11:44.880
So I'd rather you guys learn all this stuff so you know what to ask your lawyers, so you can

1258
01:11:44.880 --> 01:11:50.480
minimize your costs, and so we can help as many people as possible. So with that, Ray, did I miss

1259
01:11:50.480 --> 01:11:55.440
anything? I don't think I missed anything, right? Not for day one, no. But guys, I promise you,

1260
01:11:55.440 --> 01:12:04.080
the week only gets better and better. Yeah. So I would say like content-wise, day one's

1261
01:12:04.080 --> 01:12:13.280
pretty big. Day three is pretty big. Tomorrow, we'll go into the second part of trademarks and

1262
01:12:13.280 --> 01:12:20.080
how to determine infringement. And we'll cover a few different topics and trademarks.

1263
01:12:20.160 --> 01:12:26.640
But Wednesday, that's a deep dive into copyrights. And copyrights can be a little complicated,

1264
01:12:26.640 --> 01:12:33.200
especially when you're looking at AI right now. Like AI has changed the game, guys. It is very

1265
01:12:33.200 --> 01:12:38.960
different. You know, people are using Midjourney, ChatGPT, and they have no clue what they're doing,

1266
01:12:39.680 --> 01:12:43.920
you know, or what's happening with the content. So I'll go into some of that on Wednesday.

1267
01:12:44.880 --> 01:12:48.720
And obviously, you feel free to invite any other people you think that'll, you know,

1268
01:12:49.520 --> 01:12:55.120
gain from being in here. Send a word out to help them out, just to get them here so we can help

1269
01:12:55.120 --> 01:13:00.400
them out. So I don't think anything else, right? That's it, right? I think that's about it. I mean,

1270
01:13:00.400 --> 01:13:06.320
if you guys can, again, like you said, it is so helpful for us to help other people as well. So

1271
01:13:06.320 --> 01:13:10.720
if you can go live or even stick with me after and just give us some of the feedback on what

1272
01:13:10.720 --> 01:13:15.120
it was like for you on day one, we get to share that with other people so that they're a little

1273
01:13:15.120 --> 01:13:18.800
less intimidated because they don't teach startups this stuff. They don't say, hey,

1274
01:13:18.800 --> 01:13:24.800
is IP part of your startup, you know, launch kit? Like it's not out there and it's not known. So a

1275
01:13:24.800 --> 01:13:30.240
lot of people are set up for failure. And that's why it's a huge part of why 90% of startups fail.

1276
01:13:31.120 --> 01:13:37.680
And like during COVID, twice as many businesses tried to apply for trademarks. So that's twice

1277
01:13:37.680 --> 01:13:41.440
as many failures. And I think it was above 90% now, if I'm not mistaken.

1278
01:13:41.440 --> 01:13:46.160
Actually, when COVID hit, there was a 70% increase in the number of startups that were created.

1279
01:13:47.280 --> 01:13:52.480
And that was either because people either lost their jobs or people realized they needed a second

1280
01:13:52.480 --> 01:13:57.600
stream of income. So they wisely started, you know, create another company. But the problem is

1281
01:13:57.600 --> 01:14:02.800
that that 90% failure rate did not go down. So that means more companies actually failed

1282
01:14:02.800 --> 01:14:08.160
last year and than ever before. And I'm like, that is not going to happen on our watch. That's

1283
01:14:08.160 --> 01:14:13.120
just baloney. We got to make sure that these companies do well. Because honestly, you guys

1284
01:14:13.120 --> 01:14:16.960
who are running the companies that are ones that are employing the world, like the start,

1285
01:14:16.960 --> 01:14:22.400
the small businesses are the ones that employ more people than anyone else. The small businesses are,

1286
01:14:22.960 --> 01:14:27.600
right. And so that's why my job is really to make sure you guys are well equipped.

1287
01:14:27.600 --> 01:14:32.000
Because if you are, go out there with your ideas, be blessed and bless other people.

1288
01:14:32.640 --> 01:14:37.840
Like I'm bonus and I did my job, I can go enjoy a weekend, you know, you guys can go and do what

1289
01:14:37.840 --> 01:14:44.640
you guys do. So alright, so that's it for me. I will catch you guys tomorrow. If you're asking

1290
01:14:44.640 --> 01:14:48.400
about when the recordings come, it typically takes what at least 24 hours, right?

1291
01:14:50.960 --> 01:14:55.520
I think the time it's scheduled, but you know, again, it's a it takes time to process and edit.

1292
01:14:55.520 --> 01:14:59.920
And sometimes we will render it flipping some stuff and stuff. So within you.

1293
01:15:00.000 --> 01:15:02.300
Usually around 24 hours, you get the recordings.

1294
01:15:02.300 --> 01:15:03.780
But no matter what, throughout the challenges,

1295
01:15:03.780 --> 01:15:06.020
we'll give you all the access to the replays

1296
01:15:06.020 --> 01:15:06.860
as soon as they're available.

1297
01:15:06.860 --> 01:15:07.780
Yeah, at the end, you get access

1298
01:15:07.780 --> 01:15:09.900
to literally every single one, all in one email.

1299
01:15:09.900 --> 01:15:11.620
So, and then obviously,

1300
01:15:11.620 --> 01:15:15.020
if you go into the Foundation's IEP package,

1301
01:15:15.020 --> 01:15:17.220
you actually get a private link,

1302
01:15:17.220 --> 01:15:19.080
your own username and password,

1303
01:15:19.080 --> 01:15:21.980
to go into a backend system

1304
01:15:21.980 --> 01:15:25.740
that has every single video lined up, named, dated,

1305
01:15:25.740 --> 01:15:27.020
and you just click what you want.

1306
01:15:27.020 --> 01:15:27.860
You can write notes,

1307
01:15:27.860 --> 01:15:28.940
you can do all sorts of stuff in there.

1308
01:15:28.940 --> 01:15:29.780
It's really cool.

1309
01:15:29.780 --> 01:15:31.940
And you get access for a year.

1310
01:15:31.940 --> 01:15:32.780
Oh, that's right.

1311
01:15:32.780 --> 01:15:34.020
It's for a full year.

1312
01:15:34.020 --> 01:15:34.860
Yeah.

1313
01:15:34.860 --> 01:15:36.940
You can always review the information as you develop

1314
01:15:36.940 --> 01:15:38.180
and as you start applying things

1315
01:15:38.180 --> 01:15:40.780
and your business grows, you get more access.

1316
01:15:40.780 --> 01:15:42.220
Plus, you get to meet with us, too.

1317
01:15:42.220 --> 01:15:44.020
We keep going and growing.

1318
01:15:44.020 --> 01:15:45.100
I think that's enough for today.

1319
01:15:45.100 --> 01:15:45.940
We gotta stop.

1320
01:15:45.940 --> 01:15:47.060
I'll keep going, though.

1321
01:15:47.060 --> 01:15:49.820
All right, you guys have a blessed evening.

1322
01:15:49.820 --> 01:15:51.340
I will catch you guys tomorrow.

1323
01:15:51.340 --> 01:15:52.180
Take care.