WEBVTT

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For me, the biggest thing, I guess, yesterday, or one of the most valuable things was really

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like, okay, search the trademark if it's already there.

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And then look for your website, get your website and then do your application.

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So that was the biggest thing.

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And then I actually jumped into VIP like five minutes before VIP and, yeah, that was a whole

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nother level.

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It was amazing.

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Just, you know, the questions, like, I love answers that are just down to the point.

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And I, you know, it really helped me a lot to even understand because it's all, like,

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it's a whole new world for me.

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So yeah, it was definitely super valuable.

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Wonderful.

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Awesome.

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So glad that you could get the chance to go live when it didn't work for you earlier today.

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Awesome, Cher.

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Saw a lot of people getting those same ahas.

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So raise your hand if you would love to share just like you're just so jazzed about what you

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learned yesterday, something that you're going to immediately, you probably already started

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sharing.

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Raise your virtual hand because I don't see everybody right now.

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I'm not in gallery mode.

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But go down to the bottom.

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It says reactions.

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If you don't know how to do that and raise that virtual hand like I just did, it's over

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on this side of my eyes yellow because I just do yellow because I like it to be seen.

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I don't.

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You can change your colors of your hand.

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Who else could we love to hear from you?

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Love to have another share from yesterday.

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You got some big wows.

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In the meantime, thank you, everybody, for what you posted.

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We were watching those last night and they were so great.

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Everything you guys said, it was really awesome to see all of the different things that you

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guys were taking away and how it already has an impact on you.

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So we were so happy to see that it's already made such an effect on you guys.

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Thanks for posting.

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Super true.

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Tani.

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Tani, Tani, Tani.

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Highlight it.

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Hold on.

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Give me a second.

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Adding the spotlight.

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Talk to us, sister.

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VIP was amazing because Peter answered some questions that I had.

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So that was great to have a hot seat with him.

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And the intent to use application is pretty, that's pretty awesome that you don't have to have your idea,

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like you don't have to use it right away.

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But if you need it, you get to follow the application for it and use it within like six months or so.

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I like that.

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Good stuff.

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And with extensions.

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Yes.

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You can get up to three.

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Yep.

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Yep.

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Three years.

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Yep, three years.

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You got it, girl.

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Thanks for sharing.

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Love to have you here.

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You bring such a great joy.

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Highlight you, Miss Linda.

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Love to hear from you.

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Go ahead, unmute yourself.

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And what was most valuable to you from yesterday?

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Well, I think the most valuable was the thing about don't go searching for domain names before you've done a trademark search.

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Because I think it's been kind of taught, you know, to go quick to domain names and get your domain set up.

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So it was kind of unlearning and relearning.

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So but it was very, very helpful.

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So those are the things I'm looking for is to do's and not to do's even more so.

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And Peter's just terrific.

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I just I just love him.

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He's such a he makes these things can be very technical, very difficult and dry.

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But he makes it so interesting and just fun.

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And I'm looking forward to more.

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I was wondering if you could put in that wonderful sheet that Peter has.

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And if you put in the chat again, I was trying to think I downloaded, but I can't find it real quick because I was going to print it out so I can go, you know, while he's talking, then I could look at it.

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But if you could put it in the chat again, then I can, you know, go back and forth and look at it as he's talking.

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Yeah, we can sure make that happen.

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Okay, great.

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Well, I'm not the best at the computer.

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So I thought, I know I downloaded it, but I can't find it where it is on my computer.

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And I had the printer on it.

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I was going to print it out.

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And it's like, I'll have to do it later.

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I'll have to hunt and peck.

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So good.

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Well, yeah, we'll get that for you.

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Thank you for sharing, Linda.

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All right, Linda, it's there in the chat for you.

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Oh, terrific.

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Thank you.

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You're welcome.

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It's probably in your download folder in your pictures.

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on your computer, but it's also in the Facebook group.

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I posted a link there too.

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So if you end up feeling like you need to find it again,

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you can go into our Facebook group.

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Oh, great.

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Oh, great.

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That's terrific.

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I appreciate that information.

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First of all, Linda, thank you so much.

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Those are such kind words.

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I'm gonna replay them over and over

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so I could feel good all day.

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Oh.

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Well, they're real words, authentic words.

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Thank you so much.

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No, this is, I mean, first of all,

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I'm in a different environment right now.

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I'm actually in my law firm right now.

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We had a number of meetings earlier today.

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And so I thought, you know what?

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Let me break in the law firm this way.

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We haven't actually done a challenge from the law firm.

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It actually goes all the way down that way and that way,

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but just wanted to do it from here,

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kind of Chris in the law firm, so to speak.

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So, but separate from that,

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I just wanna congratulate all you guys.

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Like I'm amazed at how hungry you are

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and how you're digging in

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because there is a decent amount of content.

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But what I did before we even started

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was I went through all of your videos.

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I went through your emails and I figured out

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what are the main topics

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that are really gonna help people.

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And a number of the things

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that we talked about yesterday,

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specifically were on the issues that you raised.

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I'm gonna be jumping into a number of things today

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and I'm gonna elaborate upon what we spoke about yesterday

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and then go a little deeper,

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but we're not gonna go as deep as yesterday

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because day one is usually a shocker to people.

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People go, oh my gosh, I didn't even know

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what common law was.

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Like I didn't even know that you could file on the logo

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separate from the word mark, separate from the slogan.

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Like now, which one do I file for?

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Like what if I don't have enough money

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to file for every single one of them?

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And so I thought I'm gonna break that down

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a little bit today,

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but I just wanna congratulate all of you

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because I mean, you are so impressing me

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in how dedicated you are to learning this

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and I can see how you're gonna apply it into your business.

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So one thing I want you to think about as you're learning

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is I want you to think to yourself,

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how exactly does this apply to my scenarios?

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Okay, so we're gonna be digging

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into a lot of different things,

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but as we do, just kind of ask yourself,

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okay, how does this apply in my business?

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How does this apply in my business?

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How can I train other people on this thing?

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Whatever the situation is, figure out how to apply it.

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The reason why is because then you can ask me questions

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before you disappear, right?

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Cause you've got access to me today

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and then three more days, right?

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But make sure you're here on day four

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because I've got a special guest

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who's gonna be here on day four.

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Separate from that, some people actually,

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Larissa, I don't even think you know

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who the special guest is.

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And then separate from that,

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something is going to be mentioned to you

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so that if you're feeling like,

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I don't know how to handle these things

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or there's a lot of things to think about,

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we're gonna take care of that.

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So don't worry, you've got video copies,

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you've got something that's gonna be great

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coming to you on day four.

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So I've got you covered.

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Don't worry, I've got you covered.

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I know there's a lot of stuff

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and I have no doubt that you're gonna pick up on it, okay?

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All right, with that being said,

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let me take one more share.

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I'm gonna take one from Alicia.

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Why don't you share what kind of appealed to you,

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what jumped out at you?

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Why don't you go ahead and unmute and go ahead and share.

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Hi, Peter.

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Yes, I wanted to mention about learning the lingo

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so that I don't get charged more than I need to be charged.

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And, or get more, I don't know,

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it's just get more than I need.

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That's what I wrote down.

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So I have to go back and figure that out.

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But someone sent me something today

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and was talking about how the artists at Motown

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back in the day, they didn't know about contracts and stuff.

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So many of them got taken advantage of

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and some of them were like given an allowance

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of 10 to $20 a week.

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Oh, yes.

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Yeah, it was really, really bad.

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And I was like, oh, I gotta learn the lingo.

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Yeah, I mean, if you look at TLC

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and some of the other bands like back in the day,

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people that were number one,

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literally number one on the charts,

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year after year after year were coming home

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after millions and millions and millions were sold,

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they were bringing home like $50,000.

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How is that even possible?

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It's because they didn't understand how licensing works,

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how copyrights work.

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How do you make sure that you own or write title

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and interest to certain things

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as opposed to other parties?

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These are really important issues to understand.

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So we're gonna.

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dig into that on copyright day,

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we're gonna dig into that.

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Yeah, cause I like Jackson five,

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they didn't even own their name.

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Oh, that's one of the worst.

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That's one of the worst ones out there.

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So there's a lot,

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you're gonna learn a lot about different scenarios.

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I'm gonna show you guys something

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because someone raised something to me

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and I wanna make sure that you have the opportunity

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to understand something that's a little,

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a little, it's not confusing,

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but I think I thought a graphic would help.

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So our friend Ray put together a little graphic here.

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I wanna show you something here.

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All right.

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Look at Ray, isn't he amazing?

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Can you guys see this on the screen yet?

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The Nike stuff?

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Great.

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Yeah, we can see it.

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All right, beautiful.

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Okay, so, oh, hold on.

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Oh, goodness.

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It just locked up.

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Yeah, can you guys hear me too?

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Yeah, just fine.

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I can also see my misalignments.

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No, I'm just kidding.

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Oh, we lost.

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Oh, did we lose Peter?

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No, he's here.

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He just went off camera.

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I feel like we just lost his camera.

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Maybe so.

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Okay.

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All right, can you see me and hear me?

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Yes.

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That's really interesting.

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This is why I always pray before I start.

263
00:11:39.100 --> 00:11:40.500
Okay.

264
00:11:40.500 --> 00:11:42.020
All right.

265
00:11:42.020 --> 00:11:45.020
Right here, you've got multiple trademarks.

266
00:11:45.020 --> 00:11:46.340
Somebody type in the chat,

267
00:11:46.340 --> 00:11:48.380
how many trademarks do you see here?

268
00:11:50.420 --> 00:11:51.660
Just type what you believe.

269
00:11:51.660 --> 00:11:53.220
How many trademarks do you see?

270
00:11:54.220 --> 00:11:56.260
Let's see what you guys have come up with.

271
00:12:01.860 --> 00:12:03.900
Seven, eight.

272
00:12:03.900 --> 00:12:04.740
Okay.

273
00:12:04.740 --> 00:12:05.660
I see a lot of them.

274
00:12:05.660 --> 00:12:07.900
Three, four.

275
00:12:07.900 --> 00:12:08.900
All right, we see a lot.

276
00:12:08.900 --> 00:12:12.180
Okay, so let me break this down for you.

277
00:12:12.180 --> 00:12:13.580
The reason why I'm showing you this

278
00:12:13.580 --> 00:12:16.540
is because there are multiple trademarks here.

279
00:12:16.540 --> 00:12:20.020
And typically you'll see Nike, you'll see the Swoosh,

280
00:12:20.020 --> 00:12:21.540
and then you'll see Just Do It.

281
00:12:21.580 --> 00:12:24.580
And then you'll see Just Do It right next to it, right?

282
00:12:24.580 --> 00:12:25.900
Remember how yesterday I told you

283
00:12:25.900 --> 00:12:29.060
there are three different trademarks in doing that?

284
00:12:29.060 --> 00:12:29.940
Okay.

285
00:12:29.940 --> 00:12:32.700
I wanted you to be able to see it here.

286
00:12:32.700 --> 00:12:37.700
So even though Nike will typically

287
00:12:38.420 --> 00:12:41.660
show you Nike inside of the Swoosh,

288
00:12:41.660 --> 00:12:44.500
and even underneath it, they'll say Just Do It,

289
00:12:44.500 --> 00:12:48.860
that's technically three different trademarks.

290
00:12:48.860 --> 00:12:50.340
This is important to understand

291
00:12:50.340 --> 00:12:54.980
because if you wanna stop people from taking your Swoosh,

292
00:12:54.980 --> 00:12:57.580
you better own the Swoosh alone.

293
00:12:57.580 --> 00:13:01.780
If your Swoosh is part of a bigger trademark filing

294
00:13:01.780 --> 00:13:03.780
that has like five different things in it,

295
00:13:03.780 --> 00:13:08.420
like Nike, Swoosh, Just Do It, and all this other stuff,

296
00:13:08.420 --> 00:13:10.260
then it's gonna be more difficult

297
00:13:10.260 --> 00:13:12.580
for you to enforce just the Swoosh alone.

298
00:13:12.580 --> 00:13:15.620
So if you file just the Swoosh alone,

299
00:13:15.620 --> 00:13:19.180
it's gonna be way more beneficial if you use it alone.

300
00:13:19.180 --> 00:13:21.140
So what I would do is I would file

301
00:13:21.140 --> 00:13:26.140
for registration number 1284385, which is the Swoosh.

302
00:13:26.780 --> 00:13:28.860
I would file for that alone.

303
00:13:28.860 --> 00:13:31.340
Separately, I would file for Nike alone,

304
00:13:31.340 --> 00:13:35.420
which is registration number 1277066.

305
00:13:35.420 --> 00:13:36.580
And then separate from that,

306
00:13:36.580 --> 00:13:39.260
I would file for Just Do It, right?

307
00:13:39.260 --> 00:13:42.460
Now you may use Nike with the Swoosh,

308
00:13:42.460 --> 00:13:44.620
or you might use the Swoosh with Just Do It,

309
00:13:44.620 --> 00:13:46.740
or you might use Nike Just Do It.

310
00:13:46.740 --> 00:13:49.220
Whatever the case is, own your Swoosh.

311
00:13:50.180 --> 00:13:51.020
That's good.

312
00:13:51.020 --> 00:13:51.860
I like that, Joe.

313
00:13:51.860 --> 00:13:53.100
Own your Swoosh.

314
00:13:53.100 --> 00:13:53.940
We gotta use that.

315
00:13:53.940 --> 00:13:54.780
That's actually pretty good.

316
00:13:54.780 --> 00:13:55.860
Thanks, Joe.

317
00:13:55.860 --> 00:13:59.220
So you wanna realize that in your scenario,

318
00:13:59.220 --> 00:14:01.660
you may have multiple trademarks

319
00:14:01.660 --> 00:14:04.820
that are being used in your own logo.

320
00:14:04.820 --> 00:14:06.220
That might be a problem.

321
00:14:06.220 --> 00:14:10.020
So try to figure out what part is really important.

322
00:14:10.020 --> 00:14:12.140
And if you're using that part alone,

323
00:14:12.140 --> 00:14:15.060
like you're using Nike alone, file for Nike alone.

324
00:14:16.060 --> 00:14:19.660
And then you can have the Nike in there

325
00:14:19.660 --> 00:14:21.580
with the Circle R next to it,

326
00:14:21.580 --> 00:14:23.140
and then you can have the Swoosh.

327
00:14:23.140 --> 00:14:24.780
And if you get the Swoosh registered,

328
00:14:24.780 --> 00:14:27.540
put the Circle R next to that one too, okay?

329
00:14:27.540 --> 00:14:30.340
One of the things we talked about yesterday in VIP

330
00:14:30.340 --> 00:14:34.060
was when do you use the TM and when do you use the Circle R?

331
00:14:34.060 --> 00:14:36.180
This is really important to understand.

332
00:14:37.860 --> 00:14:41.580
If you use a Circle R before you get a federal registration,

333
00:14:41.580 --> 00:14:43.540
you can be sued for that.

334
00:14:43.660 --> 00:14:46.220
It's called tortious interference with business practice,

335
00:14:46.220 --> 00:14:48.940
unfair business practice, okay?

336
00:14:48.940 --> 00:14:51.060
It's illegal.

337
00:14:51.060 --> 00:14:52.420
The reason why it's illegal

338
00:14:52.420 --> 00:14:55.180
is because you're telling everybody out there,

339
00:14:55.180 --> 00:14:58.220
you cannot use this trademark

340
00:14:58.220 --> 00:15:00.140
because I have a federal registration.

341
00:15:00.000 --> 00:15:01.920
for it when you actually don't have

342
00:15:01.920 --> 00:15:03.420
a federal registration for it.

343
00:15:04.560 --> 00:15:06.480
And so other people will stop using it

344
00:15:06.480 --> 00:15:09.080
just because you scared them, but you actually,

345
00:15:09.080 --> 00:15:12.880
it's kind of like impersonating a police officer.

346
00:15:12.880 --> 00:15:14.440
Nobody would do that.

347
00:15:14.440 --> 00:15:18.240
So don't impersonate a federal trademark owner

348
00:15:18.240 --> 00:15:21.000
because you don't actually own it, okay?

349
00:15:21.000 --> 00:15:22.720
So I just want to share that with you,

350
00:15:22.720 --> 00:15:24.720
really important to understand.

351
00:15:24.720 --> 00:15:29.720
Another thing, what if somebody owns $90,000

352
00:15:30.000 --> 00:15:35.000
Nike and you have like Nike Blizzards,

353
00:15:37.640 --> 00:15:38.900
like something like that.

354
00:15:40.360 --> 00:15:41.980
Type in the chat whether you believe

355
00:15:41.980 --> 00:15:44.400
you can file a trademark application

356
00:15:44.400 --> 00:15:47.800
for Nike Blizzards when somebody owns Nike.

357
00:15:47.800 --> 00:15:49.680
Just type yes or no in the chat.

358
00:15:56.580 --> 00:15:58.280
No, yes.

359
00:15:59.120 --> 00:16:00.300
I don't see any maybes.

360
00:16:00.300 --> 00:16:01.880
Let's just see nos and yeses right now.

361
00:16:01.880 --> 00:16:03.960
Nos, nos, okay.

362
00:16:03.960 --> 00:16:05.520
All right, maybe, there's a maybe.

363
00:16:05.520 --> 00:16:08.280
Keith, it would be you, Keith.

364
00:16:08.280 --> 00:16:09.880
That's good.

365
00:16:09.880 --> 00:16:11.160
Could be by Alicia.

366
00:16:11.160 --> 00:16:14.160
All right, so here's the situation.

367
00:16:14.160 --> 00:16:16.960
If somebody has a federal registration,

368
00:16:16.960 --> 00:16:19.680
all right, Jackie, you must be a lawyer

369
00:16:19.680 --> 00:16:22.120
because that's a lawyer's answer, depends.

370
00:16:22.120 --> 00:16:24.720
That's how every lawyer answers everything, depends.

371
00:16:26.120 --> 00:16:28.160
So here's the situation.

372
00:16:29.000 --> 00:16:30.600
If the trademark is there,

373
00:16:31.680 --> 00:16:35.440
adding a word to a trademark does not make it

374
00:16:35.440 --> 00:16:38.320
so that you don't commit trademark infringement.

375
00:16:38.320 --> 00:16:39.640
What do I mean by that?

376
00:16:42.600 --> 00:16:44.840
If somebody owns Microsoft, which clearly they do,

377
00:16:44.840 --> 00:16:47.120
and you come out with a software program

378
00:16:47.120 --> 00:16:52.120
called Microsoft Local, something like that,

379
00:16:53.680 --> 00:16:55.780
you're still gonna get sued by Microsoft.

380
00:16:56.620 --> 00:16:58.780
The reason why you're gonna get sued by Microsoft

381
00:16:58.780 --> 00:17:01.020
is because you're using their name for software

382
00:17:01.020 --> 00:17:05.060
and Microsoft owns the name Microsoft for software.

383
00:17:05.060 --> 00:17:09.060
So you can't just add a word to something

384
00:17:09.060 --> 00:17:11.220
that somebody else has and believe

385
00:17:11.220 --> 00:17:14.380
that you can get ownership to that name.

386
00:17:14.380 --> 00:17:15.740
You can't do that.

387
00:17:15.740 --> 00:17:18.099
I can't tell you how many times I've seen this.

388
00:17:18.099 --> 00:17:20.900
People get cease and desist letters or they get sued

389
00:17:20.900 --> 00:17:23.260
because they added one word or two words

390
00:17:23.260 --> 00:17:25.619
and they say, well, it's not the same.

391
00:17:26.460 --> 00:17:28.620
Just adding something to something that's an infringement

392
00:17:28.620 --> 00:17:31.140
does not mean that it no longer infringes.

393
00:17:32.100 --> 00:17:34.300
But what about the opposite?

394
00:17:34.300 --> 00:17:36.860
What about removing a word?

395
00:17:36.860 --> 00:17:39.220
That's the more difficult question.

396
00:17:39.220 --> 00:17:44.220
So somebody owns like Microsoft Office or Microsoft Excel

397
00:17:44.940 --> 00:17:47.940
and you decide to say, well, I'm just gonna take Microsoft

398
00:17:47.940 --> 00:17:49.100
and use that.

399
00:17:49.100 --> 00:17:51.620
Well, obviously Microsoft is a famous trademark

400
00:17:51.620 --> 00:17:54.380
so you're not gonna do well if you try to do that.

401
00:17:54.380 --> 00:17:56.340
I would suggest you don't do that.

402
00:17:56.340 --> 00:17:57.700
You'll get sued.

403
00:17:57.700 --> 00:18:01.460
But in certain cases, one of the words

404
00:18:01.460 --> 00:18:05.300
in the longer trademark is something

405
00:18:05.300 --> 00:18:06.780
that's called descriptive.

406
00:18:06.780 --> 00:18:08.140
I'm gonna take a moment to talk to you

407
00:18:08.140 --> 00:18:09.860
about what descriptiveness is.

408
00:18:09.860 --> 00:18:12.300
We're gonna do a live trademark search today

409
00:18:12.300 --> 00:18:13.300
together as well.

410
00:18:13.300 --> 00:18:15.820
I'm gonna show you how to use the USPTO website.

411
00:18:15.820 --> 00:18:18.620
So we'll go through that today in some detail.

412
00:18:18.620 --> 00:18:21.740
But I wanna make sure you understand this concept

413
00:18:21.740 --> 00:18:23.340
of descriptiveness, okay?

414
00:18:24.940 --> 00:18:29.940
If you have a company and what you do is you sell T-shirts

415
00:18:30.140 --> 00:18:33.860
and you call it the T-shirt selling company,

416
00:18:34.860 --> 00:18:36.780
you can't get a registration for that

417
00:18:36.780 --> 00:18:39.980
because it's merely descriptive.

418
00:18:39.980 --> 00:18:43.940
You cannot own a name or a slogan

419
00:18:43.940 --> 00:18:46.620
for something that's descriptive of what you're doing

420
00:18:46.620 --> 00:18:47.980
or what you're selling.

421
00:18:47.980 --> 00:18:49.820
Descriptiveness is not allowed.

422
00:18:49.820 --> 00:18:53.900
You will get rejected all of the time, all right?

423
00:18:53.900 --> 00:18:57.180
If you have brown cars that you're selling,

424
00:18:57.180 --> 00:19:01.180
you cannot open the brown car auto sale company.

425
00:19:04.220 --> 00:19:07.820
You can't do that because it's brown cars.

426
00:19:07.820 --> 00:19:12.300
Like it's, you can't own something that's descriptive.

427
00:19:12.300 --> 00:19:16.020
And the reason why you can't own it specifically

428
00:19:16.020 --> 00:19:18.900
is because then nobody else could use those words

429
00:19:18.900 --> 00:19:23.300
to describe exactly what it is, right?

430
00:19:23.300 --> 00:19:24.980
So if you're selling gooey cookies,

431
00:19:24.980 --> 00:19:27.540
you can't say the gooey cookie company

432
00:19:27.540 --> 00:19:29.620
because it's gooey cookies.

433
00:19:29.620 --> 00:19:31.740
It's descriptive of what you're selling.

434
00:19:32.620 --> 00:19:34.700
If it's descriptive of what you're selling

435
00:19:34.700 --> 00:19:38.540
or the service that you're providing, you can't own it.

436
00:19:38.540 --> 00:19:41.020
So as an example, there's a place in New Hampshire

437
00:19:41.020 --> 00:19:45.140
called Apple Orchard Farm, right?

438
00:19:45.140 --> 00:19:46.460
Now guess what they sell.

439
00:19:46.460 --> 00:19:48.300
Somebody just guess.

440
00:19:48.300 --> 00:19:50.140
I know this is really hard for you.

441
00:19:50.140 --> 00:19:51.700
It's probably difficult.

442
00:19:51.700 --> 00:19:53.700
But somebody guess.

443
00:19:53.700 --> 00:19:55.260
I didn't even finish the question.

444
00:19:55.260 --> 00:19:56.100
Yeah, that's it.

445
00:19:56.100 --> 00:19:56.940
Exactly.

446
00:19:56.940 --> 00:19:57.780
They sell apples.

447
00:19:59.180 --> 00:20:00.020
Plums, yes.

448
00:20:00.000 --> 00:20:06.800
They sell plums, that's it. No, they sell apples. So the reason why they can't own the name

449
00:20:06.800 --> 00:20:10.800
Apple Orchard Biscuits, this is getting out of hand, this is just getting out of hand.

450
00:20:11.840 --> 00:20:18.240
The reason why they can't own Apple Orchard Farm is because it's an apple orchard farm.

451
00:20:19.360 --> 00:20:27.120
So this company gets mad when another apple orchard opens and guess what they name themselves,

452
00:20:27.120 --> 00:20:35.520
Apple Orchard Farm. So the old apple orchard farm from like 37 years of existing is mad that this

453
00:20:35.520 --> 00:20:40.400
new apple orchard farm opens up and says, that's not right, they shouldn't be able to use that.

454
00:20:40.400 --> 00:20:46.240
So they write a letter to them and they say, hey, you can't do that. This other company writes back

455
00:20:46.240 --> 00:20:51.520
and says, what are you talking about? We sell apples and it's an apple orchard and there's a

456
00:20:51.520 --> 00:21:00.080
farm. So we're called the Apple Orchard Farm and one company could not stop the other because

457
00:21:00.080 --> 00:21:07.520
the name was merely descriptive. Now, why is a trademark important? The reason why a

458
00:21:07.520 --> 00:21:13.360
trademark is important is because it identifies a source of goods. It lets you know something about

459
00:21:13.360 --> 00:21:17.520
the party that's providing the goods, the quality, the cost. We talked about this a little bit

460
00:21:17.520 --> 00:21:23.280
yesterday. So you want to make sure that you're the only one using that name or using that logo

461
00:21:23.280 --> 00:21:29.280
because if other people are using it, then what will happen is the kids say, hey, let's go to

462
00:21:29.280 --> 00:21:36.240
Apple Orchard Farm. Somebody types on Google Apple Orchard Farm. It loads up the new company

463
00:21:36.880 --> 00:21:41.200
and then the family takes a road trip to Apple Orchard Farm new company instead of the old

464
00:21:41.280 --> 00:21:47.760
company. So what happens? The old company is losing money. Do you see how that works? This is

465
00:21:47.760 --> 00:21:53.200
why your name is so important. You need to make sure that you have a unique name. You have a

466
00:21:53.200 --> 00:21:58.960
unique logo because if you don't, other people will use that same name and they will go and

467
00:21:58.960 --> 00:22:03.680
they'll go ahead and take your own business. They'll take the market share and then it becomes

468
00:22:03.680 --> 00:22:09.760
more difficult for you to maintain your client base. OK. And as we discussed yesterday, if you

469
00:22:09.760 --> 00:22:18.320
have a logo created, make sure whoever you hire for the logo assigns all right title and interest

470
00:22:18.320 --> 00:22:25.120
to you. All right. Get it in writing before you pay them, because I guarantee you after you pay

471
00:22:25.120 --> 00:22:30.560
them, they will not give it to you unless you pay extra money. And I don't want any of you running

472
00:22:30.560 --> 00:22:40.720
into that situation. OK. All right. But isn't swoosh descriptive? No. So swoosh. All right.

473
00:22:40.720 --> 00:22:45.920
Let's let's dig into Jill. So Jill is an alumni and she actually asked great questions. So I love

474
00:22:45.920 --> 00:22:54.080
when she shows up. OK. So a swoosh on sneakers. The swoosh is not descriptive of the sneakers.

475
00:22:54.720 --> 00:23:00.720
Right now, the name swoosh may be descriptive of the thing that's called a swoosh.

476
00:23:01.520 --> 00:23:08.480
But what you're looking at is the goods or services that have that swoosh on it.

477
00:23:09.760 --> 00:23:17.120
The swoosh is on sneakers. So since the swoosh is on sneakers, you don't look at sneakers and go,

478
00:23:17.120 --> 00:23:21.840
oh, man, that's a swoosh sneaker like nobody would even know what that means. So it's not

479
00:23:21.840 --> 00:23:27.520
descriptive of the goods. OK. All the book title. All right. Jill, I'm going to ignore you for a

480
00:23:27.520 --> 00:23:35.440
moment, OK? She's going to torture me. All right. So let me dig into something even deeper here.

481
00:23:36.400 --> 00:23:40.560
How do you determine whether there is trademark infringement?

482
00:23:41.840 --> 00:23:45.600
OK. I actually like this big setup because I can see all of you here. I can see all of

483
00:23:45.600 --> 00:23:50.640
your comments there. I can see all the graphics there. I just want to bring the camera down.

484
00:23:50.640 --> 00:23:55.360
I'm going to bring it down here more so I'll be able to see you guys at a more level way. So.

485
00:23:56.560 --> 00:24:01.280
All right. So. How do you determine whether or not there's trademark infringement?

486
00:24:01.920 --> 00:24:08.800
I want to break this one down in some detail and go slow. I'm going to drop a graphic for all of

487
00:24:08.800 --> 00:24:18.320
you tonight. All right. The graphic is going to show you every every single step of the likelihood

488
00:24:18.320 --> 00:24:24.000
of confusion test. OK, I'm going to break. I'm going to send it to all of you. So everybody has

489
00:24:24.000 --> 00:24:30.000
a copy of this. I just I just think it's going to be easier for you if I just drop it for you.

490
00:24:31.040 --> 00:24:37.360
So I will be sending that to you. But let me go through all of the ingredients for the likelihood

491
00:24:37.360 --> 00:24:43.920
of confusion test. And Ray, in the meantime, can you do me a favor? Can you drop the link?

492
00:24:44.880 --> 00:24:52.160
It's on that list. Drop the link for the document for likelihood of confusion. All the steps. OK,

493
00:24:52.160 --> 00:24:55.760
yeah, I don't think I think that's the one thing I don't have from you, but I'll make a note.

494
00:24:56.480 --> 00:24:59.840
It's if you don't have it, I'll give it to you. I just want everybody to have a copy.

495
00:25:00.000 --> 00:25:02.840
copy of it, because it's a lot easier.

496
00:25:02.840 --> 00:25:03.800
I think I've got it.

497
00:25:03.800 --> 00:25:04.960
I'll dig it up.

498
00:25:04.960 --> 00:25:05.680
Yeah, thanks.

499
00:25:05.680 --> 00:25:06.340
I appreciate it.

500
00:25:06.340 --> 00:25:08.000
Together, we make it work.

501
00:25:08.000 --> 00:25:10.400
One year later, I think we got it all.

502
00:25:10.400 --> 00:25:11.640
I have a copy of it as well.

503
00:25:11.640 --> 00:25:14.040
I'd rather just everybody see it.

504
00:25:14.040 --> 00:25:15.440
Matter of fact, I already found it.

505
00:25:15.440 --> 00:25:18.480
I'm pretty fast at that.

506
00:25:18.480 --> 00:25:19.960
Right click, copy, paste.

507
00:25:19.960 --> 00:25:22.240
There you go.

508
00:25:22.240 --> 00:25:24.480
All right, so everybody has a copy of it.

509
00:25:24.480 --> 00:25:27.160
All right, what I'm going to be sharing with you right now

510
00:25:27.400 --> 00:25:32.280
these are all the steps associated with.

511
00:25:32.280 --> 00:25:35.280
This should be the link here.

512
00:25:35.280 --> 00:25:37.400
Hopefully, you guys can use that.

513
00:25:41.160 --> 00:25:42.160
Yeah, OK.

514
00:25:42.160 --> 00:25:44.360
All right, I'm going to share my screen so you can see it all

515
00:25:44.360 --> 00:25:45.680
with me, OK?

516
00:25:45.680 --> 00:25:47.520
So what I'm showing you right now

517
00:25:47.520 --> 00:25:49.360
is this is how you determine whether or not

518
00:25:49.360 --> 00:25:53.040
you can use a certain trademark.

519
00:25:53.040 --> 00:25:54.800
OK?

520
00:25:54.800 --> 00:25:57.400
This is exactly what you would look at.

521
00:25:57.400 --> 00:25:58.720
So let me just open the slide.

522
00:26:04.840 --> 00:26:07.040
Don't you freeze on me.

523
00:26:07.040 --> 00:26:09.920
Yep, it froze again.

524
00:26:09.920 --> 00:26:10.680
It's so funny.

525
00:26:10.680 --> 00:26:12.160
We have never had these issues.

526
00:26:12.160 --> 00:26:14.920
Now, all of a sudden, things are freezing.

527
00:26:14.920 --> 00:26:17.400
I see it.

528
00:26:17.400 --> 00:26:18.880
All right, can you see it now, guys?

529
00:26:18.880 --> 00:26:19.360
Yes.

530
00:26:23.040 --> 00:26:23.920
Give us a thumbs up.

531
00:26:29.920 --> 00:26:31.000
And we lost Peter.

532
00:26:36.440 --> 00:26:38.440
It's really interesting that we've had.

533
00:26:38.440 --> 00:26:40.840
That's twice now we've had an issue.

534
00:26:40.840 --> 00:26:44.320
Can you guys see the screen OK?

535
00:26:44.320 --> 00:26:45.800
Yes, we see it again.

536
00:26:45.800 --> 00:26:46.680
OK, great.

537
00:26:46.680 --> 00:26:48.480
All right, good.

538
00:26:48.880 --> 00:26:54.280
These are all of the parts that are included

539
00:26:54.280 --> 00:26:58.800
in a likelihood of confusion test.

540
00:26:58.800 --> 00:27:00.800
So let me go into them in detail.

541
00:27:05.200 --> 00:27:08.520
All right, the first one.

542
00:27:08.520 --> 00:27:12.160
Imagine the trademark is, let's say, Nike, right?

543
00:27:12.160 --> 00:27:18.200
Let's say N-I-K-E. And somebody else has N-I-K-Y.

544
00:27:18.240 --> 00:27:20.640
And they want to determine whether or not

545
00:27:20.640 --> 00:27:23.040
they can use that trademark, all right?

546
00:27:23.040 --> 00:27:27.640
So N-I-K-E, N-I-K-Y, those are the two different trademarks.

547
00:27:27.640 --> 00:27:29.800
They're both being used for sneakers.

548
00:27:29.800 --> 00:27:31.360
These are the things that you're going

549
00:27:31.360 --> 00:27:34.080
to look at to determine whether or not there's infringement.

550
00:27:34.080 --> 00:27:38.960
The first part right here is similarity or dissimilarity

551
00:27:38.960 --> 00:27:39.880
of the marks.

552
00:27:39.880 --> 00:27:43.240
Now, what I mean by that is, how does it look?

553
00:27:43.240 --> 00:27:47.920
N-I-K-E versus N-I-K-Y. That's the first test.

554
00:27:47.960 --> 00:27:49.320
Do they look similar?

555
00:27:49.320 --> 00:27:50.520
Yeah, they look kind of similar.

556
00:27:50.520 --> 00:27:53.480
I mean, the only difference is literally one letter.

557
00:27:53.480 --> 00:27:57.080
So since they kind of look similar, that weighs against you.

558
00:27:57.080 --> 00:27:59.640
The next part, how does it sound?

559
00:27:59.640 --> 00:28:02.760
Nike, Nike, sounds the same.

560
00:28:02.760 --> 00:28:05.200
So that's a second thing that's weighing against you.

561
00:28:05.200 --> 00:28:07.560
Nike, Nike, all right?

562
00:28:07.560 --> 00:28:10.080
A third thing is called commercial impression.

563
00:28:11.160 --> 00:28:13.360
What commercial impression means is,

564
00:28:13.360 --> 00:28:15.760
like, how does the word make you feel?

565
00:28:15.760 --> 00:28:20.680
So as an example, if I said ripper, right?

566
00:28:20.680 --> 00:28:22.280
That has a certain feeling to it.

567
00:28:22.280 --> 00:28:26.040
Ripper versus, let's say, angelic, right?

568
00:28:26.040 --> 00:28:27.920
That has a certain feel to it.

569
00:28:27.920 --> 00:28:30.760
So what's the general commercial impression

570
00:28:30.760 --> 00:28:33.720
when you hear the word Nike, right?

571
00:28:33.720 --> 00:28:35.920
So you kind of look at the two.

572
00:28:37.280 --> 00:28:39.280
Mute, Morgan, please.

573
00:28:39.280 --> 00:28:43.560
All right, so now you've got appearance, the look of it,

574
00:28:43.560 --> 00:28:46.200
you've got the sound, and you've got the general feeling.

575
00:28:46.200 --> 00:28:48.960
Now, the next thing that you'll look at

576
00:28:48.960 --> 00:28:52.560
is the goods or the services, are they similar?

577
00:28:52.560 --> 00:28:55.760
So sneakers versus sneakers.

578
00:28:55.760 --> 00:28:58.000
Yeah, that's a negative.

579
00:28:58.000 --> 00:29:01.960
So N-I-K-E, N-I-K-Y, they sound the same,

580
00:29:01.960 --> 00:29:03.640
they look kind of similar.

581
00:29:04.480 --> 00:29:06.360
Connotation, I don't know that anybody feels

582
00:29:06.360 --> 00:29:08.400
any certain way when they hear the words.

583
00:29:08.400 --> 00:29:11.880
But separately, when you look at the goods,

584
00:29:11.920 --> 00:29:14.040
they're both sneakers, that's a problem.

585
00:29:14.040 --> 00:29:17.760
The next thing that you look at is where are they sold?

586
00:29:17.760 --> 00:29:20.640
Well, they're both sold in the same kind of stores,

587
00:29:20.640 --> 00:29:21.560
that's a problem.

588
00:29:21.560 --> 00:29:25.720
Can you buy Nike, N-I-K-E, and N-I-K-Y at Target?

589
00:29:25.720 --> 00:29:27.800
You can, that's a problem.

590
00:29:27.800 --> 00:29:30.400
That means there's a likelihood of confusion.

591
00:29:30.400 --> 00:29:33.520
That means the consumer may not be able to tell

592
00:29:33.520 --> 00:29:36.080
which sneaker is from which company

593
00:29:36.080 --> 00:29:39.040
because they're sold in the same place.

594
00:29:39.080 --> 00:29:41.360
If the cost is similar,

595
00:29:41.360 --> 00:29:44.120
then that means they also cost similarly,

596
00:29:44.120 --> 00:29:46.520
they look similar, they sound similar.

597
00:29:46.520 --> 00:29:47.760
All these things are negative.

598
00:29:47.760 --> 00:29:49.840
They make it so that there might be a likelihood

599
00:29:49.840 --> 00:29:53.720
of confusion in the public side.

600
00:29:53.720 --> 00:29:57.920
The next thing you look at is, is it an impulse purchase?

601
00:29:57.920 --> 00:30:00.640
What that means is, is it something that's...

602
00:30:00.000 --> 00:30:06.880
that you buy that's like 20 bucks or is it something that costs $20,000 if it costs $20,000

603
00:30:08.240 --> 00:30:13.360
in that kind of situation what's going on is there's a less of a likelihood of confusion

604
00:30:13.360 --> 00:30:17.040
because nope there's not many people that are going to go out there and say you know what I'm

605
00:30:17.040 --> 00:30:23.440
just going to throw $20,000 or something that's likely not going to happen what's more likely

606
00:30:23.440 --> 00:30:27.440
going to happen is somebody's going to investigate who is actually selling this thing if they're

607
00:30:27.440 --> 00:30:34.800
spending $20,000 on something okay but in this case nike nike and nike why if they're both

608
00:30:34.800 --> 00:30:42.160
selling sneakers for 95 bucks well since there's similar costs there's a higher likelihood of

609
00:30:42.160 --> 00:30:48.720
confusion all right now if there's a lot of other use of the same word so imagine there's a lot of

610
00:30:48.720 --> 00:30:56.000
other uses of nike for sneakers and then this guy over here tried to go for nike why since there's

611
00:30:56.000 --> 00:31:03.280
so many prior uses that decreases the chance of likelihood of confusion because everybody else is

612
00:31:03.280 --> 00:31:09.920
using it now just to be clear all right so i make sure everybody understands this so please listen

613
00:31:09.920 --> 00:31:21.120
to this okay as the firetruck goes by um remember just because other people are using a trademark

614
00:31:21.120 --> 00:31:26.880
does not mean that you can use it i can't tell you how many times i've seen people start using

615
00:31:26.880 --> 00:31:32.880
a name and say well everybody else is using it and they're the ones that get sued all of a sudden

616
00:31:32.880 --> 00:31:38.400
they get sued and they they say well i don't understand like your honor there's 20 other

617
00:31:38.400 --> 00:31:43.840
companies that are using this like they chose to sue me yeah they chose to sue you that's a problem

618
00:31:44.800 --> 00:31:51.280
all right but but the defense is not well they sued me only that's not a defense a defense might

619
00:31:51.280 --> 00:31:56.640
be well the the trademark doesn't have any distinctiveness because everybody else is using it

620
00:31:56.640 --> 00:32:01.840
that might be a defense but in your case please don't start using a trademark just because you're

621
00:32:01.840 --> 00:32:08.480
seeing everybody else use it okay um another thing to kind of look at is whether or not there's actual

622
00:32:08.480 --> 00:32:16.400
confusion so if if nike nike got a phone call by somebody who picked up nike y and said hey

623
00:32:17.120 --> 00:32:22.800
i bought your sneakers at target and i don't understand like why is there a y here are you

624
00:32:22.800 --> 00:32:29.440
guys is this really you that's a sign of confusion in the market so that actually would weigh against

625
00:32:30.320 --> 00:32:36.320
uh the party with the nike y all right because there'd be a high likelihood of confusion because

626
00:32:36.320 --> 00:32:42.800
there's proof of actual confusion and then finally if it's a really strong mark mcdonald's

627
00:32:42.800 --> 00:32:51.600
um nike apple microsoft intel when you have a trademark that's really really famous like that's

628
00:32:51.600 --> 00:32:57.840
very well known the strength of the mark makes it so that if you use anything that's even close

629
00:32:57.840 --> 00:33:03.760
you might get sued and the reason why you might get sued is because that that trademark is so

630
00:33:03.760 --> 00:33:11.520
well known that it's gained an extra level of protection and so do yourself a big favor

631
00:33:12.240 --> 00:33:17.520
if you're thinking oh man you know this is really famous trademark out there i want to use something

632
00:33:17.520 --> 00:33:21.760
that's kind of close to it it's not exactly the same but it's kind of close because i want people

633
00:33:21.760 --> 00:33:27.840
to to kind of remember remember like the famous trademark and and start looking at me and thinking

634
00:33:27.840 --> 00:33:33.360
of me in a similar light don't do it don't do it all right i've had to defend companies against

635
00:33:33.360 --> 00:33:42.560
microsoft against um mcdonald's um i mean i've represented mit stonyfield like all sorts of

636
00:33:42.560 --> 00:33:47.280
different corporations around the world they have lots of powerful trademarks i can tell you that

637
00:33:47.280 --> 00:33:54.640
they go heavily after anyone who uses anything even slightly similar so do yourself a favor and

638
00:33:54.640 --> 00:34:03.520
stay away from trademarks that are very well known okay let me take two questions i i usually

639
00:34:03.520 --> 00:34:07.360
don't do this and my people tend to tell me don't do this but i'm going to do it anyway

640
00:34:07.920 --> 00:34:13.440
because i just want to take let me take two questions on what we've covered so far so far

641
00:34:13.440 --> 00:34:22.239
for trademarks um only trademarks nothing else so it has to be specifically on a trademark issue

642
00:34:22.880 --> 00:34:26.400
okay all right sean go ahead and ask your trademark question

643
00:34:30.400 --> 00:34:31.040
you're muted

644
00:34:38.639 --> 00:34:44.159
okay maybe there's overlap with copyright but i had a group of things a group of products

645
00:34:44.159 --> 00:34:50.639
that i call them something there's an umbrella term for them and um then i decided well i'm

646
00:34:50.639 --> 00:34:56.400
going to name my facebook group that and i went to do it and i got it all set up and

647
00:34:56.400 --> 00:34:59.760
then i realized there's another one named that we've continued

648
00:35:00.000 --> 00:35:01.740
to use that name.

649
00:35:01.740 --> 00:35:03.820
And now I realize there's also a series

650
00:35:03.820 --> 00:35:06.300
of books published that.

651
00:35:06.300 --> 00:35:07.380
What's your question?

652
00:35:07.380 --> 00:35:09.300
What's your question on trademarks?

653
00:35:09.300 --> 00:35:13.540
So, I mean, first of all, maybe this is copyright.

654
00:35:13.540 --> 00:35:14.380
I don't know.

655
00:35:14.380 --> 00:35:17.540
And I don't know if I'm in infringement

656
00:35:17.540 --> 00:35:20.420
of the fact that somebody else has books

657
00:35:20.420 --> 00:35:22.940
that a series of books that have that same title.

658
00:35:22.940 --> 00:35:26.660
Somebody else has a Facebook group with that same title.

659
00:35:26.660 --> 00:35:28.260
Gotcha, okay.

660
00:35:28.260 --> 00:35:29.340
All right, I got you.

661
00:35:29.340 --> 00:35:32.500
All right, let me address this in general.

662
00:35:32.500 --> 00:35:34.540
So it's a good question.

663
00:35:34.540 --> 00:35:39.540
So if there is a name and it's used on a book,

664
00:35:41.380 --> 00:35:46.380
book names are not trademarkable unless it's a series, okay?

665
00:35:46.380 --> 00:35:48.820
So first thing, and we're all gonna do this together.

666
00:35:48.820 --> 00:35:51.580
I'm gonna walk you all through a trademark search together.

667
00:35:51.580 --> 00:35:53.500
So everybody understands how to do a trademark search.

668
00:35:53.500 --> 00:35:56.980
We're gonna do this all slowly together.

669
00:35:57.820 --> 00:36:00.580
I think this one is a series, by the way.

670
00:36:00.580 --> 00:36:02.580
Okay, well, that's a good example.

671
00:36:02.580 --> 00:36:05.980
So if it's a series, like, you know,

672
00:36:05.980 --> 00:36:08.540
there's a number of books that are series,

673
00:36:08.540 --> 00:36:13.260
like the Hobbit is a series, Harry Potter is a series.

674
00:36:13.260 --> 00:36:15.020
There's a lot of different series, right?

675
00:36:15.020 --> 00:36:19.260
So the name of a series can be protected

676
00:36:19.260 --> 00:36:22.340
under trademark law, but a single name on a single book

677
00:36:22.340 --> 00:36:24.180
that is not allowed to be protectable

678
00:36:24.180 --> 00:36:25.100
under trademark law.

679
00:36:25.100 --> 00:36:28.780
Now let's imagine that somebody has used a name

680
00:36:28.780 --> 00:36:30.260
on a Facebook group, right?

681
00:36:30.260 --> 00:36:32.700
Because I use a certain name on a Facebook group.

682
00:36:32.700 --> 00:36:34.980
What I would do is what I'm gonna walk all of you

683
00:36:34.980 --> 00:36:37.740
through right now, which is a trademark search.

684
00:36:37.740 --> 00:36:39.540
I would determine whether or not the party

685
00:36:39.540 --> 00:36:43.100
has a federal registration, but somebody type in the chat

686
00:36:43.100 --> 00:36:45.820
the other thing you need to worry about.

687
00:36:45.820 --> 00:36:49.300
What is the other trademark right that you might have

688
00:36:49.300 --> 00:36:51.740
or that somebody else might have

689
00:36:51.740 --> 00:36:52.940
that you have to worry about,

690
00:36:52.940 --> 00:36:55.740
even if they don't have a federal registration,

691
00:36:55.740 --> 00:36:59.540
they might have rights under exactly, Mark said it,

692
00:36:59.540 --> 00:37:00.380
common law.

693
00:37:01.700 --> 00:37:05.740
And so how can you determine potentially

694
00:37:05.740 --> 00:37:08.380
if somebody has rights under common law?

695
00:37:08.380 --> 00:37:10.660
What's some of the homework you can do on your own

696
00:37:10.660 --> 00:37:13.180
before you actually talk with an attorney?

697
00:37:13.180 --> 00:37:15.100
What's some of the homework you can do on your own

698
00:37:15.100 --> 00:37:18.100
so that you're prepared and you bring your evidence

699
00:37:18.100 --> 00:37:20.220
to the attorney for the analysis?

700
00:37:20.700 --> 00:37:23.300
What's a website that you can go to

701
00:37:23.300 --> 00:37:25.820
to actually determine whether or not

702
00:37:25.820 --> 00:37:29.100
they've used that name before?

703
00:37:29.100 --> 00:37:30.460
Somebody type in the chat.

704
00:37:31.740 --> 00:37:32.940
Google domain search.

705
00:37:32.940 --> 00:37:34.300
Yup, you can do that.

706
00:37:34.300 --> 00:37:35.980
What was the one we talked about yesterday?

707
00:37:35.980 --> 00:37:37.740
The Wayback Machine, exactly.

708
00:37:37.740 --> 00:37:38.660
Right, Wayne.

709
00:37:38.660 --> 00:37:39.660
Right, Ron.

710
00:37:39.660 --> 00:37:43.180
So if you use the Wayback Machine,

711
00:37:43.180 --> 00:37:45.220
you can go, thanks, Ray.

712
00:37:45.220 --> 00:37:47.940
So what you can do is you can actually determine

713
00:37:47.940 --> 00:37:51.260
whether or not a prior version of their website

714
00:37:51.260 --> 00:37:53.340
had that name on it,

715
00:37:53.340 --> 00:37:54.380
and that gives you a good idea

716
00:37:54.380 --> 00:37:55.620
of whether or not they've been using it

717
00:37:55.620 --> 00:37:56.740
in interstate commerce.

718
00:37:56.740 --> 00:37:58.260
If they have been using it,

719
00:37:58.260 --> 00:38:00.380
they may have rights under common law.

720
00:38:00.380 --> 00:38:01.580
If they have rights under common law,

721
00:38:01.580 --> 00:38:03.260
you may not be able to use it.

722
00:38:03.260 --> 00:38:06.860
Oh, it's my, I'm glad you like that, Kristen.

723
00:38:06.860 --> 00:38:09.140
Yeah, so it's pretty helpful to understand that.

724
00:38:09.140 --> 00:38:10.340
Sean, I gotta stop you

725
00:38:10.340 --> 00:38:11.900
because I gotta keep going, all right?

726
00:38:11.900 --> 00:38:12.900
Oh, but if you were gonna do,

727
00:38:12.900 --> 00:38:14.700
you said you were gonna do a search right now.

728
00:38:14.700 --> 00:38:16.660
I wondered, do you wanna do it on this name

729
00:38:16.660 --> 00:38:17.820
that I told you about?

730
00:38:20.460 --> 00:38:21.900
We could try, sure.

731
00:38:21.900 --> 00:38:22.740
Yeah, we could do that.

732
00:38:22.740 --> 00:38:25.180
I mean, if it's okay to share it.

733
00:38:25.180 --> 00:38:26.020
Yeah.

734
00:38:26.020 --> 00:38:27.740
I'm getting scared to say anything out loud,

735
00:38:27.740 --> 00:38:31.820
but okay, so it's this group of products I have.

736
00:38:31.820 --> 00:38:33.420
Sean, Sean, I'm gonna mute you,

737
00:38:33.420 --> 00:38:36.340
and when we get to the search, we'll talk, all right?

738
00:38:36.340 --> 00:38:37.260
All right.

739
00:38:37.260 --> 00:38:39.100
Okay, so does the Wayback Machine

740
00:38:39.100 --> 00:38:41.140
infringe on copyright sites?

741
00:38:41.140 --> 00:38:42.940
That's a good question, actually.

742
00:38:42.940 --> 00:38:45.340
So the information on,

743
00:38:45.340 --> 00:38:48.300
the information that the Wayback Machine is grabbing

744
00:38:48.300 --> 00:38:53.020
is grabbing a copy of a prior version of a website, right?

745
00:38:53.020 --> 00:38:56.540
Now, making copies of somebody else's website,

746
00:38:56.540 --> 00:38:59.340
technically, as you'll learn tomorrow,

747
00:38:59.340 --> 00:39:01.700
is copyright infringement.

748
00:39:03.740 --> 00:39:07.700
So Mark raises a very good question.

749
00:39:07.700 --> 00:39:10.300
How exactly is it that the Wayback Machine

750
00:39:10.300 --> 00:39:13.980
is allowed to make copies of other people's websites

751
00:39:13.980 --> 00:39:18.340
and display them and not get into trouble?

752
00:39:18.340 --> 00:39:20.660
I've actually thought about this a few times.

753
00:39:20.660 --> 00:39:24.300
I think that part of, not really fair use, no.

754
00:39:24.300 --> 00:39:28.180
Fair use is, it's an exception to an exception.

755
00:39:28.180 --> 00:39:29.300
If you're using fair use,

756
00:39:29.300 --> 00:39:32.100
that means you've already committed copyright infringement,

757
00:39:32.100 --> 00:39:34.900
and then after that, it becomes,

758
00:39:34.900 --> 00:39:36.980
we're gonna talk about fair use on day three,

759
00:39:36.980 --> 00:39:38.700
so you'll find out.

760
00:39:38.700 --> 00:39:40.740
All right, so I'm gonna walk you all

761
00:39:40.740 --> 00:39:44.020
through a search right now, a trademark search, okay?

762
00:39:44.020 --> 00:39:47.060
But I want to make sure you understood

763
00:39:47.060 --> 00:39:49.380
how you determine if there's trademark infringement,

764
00:39:49.380 --> 00:39:53.580
because I'm trying to put this all together.

765
00:39:53.580 --> 00:39:56.580
Here is this logo, here's this wordmark.

766
00:39:56.580 --> 00:40:00.260
You want to determine, can I use it, right?

767
00:40:00.000 --> 00:40:03.520
Remember how I told you before you go searching on the domain name, what are you doing?

768
00:40:04.480 --> 00:40:09.200
You're doing a trademark search, right? So you're doing that search, you're seeing if

769
00:40:09.200 --> 00:40:14.240
that name's available. Now that the name's available, then you can go and grab the domain

770
00:40:14.240 --> 00:40:19.280
name and then go and grab your trademark application. Because if you grab your

771
00:40:19.280 --> 00:40:24.320
trademark application first, somebody will buy the domain name and sell it to you for 2,500 bucks

772
00:40:24.320 --> 00:40:30.800
instead of $8.95. So the sequence should always be trademark search, which I'm going to walk you

773
00:40:30.800 --> 00:40:39.840
through now, then domain name. If it's available, grab it, then file with the USPTO. Don't file with

774
00:40:39.840 --> 00:40:46.160
the USPTO first because the alternative is somebody will unfortunately blackmail you.

775
00:40:46.160 --> 00:40:53.680
All right, so everybody go to USPTO.gov. That's where we're going to go.

776
00:40:56.320 --> 00:41:02.320
So let me go there. And I'm actually going to do a search for my own thing because

777
00:41:02.320 --> 00:41:05.600
I don't want to search somebody else's thing and then have them rely upon that

778
00:41:06.160 --> 00:41:12.880
and believe that it's legal advice. So I'm going to search for something that everybody can use.

779
00:41:13.440 --> 00:41:20.320
So let me share my screen with all of you right now. Everybody should be able to do this. And

780
00:41:20.320 --> 00:41:24.240
just so everybody knows, this is going to be part of the homework assignment tonight,

781
00:41:25.200 --> 00:41:33.520
which is to go and search for a trademark that you're using or one that you'd like to use.

782
00:41:33.520 --> 00:41:38.960
Okay, now this is the USPTO website, United States Patent and Trademark Office.

783
00:41:39.520 --> 00:41:46.320
Why does it keep crashing? Can you, I wonder if I can just ignore this. You guys can see me

784
00:41:47.040 --> 00:41:52.240
right now. Can you hear me? Yes. All right. I'm just going to move the error message to the side.

785
00:41:52.240 --> 00:41:54.000
I don't know why it keeps doing it.

786
00:41:57.040 --> 00:42:01.040
And now we lost his sound. But while we're waiting for him, guys, I dropped a link in the chat

787
00:42:01.040 --> 00:42:06.640
for the USPTO.gov website that he's on right now. It's a good idea for everyone,

788
00:42:07.520 --> 00:42:11.520
especially if you're on a PC, to go click that link and open up a browser tab so you have it.

789
00:42:20.960 --> 00:42:24.480
It's too bad we didn't get Peter frozen in a dance move. That would have been...

790
00:42:27.840 --> 00:42:33.600
I wonder if he's stretching his bandwidth.

791
00:42:34.560 --> 00:42:40.080
Right, Jaya. Yeah, today I noticed that Zoom actually asked for an update. And I'm not sure

792
00:42:40.080 --> 00:42:45.520
if you guys know this, but probably say our February challenge, there was actually a lot of

793
00:42:46.400 --> 00:42:52.640
foreign hacking going on on big systems like Zoom. And so there was a lot of technical issues

794
00:42:52.640 --> 00:42:58.320
going on for a while too. I don't know if that's still the case, but sometimes there is some

795
00:42:59.280 --> 00:43:04.640
interference there. Plus we're trying a new setup today, and I think it might be his HDMI cord.

796
00:43:05.840 --> 00:43:10.960
I don't know. It might be the cord connecting to that computer so he can see all of you guys at

797
00:43:10.960 --> 00:43:17.360
once. He should be logging back in here very soon. He's back. Yeah, it's kind of interesting

798
00:43:17.360 --> 00:43:23.520
that that's happened. That's three times now. We've not had this happen before. So this is

799
00:43:23.520 --> 00:43:28.960
interesting. In my opinion, it must be a lot of people that need this information.

800
00:43:30.240 --> 00:43:33.920
Well, Peter, if it happens again, I'm just going to start clicking this will and aims

801
00:43:33.920 --> 00:43:38.480
and start giving stuff away. Yeah. All right. Let's try this again.

802
00:43:40.000 --> 00:43:45.280
I'm just finding this really interesting. We have not run into this problem, but we'll see

803
00:43:45.280 --> 00:43:52.640
what's going on. All right. Let's see. Thank you, Lord. Let's have this just work. Okay.

804
00:43:52.640 --> 00:43:58.560
Can everybody see the screen right now? Okay. Wonderful. All right. So you just click on

805
00:43:58.560 --> 00:44:05.600
trademarks. You go to searching. Now, once you're on this screen here for searches,

806
00:44:05.600 --> 00:44:11.040
can everybody see where it says search trademark database right there? Okay. All right. Let's spend

807
00:44:11.040 --> 00:44:17.520
a little time here for a minute. All right. So there are two different ways you can do the search

808
00:44:17.520 --> 00:44:25.200
here. The top portion here, this button here, this link here, and this button here, they do

809
00:44:25.200 --> 00:44:30.480
the exact same thing. So don't try to figure out which one do I use. We can't tell what you're

810
00:44:30.480 --> 00:44:38.320
pointing at. Somebody's unmuted. Who's unmuted? Sorry, that was me. I just couldn't see where

811
00:44:38.320 --> 00:44:43.920
you were pointing at. This is Alicia. Oh, okay. Gotcha. So you don't see the hand right there

812
00:44:44.880 --> 00:44:48.320
over the URL? All right. Let me see. Do you see it now?

813
00:44:50.640 --> 00:44:56.080
I see it, Peter. It's over the purple part. It says trademark electronic search in parentheses.

814
00:44:56.080 --> 00:44:59.840
It's the first one. Right. Right. Thanks, Alicia. Yeah. So that

815
00:45:00.000 --> 00:45:01.440
One right there.

816
00:45:01.440 --> 00:45:02.900
And then the other one is the button.

817
00:45:02.900 --> 00:45:05.400
The button is after the word confusion right here.

818
00:45:05.400 --> 00:45:06.360
You see the button?

819
00:45:07.860 --> 00:45:08.700
Okay.

820
00:45:08.700 --> 00:45:11.800
So both of those things do the same thing, okay?

821
00:45:11.800 --> 00:45:15.320
So you just click on the URL and here you go.

822
00:45:15.320 --> 00:45:16.840
You go to this screen right here.

823
00:45:16.840 --> 00:45:17.680
Okay.

824
00:45:17.680 --> 00:45:20.440
There are three different types of searches you can do.

825
00:45:22.640 --> 00:45:25.760
I'm gonna teach you how to do the first one

826
00:45:25.760 --> 00:45:28.240
and the second one.

827
00:45:28.320 --> 00:45:30.080
For all you guys that are super geeks,

828
00:45:30.080 --> 00:45:31.880
you can do the third one, all right?

829
00:45:33.440 --> 00:45:36.360
The third one is using like Boolean logic.

830
00:45:36.360 --> 00:45:40.160
So if you like using the if and not,

831
00:45:40.160 --> 00:45:43.960
you know, the brackets, the equals or the greater than

832
00:45:43.960 --> 00:45:46.800
or equal to all that, have at the third one.

833
00:45:46.800 --> 00:45:48.000
I'm not gonna do that one here

834
00:45:48.000 --> 00:45:49.960
because that's just too complex.

835
00:45:49.960 --> 00:45:54.960
So the first one here, this is the most basic.

836
00:45:55.960 --> 00:45:59.160
I will tell you that it's also kind of annoying

837
00:45:59.160 --> 00:46:02.360
because you can't specify the goods.

838
00:46:02.360 --> 00:46:05.200
You're just gonna look up a word, okay?

839
00:46:05.200 --> 00:46:07.160
So let's say you believe,

840
00:46:07.160 --> 00:46:09.760
let's say that you believe you came up with a new word

841
00:46:09.760 --> 00:46:11.480
and nobody else has it, right?

842
00:46:11.480 --> 00:46:13.800
So let's say that like Tani.

843
00:46:13.800 --> 00:46:16.920
Tani says, I just came up with a brand new word.

844
00:46:16.920 --> 00:46:21.880
It's Algevira, right?

845
00:46:21.920 --> 00:46:24.600
And she says, nobody in the world

846
00:46:24.600 --> 00:46:26.160
has ever heard of Algevira.

847
00:46:26.160 --> 00:46:27.520
Well, then she could just come over here

848
00:46:27.520 --> 00:46:32.520
and then type in, you know, Algevira and then click enter.

849
00:46:35.160 --> 00:46:37.560
Well, there's nothing like it, you win.

850
00:46:37.560 --> 00:46:39.320
There's a brand new word just for you, right?

851
00:46:39.320 --> 00:46:41.280
That's a simple one, right?

852
00:46:42.160 --> 00:46:44.320
Most things are not that simple.

853
00:46:44.320 --> 00:46:48.320
Most things are variations of other words, okay?

854
00:46:48.320 --> 00:46:50.640
Now, one thing I want you all to be aware of,

855
00:46:50.640 --> 00:46:52.680
please, please understand this.

856
00:46:54.160 --> 00:46:56.440
The searches that you're doing here,

857
00:46:56.440 --> 00:47:00.760
these are basic, basic top level searches.

858
00:47:00.760 --> 00:47:02.000
What do I mean by that?

859
00:47:02.000 --> 00:47:04.680
You should not be relying upon the results here.

860
00:47:06.800 --> 00:47:09.600
The reason why I'm saying that is because

861
00:47:09.600 --> 00:47:13.520
the USPTO website, number one,

862
00:47:13.520 --> 00:47:16.640
it doesn't always catch phonetic equivalents.

863
00:47:16.640 --> 00:47:19.120
Does everybody know what a phonetic equivalent is?

864
00:47:19.160 --> 00:47:20.400
By show of hands.

865
00:47:20.400 --> 00:47:22.200
Yes, people understand.

866
00:47:22.200 --> 00:47:23.040
All right, some people don't.

867
00:47:23.040 --> 00:47:24.920
That's okay, let me explain.

868
00:47:24.920 --> 00:47:29.400
Sounds like, phonetic, sounds like, right?

869
00:47:29.400 --> 00:47:32.200
So does it like, does,

870
00:47:32.200 --> 00:47:37.200
so if you see Nike, N-I-K-E and Nike, N-I-K-I-E

871
00:47:37.520 --> 00:47:42.280
and Nike, N-I-K-Y, all of those sound the same.

872
00:47:42.280 --> 00:47:46.720
So they're all technically phonetic equivalents.

873
00:47:46.720 --> 00:47:49.440
But when I type in Nike, N-I-K-E,

874
00:47:49.440 --> 00:47:53.000
the USPTO may not give me N-I-K-E-E

875
00:47:53.000 --> 00:47:56.640
or N-I-K-E-Y or M-O-U-S-E.

876
00:47:56.640 --> 00:47:57.600
You see what I'm saying?

877
00:47:57.600 --> 00:48:01.600
So for that reason, you wanna be careful

878
00:48:01.600 --> 00:48:03.880
relying upon what you're finding here.

879
00:48:03.880 --> 00:48:07.440
What I would use the USPTO website for

880
00:48:07.440 --> 00:48:12.400
is I would use it as a top level search,

881
00:48:12.400 --> 00:48:14.600
what I call a knockout search.

882
00:48:15.440 --> 00:48:18.280
All right, let me explain to you what a knockout search is.

883
00:48:18.280 --> 00:48:22.600
Because first of all, what I'm showing you is a free tool.

884
00:48:22.600 --> 00:48:25.320
This free tool will potentially save you

885
00:48:25.320 --> 00:48:29.200
thousands upon thousands of dollars, okay?

886
00:48:29.200 --> 00:48:30.800
Because if you've got a name

887
00:48:30.800 --> 00:48:32.840
that clearly is not protectable

888
00:48:32.840 --> 00:48:36.240
and you search by learning what I'm gonna show you right now

889
00:48:36.240 --> 00:48:38.120
and you knock out the name,

890
00:48:38.120 --> 00:48:39.800
then you don't need to call a lawyer

891
00:48:39.800 --> 00:48:41.480
to find out whether or not you can use the name,

892
00:48:41.480 --> 00:48:42.440
you know it's dead.

893
00:48:43.320 --> 00:48:46.200
So you just saved yourself a phone call.

894
00:48:46.200 --> 00:48:50.080
And remember, we as attorneys bill you per hour, right?

895
00:48:50.080 --> 00:48:52.160
We have bill per hour requirements.

896
00:48:52.160 --> 00:48:54.760
And so as you call and we're talking,

897
00:48:54.760 --> 00:48:56.040
tick, tick, tick, tick, tick,

898
00:48:56.040 --> 00:48:58.320
like you're being billed for that time.

899
00:48:58.320 --> 00:49:00.160
Well, if you can do a quick search yourself

900
00:49:00.160 --> 00:49:02.640
and knock out a few potential names,

901
00:49:02.640 --> 00:49:05.160
you just saved yourself a ton of money.

902
00:49:05.160 --> 00:49:06.880
So that's what I'm trying to do right here.

903
00:49:06.880 --> 00:49:08.800
This is a very useful tool

904
00:49:08.800 --> 00:49:11.600
to teach you how to do a knockout search.

905
00:49:11.640 --> 00:49:12.840
But when you find something

906
00:49:12.840 --> 00:49:16.640
that looks like it's available to use,

907
00:49:16.640 --> 00:49:18.040
don't just go out there and use it.

908
00:49:18.040 --> 00:49:21.480
What you should use this to do is to knock out,

909
00:49:21.480 --> 00:49:24.880
let's say you have like seven potential names.

910
00:49:24.880 --> 00:49:26.080
Look at them all up.

911
00:49:26.080 --> 00:49:29.480
You may knock out like five of them and only have two left.

912
00:49:29.480 --> 00:49:31.080
And then with those two that are left,

913
00:49:31.080 --> 00:49:33.240
you call the lawyer for those two.

914
00:49:33.240 --> 00:49:35.440
Instead of calling the lawyer for the seven,

915
00:49:36.360 --> 00:49:37.840
you just saved a lot of money.

916
00:49:38.840 --> 00:49:40.120
You're welcome.

917
00:49:40.120 --> 00:49:41.280
You see what I'm saying?

918
00:49:41.960 --> 00:49:42.960
That's what I'm trying to get at to you.

919
00:49:42.960 --> 00:49:45.320
What you want to do is minimize the amount of time

920
00:49:45.320 --> 00:49:48.560
that we as attorneys will spend on looking at things

921
00:49:48.560 --> 00:49:49.800
that are not necessary.

922
00:49:49.800 --> 00:49:52.520
All right, so this first site,

923
00:49:52.520 --> 00:49:55.320
you can search for the word itself,

924
00:49:55.320 --> 00:49:57.000
or you can search for a serial number,

925
00:49:57.000 --> 00:49:57.960
a registration number.

926
00:49:57.960 --> 00:50:00.520
Like if somebody has a registration number.

927
00:50:00.000 --> 00:50:15.000
registration number already a trademark registration, you can search for that exact registration number here. If you so choose. Okay. Or if you know the owner of the trademark, right, you can actually search for the owner of the trademark right here.

928
00:50:15.000 --> 00:50:29.000
And when you search for the owner of trademark. Do you see how I just searched for Nieves, which is my name is 251 records of different trademarks that are owned by a person named Nieves.

929
00:50:29.000 --> 00:50:36.000
Right, here's one of mine protection portal I have a bunch of others to that are in here.

930
00:50:37.000 --> 00:50:47.000
Yeah, so there's a bunch of mine that are in here. Okay. The whole point of my saying that, hey, somebody filed for my name. Who did that.

931
00:50:47.000 --> 00:50:56.000
Yeah, that's not mine. I didn't file for a teddy bear. Alright, so the point being, where you can go and you can search for the owner of a trademark as well.

932
00:50:56.000 --> 00:51:03.000
So if I'm thinking to myself, you know, Ron Gunderson, you know that guy, he's kind of sneaky. He's really smart.

933
00:51:03.000 --> 00:51:08.000
And he may come out with a name that's very similar to one that I want to use because he's a smart guy.

934
00:51:08.000 --> 00:51:14.000
I can actually search for Ron Gunderson here and see any trademarks that are he filed for. Okay.

935
00:51:14.000 --> 00:51:26.000
It's a useful tool. But in general, if you're trying to find a trademark, let me show you what happens. If you type in Nike, N-I-K-E, look at what happens.

936
00:51:26.000 --> 00:51:39.000
182 records. So you're getting a lot of different trademarks that have N-I-K-E in it. See, now remember what I told you about phonetic equivalence.

937
00:51:39.000 --> 00:51:52.000
So look here. N-Y-K-1 did show up. That's a phonetic equivalent, right? So that's an example of where it did catch one, but it may not always catch it for you.

938
00:51:52.000 --> 00:51:58.000
Now, let me show you something. Somebody asked a really good question in the chat.

939
00:51:58.000 --> 00:52:11.000
I really like this setup because I can see all of your chat, too, which is helpful. But let me show you something. You see on the right side here how it says dead? You see that?

940
00:52:11.000 --> 00:52:21.000
So you might be asking yourself, what does that mean, the trademark is dead? Like, what if I want to use a certain name and it shows up as dead? Does that mean I can use it?

941
00:52:22.000 --> 00:52:38.000
The answer is not necessarily. You want to do additional work. So what you want to do at that point is if it shows up as dead, you want to click on it and you want to go down here and see who was the person who filed for it.

942
00:52:38.000 --> 00:52:51.000
That's the applicant there. You can see under owner, that's the applicant. And then do some research on this company and find out whether or not they're still using it before you decide to go use it yourself, right?

943
00:52:51.000 --> 00:53:00.000
Because again, what I taught you yesterday was this thing called common law trademark rights, right? So they may not have renewed their trademark.

944
00:53:00.000 --> 00:53:12.000
They may have allowed their trademark to expire. But that doesn't mean that they're not still using it. So just because a trademark shows up as dead does not mean it's clear to use.

945
00:53:12.000 --> 00:53:31.000
So make sure you do an extra layer of checking on your own to see whether or not you truly can use that name. Because if you miss that, you may believe that something, in fact, is available to use, and then get in a situation where you're accused of trademark infringement, okay?

946
00:53:31.000 --> 00:53:41.000
Hey, Peter, can I ask a question, Peter? I see something that says abandonment date down there, right under dead. Can you kind of-

947
00:53:41.000 --> 00:53:43.000
I'm sorry, who is that?

948
00:53:43.000 --> 00:53:44.000
This is Morgan. I'm sorry.

949
00:53:44.000 --> 00:53:50.000
Oh, hey, Morgan. All right, let me pull you up so I can see you. Okay, what was your question?

950
00:53:50.000 --> 00:53:56.000
On that screen there, it says something underneath dead. It says abandonment date.

951
00:53:56.000 --> 00:53:57.000
Abandoned?

952
00:53:57.000 --> 00:54:00.000
No, no, underneath, right there where it says dead.

953
00:54:00.000 --> 00:54:03.000
Yeah, that's when it went dead. That's when it went dead.

954
00:54:03.000 --> 00:54:05.000
Okay, I want to make sure. Okay, all right.

955
00:54:05.000 --> 00:54:17.000
Yeah, yeah, so that's a good question. So basically what happened is that this case went abandoned September 30, 2022, right? So that lets you know when it went abandoned.

956
00:54:17.000 --> 00:54:29.000
Now, if you want to get really geeky on this, I'll show you what you can do. Right here, there's a button that says TSDR. Let's say you want to find out, well, why did it go abandoned, right?

957
00:54:29.000 --> 00:54:34.000
So Morgan's like, you know what? I learned about abandonment. Now I want to know more.

958
00:54:34.000 --> 00:54:37.000
So just click TSDR.

959
00:54:37.000 --> 00:54:44.000
If you click TSDR, you can actually see the history of that case itself right there in front of you.

960
00:54:44.000 --> 00:54:47.000
See that?

961
00:54:47.000 --> 00:54:50.000
Do you guys see that? Does it show you a screen right now?

962
00:54:50.000 --> 00:55:00.000
That changed? Okay, good. So you see right here where it says status? Dead. Application refused, dismissed, or invalidated. The trademark was refused, dismissed, or invalidated.

963
00:55:00.000 --> 00:55:05.920
the office. So it tells you abandoned because the applicant failed to respond or filed a late

964
00:55:05.920 --> 00:55:10.800
response to an office action. So it tells you exactly why it got abandoned. So you can go in

965
00:55:10.800 --> 00:55:17.760
there. Guys, these are public documents, guys. This is all public documents. You can go here,

966
00:55:17.760 --> 00:55:24.240
play around all you want. This is free. Go and play. Tonight, take the name of your company.

967
00:55:24.240 --> 00:55:28.160
Type in, you know, type in the name and see whether or not there's a potential of a trademark

968
00:55:28.160 --> 00:55:33.600
issue. Do some research on your own. This is free. The beauty of it, if you do the search and then

969
00:55:33.600 --> 00:55:38.560
you're in VIP, obviously you can come in and just start asking questions like I search, I see this.

970
00:55:38.560 --> 00:55:43.840
What do you think about that? We can just kind of talk. But the point of all this is that you

971
00:55:43.840 --> 00:55:49.440
actually can do searching at no additional cost. Now, let me show you the search that I would do

972
00:55:49.440 --> 00:55:56.080
personally. I don't like this one right here because it just gives you everything in the

973
00:55:56.080 --> 00:56:03.120
kitchen sink. So the one I use is this one here, the second one. OK, this one I like.

974
00:56:04.320 --> 00:56:09.440
You know, this one's a lot of fun. I see camouflage. She's like, yeah, I like this one. This is my

975
00:56:09.440 --> 00:56:13.600
favorite. This one's good. All right. So this is what I click on. This is the one I use.

976
00:56:14.640 --> 00:56:22.720
The beauty of this is that you can select under field. You can select any one of these categories,

977
00:56:22.720 --> 00:56:29.520
OK, like the goods and services. And then I can come over here and I can type in footwear.

978
00:56:31.040 --> 00:56:37.920
No, not footwear, footwear. No. How do you spell footwear? It's E-A-R, right?

979
00:56:37.920 --> 00:56:45.040
E-A-R. That's it. Yeah. Footwear. OK, there's one. Right. And then under here, I can type in Nike.

980
00:56:45.120 --> 00:56:53.600
And for Nike, for the field, I can look up. Let me let me give you a little

981
00:56:54.960 --> 00:56:59.840
a little clue here or something that's going to help you a lot. You see this field here

982
00:56:59.840 --> 00:57:05.520
that says non-punctuated wordmark. Use this one. This is one of the best ones to use.

983
00:57:06.400 --> 00:57:12.800
Use non-punctuated wordmark. And then type in the word that you want to look up, OK,

984
00:57:12.800 --> 00:57:17.280
and then use goods and services and type in some of the services that you want to use.

985
00:57:17.920 --> 00:57:22.720
All right. Now, there's another thing that you need to do. Don't forget this.

986
00:57:23.360 --> 00:57:31.200
Over here, you see the operator. Change that operator to and. If you leave it as or,

987
00:57:31.200 --> 00:57:36.480
you're going to get everything that has you're going to get every trademark that ever existed

988
00:57:36.480 --> 00:57:41.360
that has the word footwear under goods. And you're going to get every trademark that ever existed

989
00:57:41.360 --> 00:57:48.000
that has Nike in it. That is you're going to get if I had to guess. But let's have fun.

990
00:57:48.800 --> 00:57:59.760
Let's have fun. All right. Let's have a little fun here. For for a second, $50 gift certificate.

991
00:58:01.680 --> 00:58:08.080
Amazon gift certificate for a second one. Type in the chat how many results you think

992
00:58:08.080 --> 00:58:13.680
that you're going to get if you type in footwear and Nike with the or with or as an operator?

993
00:58:15.200 --> 00:58:24.560
20,000. Let's see. 10,000. He puts a plus sign. Josiah knows how to play games. He puts a plus

994
00:58:24.560 --> 00:58:34.960
sign. That's so good. But 500,000. Wow. 5,000, 50,000, 25,000. I'm going to think,

995
00:58:35.920 --> 00:58:41.200
I think it's going to be like, I've never run this search. I think it's going to be like 18,000.

996
00:58:42.400 --> 00:58:45.440
250,000. All right. Let's see what we get. Let's see what we get.

997
00:58:46.400 --> 00:58:50.720
Submit query. Is everybody done? Because we're going to look at your what you typed in in a

998
00:58:50.720 --> 00:58:56.960
second. And you can't. What was the last one? All right, Linda. Anybody else? Peter's going to break

999
00:58:56.960 --> 00:59:07.840
the internet. 10 more seconds. Judy's guessing too. All right. Eight, seven, six. Alicia bet my

1000
00:59:07.840 --> 00:59:16.800
number. Alicia's smart. Five, four, three, two, one. All right. Let's see what we get.

1001
00:59:16.880 --> 00:59:31.200
How many did we get? 304,000. 304,000. I wasn't even close. I wasn't even close. Let's see who

1002
00:59:31.200 --> 00:59:41.520
was the closest. 250,000. Jenny said 200. No. I got Jiah. Jiah's got 250,000. Wow. 500,000.

1003
00:59:41.760 --> 00:59:48.320
Sunny said 500,000. Those are close. All right. So I think Jiah's the closest. Yeah.

1004
00:59:48.960 --> 00:59:55.840
So make sure you text me, please, to send out the other $50. I got it. Thank you so much. All right.

1005
00:59:55.840 --> 00:59:59.680
So let's go back now and run it the way it's supposed to be run. We're going to change it to

1006
01:00:00.000 --> 01:00:05.000
And you can imagine if you got 300,000 results,

1007
01:00:06.760 --> 01:00:08.560
by the time you're done reviewing them all,

1008
01:00:08.560 --> 01:00:10.880
you're probably won't be alive anymore.

1009
01:00:10.880 --> 01:00:12.880
So your company won't be very successful.

1010
01:00:12.880 --> 01:00:15.200
So I suggest that you use the and operator

1011
01:00:15.200 --> 01:00:17.400
instead of the or operator.

1012
01:00:17.400 --> 01:00:18.800
And so now you just commit,

1013
01:00:18.800 --> 01:00:22.280
you click submit query and see what we get.

1014
01:00:22.280 --> 01:00:25.440
Ah, that is way more reasonable.

1015
01:00:25.440 --> 01:00:29.520
We have 53, 53 is way more reasonable.

1016
01:00:30.240 --> 01:00:32.680
All right, so let me show you what I would do

1017
01:00:32.680 --> 01:00:34.120
in this situation.

1018
01:00:34.120 --> 01:00:37.520
Now, we know the name Nike is pretty popular.

1019
01:00:37.520 --> 01:00:38.840
So you might be thinking to yourself,

1020
01:00:38.840 --> 01:00:42.680
well, how do I know if it's a logo or if it's a wordmark?

1021
01:00:42.680 --> 01:00:45.480
Like, how do I know, like, is it an image

1022
01:00:45.480 --> 01:00:46.560
or is it a wordmark?

1023
01:00:46.560 --> 01:00:48.480
Okay, well, let me show you something you can do

1024
01:00:48.480 --> 01:00:49.840
that's really cool.

1025
01:00:49.840 --> 01:00:52.680
You see right here, this button says image list.

1026
01:00:53.560 --> 01:00:54.440
See that?

1027
01:00:54.440 --> 01:00:55.440
Click on that.

1028
01:00:56.400 --> 01:00:57.480
Look what happens.

1029
01:00:58.480 --> 01:00:59.920
This is so cool.

1030
01:01:00.800 --> 01:01:05.520
Now you can actually see the trademarks as images.

1031
01:01:05.520 --> 01:01:09.360
So you can see which ones are wordmarks,

1032
01:01:09.360 --> 01:01:11.840
which ones are logos.

1033
01:01:11.840 --> 01:01:12.680
You can look at them.

1034
01:01:12.680 --> 01:01:17.040
See right here, NTC, that is a logo, right?

1035
01:01:17.040 --> 01:01:20.160
Nike Yardline, that is a wordmark.

1036
01:01:20.160 --> 01:01:22.880
So you've got all these different things

1037
01:01:22.880 --> 01:01:23.880
that you can use now.

1038
01:01:23.880 --> 01:01:25.440
Let me back up over here.

1039
01:01:26.440 --> 01:01:28.360
You can use, as long as you use that button,

1040
01:01:28.360 --> 01:01:30.400
just click on that button there.

1041
01:01:30.400 --> 01:01:32.520
On the top, this is image list.

1042
01:01:32.520 --> 01:01:34.240
All right, image list will allow you

1043
01:01:34.240 --> 01:01:37.000
to see all the different images one by one.

1044
01:01:37.000 --> 01:01:37.840
Okay?

1045
01:01:39.720 --> 01:01:42.600
Now, let me show you another thing here on the searches.

1046
01:01:42.600 --> 01:01:44.320
You see the Reds number?

1047
01:01:46.520 --> 01:01:48.160
Can everybody still hear me okay?

1048
01:01:52.120 --> 01:01:53.400
Oh, I can't hear people.

1049
01:01:53.400 --> 01:01:54.440
Ray, can you hear me?

1050
01:01:54.440 --> 01:01:55.280
We can hear you.

1051
01:01:55.280 --> 01:01:56.120
We can hear you.

1052
01:01:56.120 --> 01:01:56.960
Okay, good.

1053
01:01:56.960 --> 01:01:58.680
Just wanna make sure you can hear me okay.

1054
01:01:58.680 --> 01:01:59.520
All right.

1055
01:01:59.520 --> 01:02:00.360
You see the Reds number?

1056
01:02:00.360 --> 01:02:02.160
We're just behaving with that mute button.

1057
01:02:02.160 --> 01:02:06.000
All right, right here, Reds number.

1058
01:02:06.000 --> 01:02:09.000
That's your registration number, okay?

1059
01:02:09.000 --> 01:02:11.400
If there's no Reds number listed,

1060
01:02:11.400 --> 01:02:16.400
that means that they did not get a registered trademark yet.

1061
01:02:17.680 --> 01:02:19.960
Okay, that means it's still pending.

1062
01:02:19.960 --> 01:02:22.560
It's a trademark application that's still pending.

1063
01:02:22.600 --> 01:02:24.120
It's a trademark application that's been filed,

1064
01:02:24.120 --> 01:02:26.120
but it's still pending.

1065
01:02:26.120 --> 01:02:28.240
All right, once they get a Reds number,

1066
01:02:28.240 --> 01:02:30.400
that means they now have a registration.

1067
01:02:30.400 --> 01:02:32.000
When you get that Reds number,

1068
01:02:32.000 --> 01:02:35.320
that's when you can actually use your Circle R, okay?

1069
01:02:35.320 --> 01:02:36.520
So if you're trying to figure out,

1070
01:02:36.520 --> 01:02:38.600
can I use a Circle R now or not?

1071
01:02:38.600 --> 01:02:40.520
You need that Reds number.

1072
01:02:40.520 --> 01:02:43.240
When you get that Reds number, use your Circle R.

1073
01:02:43.240 --> 01:02:46.880
Until you get that Reds number, you can't use that Circle R.

1074
01:02:46.880 --> 01:02:48.040
If you're using a Circle R

1075
01:02:48.040 --> 01:02:49.920
before you get a registration number,

1076
01:02:49.920 --> 01:02:53.080
you can run into a lot of problems, okay?

1077
01:02:54.000 --> 01:02:56.480
All right, let me talk to you about one other thing.

1078
01:02:56.480 --> 01:02:58.400
I think, well, two other things real quickly,

1079
01:02:58.400 --> 01:03:00.600
and then we'll stop in five minutes, okay?

1080
01:03:02.480 --> 01:03:05.120
Let me stop sharing for one second.

1081
01:03:05.120 --> 01:03:06.560
Actually, let me show you one more thing here

1082
01:03:06.560 --> 01:03:07.880
before we jump off of this.

1083
01:03:08.760 --> 01:03:10.560
I just wanna show you a few other fields

1084
01:03:10.560 --> 01:03:12.000
that are really helpful.

1085
01:03:12.000 --> 01:03:14.720
If you click under the Field button,

1086
01:03:14.720 --> 01:03:17.160
a few other things that are really helpful, okay?

1087
01:03:17.880 --> 01:03:21.800
Goods and services, like I said,

1088
01:03:21.800 --> 01:03:25.720
that you can mention whatever you're using it on,

1089
01:03:25.720 --> 01:03:30.480
T-shirts, bags, jackets, pencils, pens, shoes,

1090
01:03:30.480 --> 01:03:33.480
bowling balls, whatever it is, you can list it there.

1091
01:03:33.480 --> 01:03:38.480
This next one here, international class, all right?

1092
01:03:39.000 --> 01:03:42.680
I'm gonna drop in the Facebook group tonight

1093
01:03:42.680 --> 01:03:45.920
a link to show you how to search

1094
01:03:45.920 --> 01:03:48.160
for the international class

1095
01:03:48.160 --> 01:03:51.320
that's associated with your goods and services.

1096
01:03:51.320 --> 01:03:56.040
Every single trademark falls into a international class,

1097
01:03:56.040 --> 01:03:57.680
every single one of them.

1098
01:03:57.680 --> 01:03:59.080
Every application that you file

1099
01:03:59.080 --> 01:04:01.560
will fall into a international class.

1100
01:04:01.560 --> 01:04:04.000
If it has to do with education, training,

1101
01:04:04.000 --> 01:04:07.440
like online training or anything like I'm doing here,

1102
01:04:07.440 --> 01:04:09.520
it's international class 41.

1103
01:04:09.520 --> 01:04:12.800
If it has to do with electronics, software,

1104
01:04:12.800 --> 01:04:14.920
that's international class nine.

1105
01:04:15.920 --> 01:04:19.440
Different goods have different international classes

1106
01:04:19.440 --> 01:04:20.560
and different services

1107
01:04:20.560 --> 01:04:22.640
have different international classes.

1108
01:04:22.640 --> 01:04:25.000
If you use the link that I'm gonna drop

1109
01:04:25.000 --> 01:04:27.360
in the Facebook group for you tonight

1110
01:04:27.360 --> 01:04:31.520
and you find where your goods or services belong,

1111
01:04:31.520 --> 01:04:33.440
you can actually type.

1112
01:04:33.440 --> 01:04:35.360
This is really, really neat

1113
01:04:35.360 --> 01:04:37.720
for doing an infringement analysis

1114
01:04:37.720 --> 01:04:41.640
is you can type here 009,

1115
01:04:41.640 --> 01:04:43.800
which is associated with software

1116
01:04:43.840 --> 01:04:48.840
and then type in something like Microsoft as a word mark.

1117
01:04:51.920 --> 01:04:53.800
And then the beauty of that

1118
01:04:53.800 --> 01:04:56.080
is it shows you all the trademarks

1119
01:04:56.080 --> 01:04:59.040
within that international class alone.

1120
01:04:59.040 --> 01:05:00.240
Why do you care?

1121
01:05:00.000 --> 01:05:06.320
care. The reason why you care is in that analysis of whether or not, when you're trying to determine,

1122
01:05:06.320 --> 01:05:11.240
am I going to get sued for using this name or not, right? And you're using the name Apple

1123
01:05:11.240 --> 01:05:16.660
for cell phones. Cell phones fall into international class nine. So why don't you do a search in

1124
01:05:16.660 --> 01:05:22.080
international class nine, right? So you look up Apple international class nine, because

1125
01:05:22.080 --> 01:05:26.240
that's where cell phones are. And then boom, you see the trademark right there. It shows

1126
01:05:26.240 --> 01:05:31.720
you immediately that somebody has a federally registered trademark, so you don't use it,

1127
01:05:31.720 --> 01:05:41.000
right? But let's say you wanted to use Apple for, um, uh, let's say ranges like stoves.

1128
01:05:41.000 --> 01:05:46.000
Okay. It's like you have this brand instead of biking, you want to call it Apple. All

1129
01:05:46.000 --> 01:05:53.160
right. Well, they don't have a stove line. So you might look for the international class

1130
01:05:53.160 --> 01:05:57.800
that's associated with stoves and see whether or not Apple is registered in there. And that

1131
01:05:57.800 --> 01:06:01.880
gives you an idea of whether or not you can use it or not. And once you get that information,

1132
01:06:01.880 --> 01:06:05.600
again, you gather that information and you give that to your attorney, you're cutting

1133
01:06:05.600 --> 01:06:11.720
down your costs by like three quarters, maybe even decreasing it by a third, sometimes half

1134
01:06:11.720 --> 01:06:17.920
as much in expense because you came prepared to your attorney. So it's really beneficial

1135
01:06:17.920 --> 01:06:23.200
to understand the international class. And tonight, before I leave here, I'm going to

1136
01:06:23.200 --> 01:06:28.560
drop a link for you where you can literally just go down the list and see where your goods

1137
01:06:28.560 --> 01:06:34.000
are or where your services are and see that's my international class. Now you can come into

1138
01:06:34.000 --> 01:06:39.280
this website and type in the international class and the word you want to search and

1139
01:06:39.280 --> 01:06:45.040
boom, you should be able to determine whether or not, um, it should be canceled immediately.

1140
01:06:45.040 --> 01:06:49.360
If it's not a canceled immediately, then you take those ones that look the best and you bring

1141
01:06:49.360 --> 01:06:54.880
those to your attorney to do a double check on stuff, but you don't go to them with 10 different

1142
01:06:54.880 --> 01:07:01.520
names because you're going to spend so much money. And I'd much rather you don't waste money

1143
01:07:01.520 --> 01:07:07.600
when you don't have to. Okay. Is this helping you guys? The trademark search helping you guys?

1144
01:07:07.600 --> 01:07:13.200
Good. Um, yes, this stuff is not as complex as some of the stuff we covered yesterday.

1145
01:07:13.840 --> 01:07:20.000
Um, now when we go into VIP in about 10 minutes, we're going to go deeper. Like I'm going to show

1146
01:07:20.000 --> 01:07:26.960
you how to do logo searches. I'm going to show you how to, um, do some, do some other tricks

1147
01:07:26.960 --> 01:07:31.840
to the trade to make things much more efficient, but everybody at this point should be able to go

1148
01:07:31.840 --> 01:07:40.720
to USPTO and your homework assignment is go to USPTO.gov. Look up the name of your company or

1149
01:07:40.720 --> 01:07:46.320
look up the name of your product or services, do a quick search, see what's out there. And if you

1150
01:07:46.320 --> 01:07:52.240
see something that looks pretty close to you, you may have an issue. And I can tell you from

1151
01:07:52.240 --> 01:07:59.040
experience about 20% of the people that are in the training, find out right off the bat,

1152
01:07:59.040 --> 01:08:04.800
oh my gosh, I have a trademark infringement issue. Here's the beauty of it. You now know

1153
01:08:04.800 --> 01:08:12.720
something you didn't know before. So don't, so please don't freak out. I had one person,

1154
01:08:12.720 --> 01:08:16.640
this was kind of funny, uh, probably a third time I ran this, which was a while ago.

1155
01:08:17.279 --> 01:08:22.160
She came to me and said, I've got like 14 different trademarks and like half of them

1156
01:08:22.160 --> 01:08:28.319
are infringing upon other people's trademarks. I said, well, at least now, you know, so you can

1157
01:08:28.319 --> 01:08:33.680
phase out certain things and you can modify things. At least you haven't been sued. So it's better to

1158
01:08:33.680 --> 01:08:39.359
know these things now. And then on top of that, if you're building a company, how awesome is it

1159
01:08:39.359 --> 01:08:45.439
that now you know how to determine whether or not the name that you're thinking of using is safe to

1160
01:08:45.439 --> 01:08:53.359
use? That's so important. You want to know if it's safe because if it is safe, awesome. Let's spend

1161
01:08:53.359 --> 01:08:59.439
all our money on our websites, on our, you know, our product packaging, our stationery, and we

1162
01:08:59.439 --> 01:09:04.800
don't have to worry about replacing it. Okay. All right. Let me take one more question and then

1163
01:09:04.800 --> 01:09:10.960
we're going to end for today. Oh yeah. Thanks for dropping that rate. If anybody's not on VIP and

1164
01:09:10.960 --> 01:09:18.319
you want to jump in, jump in guys. Um, because, uh, well after Wednesday, we don't let anybody

1165
01:09:18.319 --> 01:09:26.399
else into VIP because, um, it just gets too busy. Um, so we allow it kind of early, early in the

1166
01:09:26.399 --> 01:09:32.240
game. All right. I will see if anybody has a question. Just raise your virtual hand. Sonia.

1167
01:09:33.040 --> 01:09:40.000
Sonia's first. So you're in VIP, right? You are. Okay. Is anybody who's not in VIP?

1168
01:09:40.640 --> 01:09:44.640
Because I'm going to answer Sonia's question right away. So, uh, let's see.

1169
01:09:46.399 --> 01:09:52.880
We're getting some questions here in the chat. All right. Let me see, Sean. Um, let me see.

1170
01:09:53.600 --> 01:09:55.120
All right. Alicia, go ahead.

1171
01:09:57.360 --> 01:09:59.360
So I have a question.

1172
01:10:00.000 --> 01:10:04.280
I have a website called gospel vocalist.com.

1173
01:10:04.280 --> 01:10:05.520
It's called what?

1174
01:10:05.520 --> 01:10:09.560
Gospel vocalist.com, but it's one word.

1175
01:10:09.560 --> 01:10:12.760
Is that going to matter in the search?

1176
01:10:12.760 --> 01:10:16.400
I just used one word, and it came clear.

1177
01:10:16.400 --> 01:10:21.600
But is it wise to do the word separately as well?

1178
01:10:21.600 --> 01:10:23.800
That's a great question.

1179
01:10:23.800 --> 01:10:26.360
That's a really good question.

1180
01:10:26.360 --> 01:10:28.560
When you're doing your trademark searches,

1181
01:10:28.600 --> 01:10:31.160
I would search for each word separately.

1182
01:10:31.160 --> 01:10:32.760
That's what I would do, all right?

1183
01:10:32.760 --> 01:10:34.920
But what I would do is I would try to figure out

1184
01:10:34.920 --> 01:10:37.040
what's the international class associated

1185
01:10:37.040 --> 01:10:38.520
with my goods or services,

1186
01:10:38.520 --> 01:10:40.840
which I'm going to help you all out tonight.

1187
01:10:40.840 --> 01:10:43.000
I'm going to do two things for you guys tonight.

1188
01:10:43.000 --> 01:10:44.080
I'm going to drop the link,

1189
01:10:44.080 --> 01:10:48.560
and I'm going to do a live in the Facebook group

1190
01:10:48.560 --> 01:10:50.680
to give you guys a bonus, all right?

1191
01:10:50.680 --> 01:10:53.200
Just so you understand how to look this up,

1192
01:10:53.200 --> 01:10:56.400
I'm going to do it live so you guys can see it, okay?

1193
01:10:56.400 --> 01:10:58.360
I just want to make sure you guys get this.

1194
01:10:59.160 --> 01:11:00.960
It's a really cool tool to have.

1195
01:11:00.960 --> 01:11:02.120
If you know how to do this,

1196
01:11:02.120 --> 01:11:05.040
you will save so much time and money.

1197
01:11:05.040 --> 01:11:06.360
It's just so helpful.

1198
01:11:07.560 --> 01:11:11.240
So if you know the international class, right?

1199
01:11:11.240 --> 01:11:16.240
Let's say it's 41, and it's, what is it, gospel what?

1200
01:11:18.880 --> 01:11:21.800
Gospel vocalist.

1201
01:11:21.800 --> 01:11:23.560
Gospel vocalist.

1202
01:11:23.560 --> 01:11:27.000
And is it a group for gospel vocalists?

1203
01:11:27.000 --> 01:11:30.360
No, no, it's a service.

1204
01:11:30.360 --> 01:11:32.520
I write, I sing, I speak.

1205
01:11:34.080 --> 01:11:35.280
Okay, all right.

1206
01:11:35.280 --> 01:11:37.440
Just remember that thing I taught you about.

1207
01:11:37.440 --> 01:11:38.280
Sure, sure.

1208
01:11:38.280 --> 01:11:41.200
Just remember that thing I taught you about descriptiveness.

1209
01:11:41.200 --> 01:11:43.000
Just make sure it's not descriptive,

1210
01:11:43.000 --> 01:11:44.480
you know, if you're going for trademarks.

1211
01:11:44.480 --> 01:11:49.200
So would somebody use, like I'm not, this is not,

1212
01:11:49.200 --> 01:11:52.240
man, I almost went through an entire,

1213
01:11:52.240 --> 01:11:56.200
I almost went through an entire session without doing this.

1214
01:11:56.200 --> 01:11:57.040
I am amazing.

1215
01:11:57.040 --> 01:11:58.360
I'm so dehydrated this day.

1216
01:11:58.360 --> 01:12:03.360
I almost, yeah, I'm like, why are my lips parched?

1217
01:12:03.560 --> 01:12:04.680
I do not understand.

1218
01:12:04.680 --> 01:12:06.160
Why are my lips parched?

1219
01:12:06.160 --> 01:12:07.360
Now I understand.

1220
01:12:07.360 --> 01:12:10.720
Okay, thank you, Alicia, for keeping me hydrated.

1221
01:12:10.720 --> 01:12:13.520
This is not legal advice, okay?

1222
01:12:15.960 --> 01:12:17.880
I have said my piece here.

1223
01:12:17.880 --> 01:12:18.720
All right.

1224
01:12:22.000 --> 01:12:25.160
If something is descriptive, right?

1225
01:12:25.560 --> 01:12:28.240
If something is descriptive,

1226
01:12:28.240 --> 01:12:31.200
I personally would not use it.

1227
01:12:31.200 --> 01:12:33.320
The reason why is because,

1228
01:12:33.320 --> 01:12:34.960
and I'm not saying that's your situation, Alicia,

1229
01:12:34.960 --> 01:12:37.400
I'm just saying in general, right?

1230
01:12:37.400 --> 01:12:39.800
The reason why is because I'm gonna spend a lot of time

1231
01:12:39.800 --> 01:12:42.600
and money building up a market, all right?

1232
01:12:42.600 --> 01:12:44.880
I'm gonna get people to know my product

1233
01:12:44.880 --> 01:12:46.680
or my service very well,

1234
01:12:46.680 --> 01:12:49.440
and they're gonna identify it by the name.

1235
01:12:49.440 --> 01:12:50.400
That's how they're gonna know.

1236
01:12:50.400 --> 01:12:51.240
They're gonna know the name.

1237
01:12:51.240 --> 01:12:52.920
They're gonna hear the name and they're gonna go,

1238
01:12:52.920 --> 01:12:55.240
oh, that's the Protector Idea Challenge.

1239
01:12:55.240 --> 01:12:57.040
Oh man, dude, did you hear

1240
01:12:57.040 --> 01:12:58.760
about the Protector Idea Challenge?

1241
01:12:58.760 --> 01:13:00.640
You should join that, right?

1242
01:13:00.640 --> 01:13:04.120
And so because of that name is so important,

1243
01:13:04.120 --> 01:13:05.360
or like the Protection Portal,

1244
01:13:05.360 --> 01:13:07.200
do you hear about the Protection Portal?

1245
01:13:07.200 --> 01:13:08.200
You guys don't know about that.

1246
01:13:08.200 --> 01:13:09.840
You'll find out about that on Thursday.

1247
01:13:09.840 --> 01:13:11.600
So, you know, when you hear the name,

1248
01:13:11.600 --> 01:13:13.200
people are like, oh, I'm in the portal.

1249
01:13:13.200 --> 01:13:16.160
Like people literally, in some of the groups

1250
01:13:16.160 --> 01:13:18.520
that we are hanging out in a lot,

1251
01:13:18.520 --> 01:13:20.920
they'll literally say, I'm in the portal.

1252
01:13:20.960 --> 01:13:23.120
Like that kind of takes care of a certain thing

1253
01:13:23.120 --> 01:13:24.800
that's in their business, right?

1254
01:13:24.800 --> 01:13:27.200
So the name is so important.

1255
01:13:27.200 --> 01:13:29.840
Now, if I said, instead of calling it

1256
01:13:29.840 --> 01:13:31.000
the Protector Idea Challenge,

1257
01:13:31.000 --> 01:13:35.240
I called it the Teach You About IP Challenge.

1258
01:13:35.240 --> 01:13:37.880
I can't get a photo registration on that

1259
01:13:37.880 --> 01:13:40.040
in International Class 41

1260
01:13:40.040 --> 01:13:42.920
because I'm teaching you about ID.

1261
01:13:42.920 --> 01:13:44.800
So I can't get that name.

1262
01:13:44.800 --> 01:13:48.480
Now, what if I spent thousands of dollars

1263
01:13:48.480 --> 01:13:50.360
running ads under that name?

1264
01:13:50.360 --> 01:13:52.480
Some of you came here because of a Facebook ad.

1265
01:13:52.480 --> 01:13:54.680
How many people, just for my own knowledge,

1266
01:13:54.680 --> 01:13:57.000
how many people here came in from a Facebook ad?

1267
01:13:57.000 --> 01:13:57.840
Awesome.

1268
01:13:57.840 --> 01:13:59.680
So I can see that it is making sense.

1269
01:13:59.680 --> 01:14:00.520
It works.

1270
01:14:00.520 --> 01:14:01.360
Good.

1271
01:14:01.360 --> 01:14:02.200
I'm glad it works.

1272
01:14:03.200 --> 01:14:05.000
Because it's hard for me to get out there

1273
01:14:05.000 --> 01:14:07.640
and talk to everybody when I'm running a law firm, okay?

1274
01:14:07.640 --> 01:14:09.160
So I'm glad the ads work.

1275
01:14:09.160 --> 01:14:12.520
So the point being, I spend like, you know,

1276
01:14:12.520 --> 01:14:16.720
thousands of dollars to get people to understand

1277
01:14:16.720 --> 01:14:19.320
what is going on through ads, right?

1278
01:14:19.320 --> 01:14:20.360
Using what?

1279
01:14:20.360 --> 01:14:23.080
Protect Your Idea Challenge, right?

1280
01:14:23.080 --> 01:14:28.080
So if I had instead the Teach You IP Challenge,

1281
01:14:28.120 --> 01:14:30.720
then anybody could use that name.

1282
01:14:30.720 --> 01:14:32.640
Anybody could go out there and use that name.

1283
01:14:32.640 --> 01:14:35.480
Separate from that, I could never own it.

1284
01:14:35.480 --> 01:14:37.600
So the problem with that is that

1285
01:14:37.600 --> 01:14:40.120
now all of a sudden Alicia says, you know,

1286
01:14:40.120 --> 01:14:41.200
hey, I like that name.

1287
01:14:41.200 --> 01:14:42.240
I'm gonna start using it.

1288
01:14:42.240 --> 01:14:44.440
And then, you know, other people are using it

1289
01:14:44.440 --> 01:14:45.280
and Larissa does.

1290
01:14:45.280 --> 01:14:47.160
And Ray says, forget you, Peter.

1291
01:14:47.160 --> 01:14:48.720
I've been working for you for a year.

1292
01:14:49.000 --> 01:14:49.840
I'm done with you.

1293
01:14:49.840 --> 01:14:50.680
I'm gonna start my own business.

1294
01:14:50.680 --> 01:14:52.560
I'm gonna call it the Protect Your Idea Challenge,

1295
01:14:52.560 --> 01:14:53.760
you know, or whatever it is.

1296
01:14:53.760 --> 01:14:57.440
I can't stop these people, right?

1297
01:14:57.440 --> 01:15:00.200
Protect Your Idea Challenge is definitely protectable.

1298
01:15:00.000 --> 01:15:03.440
Teach you IP challenge is not protectable.

1299
01:15:03.440 --> 01:15:05.540
You see, that's why you gotta find out

1300
01:15:05.540 --> 01:15:07.780
whether or not it's descriptive.

1301
01:15:07.780 --> 01:15:11.540
And if it is descriptive, stop, do yourself a favor

1302
01:15:11.540 --> 01:15:13.400
because all the money that you're spending

1303
01:15:13.400 --> 01:15:18.120
on building up a brand, anybody will be able to step in

1304
01:15:18.120 --> 01:15:22.160
and take market share without you being able to do anything

1305
01:15:22.160 --> 01:15:24.680
because nobody's gonna come out there

1306
01:15:24.680 --> 01:15:28.020
and try to enforce a descriptive mark.

1307
01:15:28.020 --> 01:15:29.740
So, does that help?

1308
01:15:31.780 --> 01:15:36.780
I know your question is very specific on your name.

1309
01:15:36.780 --> 01:15:38.300
Yeah, it helps.

1310
01:15:38.300 --> 01:15:39.420
It sounds like I'm in trouble.

1311
01:15:39.420 --> 01:15:40.780
Yes, thank you.

1312
01:15:40.780 --> 01:15:42.940
I'm just throwing hints out there, sister.

1313
01:15:42.940 --> 01:15:44.180
Just throwing hints.

1314
01:15:44.180 --> 01:15:46.620
We're like, just a hint, just a hint, hint.

1315
01:15:48.860 --> 01:15:51.020
This is not legal advice.

1316
01:15:51.020 --> 01:15:54.460
I am just, I'm just speaking into the atmosphere.

1317
01:15:54.460 --> 01:15:56.060
Oh, look, there's a moth.

1318
01:15:56.060 --> 01:15:57.660
Hey, moth, did you know that there might be

1319
01:15:57.660 --> 01:16:00.060
descriptive terms mentioned every once in a while?

1320
01:16:00.060 --> 01:16:02.060
Yeah, that's just randomly speaking out loud.

1321
01:16:02.060 --> 01:16:02.900
That's all it is.

1322
01:16:04.380 --> 01:16:05.220
Just be careful.

1323
01:16:05.220 --> 01:16:08.420
And I'm telling you guys this because I care about you.

1324
01:16:08.420 --> 01:16:10.500
I want you guys to be successful.

1325
01:16:10.500 --> 01:16:15.020
And quite frankly, your name is very important.

1326
01:16:15.020 --> 01:16:17.140
You may not believe your name is important,

1327
01:16:17.140 --> 01:16:18.960
but I'm telling you, your name is probably

1328
01:16:18.960 --> 01:16:22.300
one of the most important things that's out there.

1329
01:16:22.300 --> 01:16:25.980
As an attorney, I do not sign a document with my name

1330
01:16:26.860 --> 01:16:28.660
unless I am 100% behind it.

1331
01:16:28.660 --> 01:16:31.420
I have driven lawyers crazy.

1332
01:16:31.420 --> 01:16:32.580
When they come over to me and say,

1333
01:16:32.580 --> 01:16:33.620
will you sign the document?

1334
01:16:33.620 --> 01:16:36.740
I say, no, I have to read the document.

1335
01:16:36.740 --> 01:16:39.740
And they say, well, I've reviewed it and I work for you.

1336
01:16:39.740 --> 01:16:41.460
I say, that's great.

1337
01:16:41.460 --> 01:16:43.100
I'm glad you work for me,

1338
01:16:43.100 --> 01:16:46.260
but I need to review the document before my name is on there.

1339
01:16:46.260 --> 01:16:49.540
Because when my name is on there, it's very important.

1340
01:16:49.540 --> 01:16:51.980
So just make sure that your name for your company,

1341
01:16:51.980 --> 01:16:54.500
your products, your services is safe.

1342
01:16:54.500 --> 01:16:57.980
And now you know how to do a good trademark search.

1343
01:16:57.980 --> 01:17:01.180
Go home, do searches, please.

1344
01:17:01.180 --> 01:17:02.700
The reason why I want you to do this

1345
01:17:02.700 --> 01:17:05.540
is because then you can go live in the Facebook group

1346
01:17:05.540 --> 01:17:06.900
and say, hey, this worked.

1347
01:17:06.900 --> 01:17:08.140
I didn't know I could do that.

1348
01:17:08.140 --> 01:17:09.140
This is great.

1349
01:17:09.140 --> 01:17:11.800
Or you might say, I don't understand this little thing.

1350
01:17:11.800 --> 01:17:13.020
What does this mean?

1351
01:17:13.020 --> 01:17:15.520
And then maybe we can do something to help you out.

1352
01:17:15.520 --> 01:17:18.100
Because I really want you guys to do well, okay?

1353
01:17:18.100 --> 01:17:20.140
All right, I'm gonna end there.

1354
01:17:20.140 --> 01:17:22.740
We went over, surprise, surprise.

1355
01:17:22.740 --> 01:17:24.660
We went over a little.

1356
01:17:24.660 --> 01:17:27.900
We're gonna take a eight minute break.

1357
01:17:27.900 --> 01:17:30.500
I'm gonna let Larissa close up with all of you.

1358
01:17:30.500 --> 01:17:31.500
Take an eight minute break.

1359
01:17:31.500 --> 01:17:35.700
At 8.30, we will jump into VIP, okay?

1360
01:17:35.700 --> 01:17:40.220
You and me and VIP, I will see you there.

1361
01:17:40.220 --> 01:17:41.740
Tee hee hee.

1362
01:17:41.740 --> 01:17:43.980
All right, I'll catch you guys later.

1363
01:17:43.980 --> 01:17:44.860
Bless you guys.

1364
01:17:44.860 --> 01:17:46.420
I'll see you, have a good night.