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Welcome, welcome, welcome and come on in.

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It's day three of the Protect Your Idea Challenge, July, August 2023.

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We are so glad to have you here.

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Come on in.

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Let's see.

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Hey, Sean.

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We got Sean and we got one of our alumni here.

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Oh, so good.

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Hey, Gail.

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Good to see you.

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Karen Baker, y'all.

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Karen and I go back.

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She's my Indiana girl.

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So happy to be here on camera.

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Tony, Tony.

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Tony, I never get, I never get tired of your hair.

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Like it keeps me constantly joyful.

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Tony is the best hair I've ever seen in my life.

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100%.

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Heather, Norman, welcome on in everybody.

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How amazing have the last two days been?

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Please get your chat open.

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We're looking for a couple of shares, some, a golden nugget, something you have learned

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who was willing to put your virtual hand up and say, I will speak out and say this bit

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of information, whatever bit it is, has changed my mind.

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It has changed how I'm going to do business.

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I'm going to implement this.

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They already have.

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So I'm looking for two or three people who would come on camera and share with the group

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here.

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Even if you've already shared it in Facebook, that's okay.

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Cause not everybody's paying attention over there.

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I mean, we want you to, but like, this is reality.

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This is on your honor.

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So let's get those virtual hands up the air or wave at me if your camera's on and say,

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I got to hear this.

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We want to hear it.

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Come on.

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We know this is good stuff.

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Yesterday we had Keith here from the Copyright Alliance, a first time ever giving us the

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brand new skivvy on copyrights and AI.

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So what are you learning?

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Who's got to share?

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I see Gail.

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I see Karen.

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Gail, let me get you spotlighted if you don't mind and you're unmuted.

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So we'll take it away.

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So he, yesterday when we were talking, he mentioned about how, so I do food packaging

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and I have an example, but what he was explaining was that there is a difference between your

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trademark, which is our logo and our design elements, which is our little flag.

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And then the whole thing as a unit, as a design, and he called it dress something, great dress.

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There you go.

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Yeah.

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And so I realized there's this huge gap in my checklist for all the things that we go

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through when we're putting products out there.

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And so I thought it was super interesting.

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That's what I learned yesterday.

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And it is going to change how we kind of scope these projects because, you know, it's pretty

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important that somebody could kind of steal the general look and feel of our products

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and then go to go up against us in the grocery stores.

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So kind of a big, a big one for me.

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Kind of big, fantastic share.

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We're so glad you're learning and growing.

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So thanks for sharing that with us, Gail.

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What's up, Karen Baker.

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Let me get you on the spotlight and take it away, girl.

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So good.

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All right.

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Yeah.

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Well, I'm excited.

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I didn't realize I was on mute earlier.

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So hey, Larissa.

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It's so great to see you.

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But yeah, I'm excited.

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I'm in marketing and business coaching.

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And so, you know, I work with so many entrepreneurs.

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So myself, I'm taking what I'm learning and going to implement it for my own business.

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And, you know, I've already referred one person from my radio marketing world to Peter.

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But now I have more information on my own that I can help people, empower people to

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get it right from the get go.

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So I'm excited.

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Awesome.

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So what's one of the nuggets that, you know, you've learned this week that it's just been

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really a big deal to you?

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You know, honestly, probably just in generally speaking overall, that what I just said, I

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had to miss last night.

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So I need to go back and rewatch and watch the replay now, but I'm excited to be back

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here for today.

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Well, we're so glad you're here.

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Thank you.

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It's great to know about what you do and what you're, how you're growing.

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So I love having you here.

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I mean, I've known her for a lot of years, not virtual, real years.

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One more share, one more person who wants to take the stage and, you know, tell us something

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that just blew their mind, changed, was like a pivot, was like, whoa, it was like the best

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thing they learned, or it was like, I'm glad I learned that right now.

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While you guys are also raising your virtual hand quickly, I just wanted to let you guys

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know that we're updating the links for day one and day two of the replays.

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So tomorrow morning, you're going to get an email.

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Now, and you'll have day one through three of the replays and those are all moving forward going to be the correct links. So we had, we had to change the upload. So ignore those initial replay links will get you the fresh ones tomorrow morning for all of them.

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Awesome. Isn't Ray awesome. Pamela, did I see you raising your hand at me. Did you want to share

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Yes.

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I was surprised. Well, not, I don't know, maybe not so surprised, but it was really good to have pointed out that if you mix platforms like

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mid journey with other AI platforms that you can't count on them being copyrightable and therefore you've actually you should just always go with the assumption that you can't count on something being copyrightable until you check it out.

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Confidential things have to be copyrighted, but like Peter was surprised when a zoom meeting was being recorded and that's confidential because he was speaking to specific people. So I think it's, there's a lot of

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fine lines and gray zones and especially the guest speaker was, it was really good to have his website and sort of up to date. I mean, you kind of always hear, well, you know, nobody's sure yet and they're working on it and all that, but there was a much more precise

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definition of what they're doing. And, you know, I think now is the time to just slide in and get anything you can done because it's good regulation will tighten up in the future. That's just a guess, but I don't know. And yeah, like everything that's original but is changed by AI or AI, which is then changed by you. That was a really

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important distinction, which, you know, if I do start using AI, I've just don't, I've only barely looked at chat GPT even though all my colleagues say you've got to do it, you've got to do it.

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You know, I, now that now that I see those two different ways of, like, I have a very long detailed outline, for instance, and I might, I don't know if I, if you can put that kind of thing into chat GPT and then ask for them to change it, make it better or, but at any rate, it's worth pursuing now. So that's, that's it. That's for me. That's all. Thanks.

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Awesome. Thank you, Pam.

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Well, we'll go ahead and take one more. Good. Tony. How are you, Tony?

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Good to see you. We got unmute you.

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Otherwise, we'll be protecting the mimes. Go ahead. Yeah, go ahead.

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You mentioned about life coaching, which I'm not one yet soon, you know, in the future, maybe, but you did say that all of our assets are our materials, and they all need to be protected like our handouts and our videos and our programs, and they all need to be like copyrighted

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is that correct?

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Right, right. Copyright. So we're going to go into trademarks today too. And so we'll hit some of the things like the names, the logos, the slogans, we'll go into that in some detail.

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Yeah.

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And also mid journey if you quit paying your bill, you lose it all.

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Yeah, that it's unfortunate, but a lot of these the AI software platforms that are out there, they'll give you that license the temporary license to use what you have in a commercial environment.

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The second that you stop paying them, your commercial license is now gone. So therefore, the thing that you created using their platform, you no longer can use because you no longer have a license to use what was created.

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It's, it's an interesting marketing and sales tactic that they've used in this area. And a lot of people aren't aware of it. I've been looking at some of the different policies that are laid out.

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And it's it's really concerning to me because a lot of people don't realize you stop paying you got to pull it from your marketing platform, your websites, your funnels, everything.

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But what if you're doing product packaging? What if you're selling product, like and it's actually on the cardboard box of the product that's being sold, and you stop your membership and now you don't have access to that anymore.

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Does that mean you now have to pull product from the shelves to change like and so a smart business person is going to anticipate by being in the Protector Idea Challenge, a really smart business person will be able to strategically plan the ending of the use of let's say a subscription of a software package.

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And, and set it up so that they don't stop until they're done with the sales of the product that has that logo on it or the marketing material that's utilizing what.

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with came from that specific AI platform.

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Like it's, if you're a savvy business person, you'll do it the right way.

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And what will happen is you'll decrease in volume, decrease in inventory.

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You decrease in inventory, sold out, turn off the license.

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Like that's, that's good timing.

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Then it's like, boom, it's off.

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So now it's, you're perfect.

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You got no issues at all.

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Um, but if people don't know that, like if they haven't been through his

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training, they think they're fine.

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And so we're anticipating a good number of lawsuits.

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They're going to be coming out for basically for contract enforcement

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and for copyright infringement by the owners of these companies.

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Uh, and the sad part is they know who you are because you create a subscription.

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Like, it's not like I'm trying to find who exactly are the people

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that are infringing my copyright.

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Like I already know because you bought the service from me.

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Like literally that's what they're thinking.

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Like, I know who you are.

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I know where you live.

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I know your credit card number, and now you're no longer taking a license.

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So what do you think is going to happen after a little while?

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They're going to look to see whether or not their content is still being used.

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If it is people will get ping, you know, cease and desist, you'll pass

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back royalties of X amount plus this, this extra surcharge for our attorneys

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or whatever, like, you're going to see that stuff start manifest.

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And this kind of alludes towards one thing I want to cover with you guys

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before I jump into all the trademark stuff, um, I had one person in particular

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kind of asked me a question about my background and, um, like, why am I doing

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this?

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Why leave my last law firm?

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Let me take like a minute or two, just so you guys understand like why I'm doing

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this, like what, what exactly is the purpose behind this?

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And some people right now, you might go, who cares?

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I want to hear more about AI.

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All right.

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Well, bear with me, bear with me for a minute.

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Okay.

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This is important because honestly, if you're in this network and you

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potentially may be in this network for a year going forward, it's good for you to

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understand who's mentoring you and what exactly is going on behind the scenes.

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So I was the chair of the IP department at she and Finney Bass and green.

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Um, I worked there for 17 years.

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Uh, it had an IP department that had just started.

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I added the patent law department to it.

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Uh, we ended up becoming for the last 10 years, the number one IP group in

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New Hampshire, year after year after year ranked by, um, ranked consistently

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year after year as the, as the tier one law firm in IP, right.

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Which was great.

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I mean, it was great.

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Um, like I'd been the number one originator for clients for years.

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Then I moved to number two, which is fine.

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Cause I was spending more time with my family.

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It was great.

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Everything was great.

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Then all of a sudden I had this calling, right?

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This calling started about a year ago.

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Uh, actually it started about two years ago.

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And the thing is, uh, for those of you that don't know, don't know, like this

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tan that I have, it's, it's, it's not just cause I'm out in the sun.

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I'm actually Puerto Rican.

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Right.

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So I'm a minority.

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Okay.

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There you go.

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Ooh, news, uh, news, uh, new flash.

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So this is what happens in New Hampshire.

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The number of minority lawyers is almost non-existent.

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Okay.

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It's extremely, extremely low, very, very low.

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So the people in New Hampshire wanted to have legal representation

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by lawyers that were like them.

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Quote unquote, Hispanics want to be represented by Hispanics.

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Black people want to be represented by blacks, right?

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Like Mexicans want to be represented by Mexicans.

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Japanese want to be represented by Japanese.

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Not just because of legal issues, but because of cultural differences.

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So they wanted this, but the problem is in New Hampshire, it didn't exist.

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So I made it one of my top agendas to try to find a way to bring additional

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minority lawyers into New Hampshire.

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Okay.

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And just so you guys know, I'm probably going to go like 10 minutes over

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since I'm giving you story time now, but I think this is important for you guys

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to understand what, how this challenge came about and why we're doing this going

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forward.

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So, um, I worked, I worked with UNH school of law to create the diversity,

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equity, inclusion, scholarship, uh, scholarship program.

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First one ever, right.

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We give scholarships to three minority students every year to

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let them go into law school.

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Um, I worked with several law firms to create the first ever, uh, one L first

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year law student internship program.

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Never existed in the history of New Hampshire.

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The way it works is that if you're in a first, your first year law student in

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one of these different law schools, we will give you a position in a

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law firm in your first year.

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Unheard of no law firms want to hire a one L because you lose money on them,

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but we created that program.

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So now the minority students.

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are now getting an opportunity to see what it's

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like to work in a real law firm.

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Then on top of that, the Supreme Court reached out to me.

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Chief Justice reached out to me and asked me

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if I would be on the diversity, equity, inclusion

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directive group for the Supreme Court.

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I said yes.

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That's a multiple year commitment.

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Then on top of that, I love to train people, teach people.

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The reason why is because I'm a litigator

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and I'm a prosecutor.

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So I've seen people like yourselves

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00:15:32.160 --> 00:15:36.080
end up in horrible situations, lose their businesses,

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lose their retirement plans, lose all sorts of things

239
00:15:39.640 --> 00:15:41.640
because they don't understand the basics

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00:15:41.640 --> 00:15:43.800
of intellectual property law.

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The problem is that lawyers have a billable hour requirement.

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You have to make a certain number of billable hours

243
00:15:51.120 --> 00:15:52.280
by the end of the year.

244
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If you don't, it will affect your personal compensation,

245
00:15:55.640 --> 00:15:57.520
your bonus, everything.

246
00:15:57.520 --> 00:16:03.680
So there is no way for me to follow this calling in my heart

247
00:16:03.680 --> 00:16:06.040
to help with the diversity issue in New Hampshire

248
00:16:06.040 --> 00:16:12.080
plus train all of you in what I'm teaching you on.

249
00:16:12.080 --> 00:16:15.880
There is no way to do all of that and at the same time

250
00:16:15.880 --> 00:16:18.240
meet a billable hour requirement.

251
00:16:18.240 --> 00:16:20.760
And I never miss my billable hour requirement.

252
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I'm one of the few lawyers that if I say I'm going to do

253
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something, it's going to get done.

254
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It will get done.

255
00:16:26.920 --> 00:16:29.920
So it came towards the end of the year.

256
00:16:29.920 --> 00:16:33.480
All these things were happening, putting it all together.

257
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And I did an assessment.

258
00:16:34.560 --> 00:16:38.240
And I said, look, this calling is growing bigger and bigger.

259
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I need to focus on it.

260
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And the result is I left my law firm.

261
00:16:42.560 --> 00:16:45.600
I left as the head of Sheehan, Finney, Bass, and Green's IP

262
00:16:45.600 --> 00:16:48.880
group, the founder of the Patent Law Department,

263
00:16:48.880 --> 00:16:51.400
the second largest originator there.

264
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I've been named in Woodward White

265
00:16:53.600 --> 00:16:57.880
as I've been named lawyer of the year, super lawyer,

266
00:16:57.880 --> 00:17:00.520
best lawyers, whatever other lawyers.

267
00:17:00.520 --> 00:17:03.600
I've got all the accolades, praise God.

268
00:17:03.600 --> 00:17:07.839
But I left so I could do this on my own time.

269
00:17:07.839 --> 00:17:09.800
I have no billable hour requirements.

270
00:17:09.800 --> 00:17:14.119
I can serve the people that need the support the most.

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And at the same time, I also found a lot of my clients

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00:17:18.760 --> 00:17:20.920
wanted to go with me.

273
00:17:20.920 --> 00:17:22.839
They're like, where do you think you're going?

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00:17:23.440 --> 00:17:25.800
Hey, remember me?

275
00:17:25.800 --> 00:17:30.000
MIT and all the other ones, they're like, hey, remember me?

276
00:17:30.000 --> 00:17:31.320
Am I going?

277
00:17:31.320 --> 00:17:35.160
And I was like, yes, I'm going to form my own law firm.

278
00:17:35.160 --> 00:17:37.600
And so I let them all know, hey, look,

279
00:17:37.600 --> 00:17:40.560
you can stay here at this firm, you can go to your own firm,

280
00:17:40.560 --> 00:17:42.480
or you can go with me to my own firm.

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00:17:42.480 --> 00:17:44.040
Every single client went with me,

282
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which to me just kind of brought tears to my eyes.

283
00:17:46.600 --> 00:17:51.440
So the whole point is that's why I'm here.

284
00:17:51.440 --> 00:17:56.240
So this stuff is so important for you guys

285
00:17:56.240 --> 00:18:00.800
to understand because one litigation matter will shut

286
00:18:00.800 --> 00:18:03.640
down a company, one.

287
00:18:03.640 --> 00:18:07.360
One legal issue will set you behind $20,000

288
00:18:07.360 --> 00:18:08.960
because you didn't know something

289
00:18:08.960 --> 00:18:10.840
that you're going to learn here.

290
00:18:10.840 --> 00:18:13.000
That's why I did this, OK?

291
00:18:13.000 --> 00:18:14.440
So now the background's done.

292
00:18:14.440 --> 00:18:17.120
You guys know, it's all been revealed.

293
00:18:17.120 --> 00:18:18.360
Nothing's hidden.

294
00:18:18.360 --> 00:18:19.600
That's the whole story.

295
00:18:19.600 --> 00:18:20.880
That's what's going on.

296
00:18:20.880 --> 00:18:23.640
Let's jump into trademarks, OK?

297
00:18:23.640 --> 00:18:26.720
So I'm going to jump in there now.

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00:18:26.720 --> 00:18:30.840
Today we're going to cover, gosh, we're

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00:18:30.840 --> 00:18:32.440
going to cover a number of things.

300
00:18:32.440 --> 00:18:35.320
I'm going to help you understand what trademarks are.

301
00:18:35.320 --> 00:18:38.600
I'm going to help you understand what kind of things they cover,

302
00:18:38.600 --> 00:18:40.800
what's the protection you have, certain legal rights

303
00:18:40.800 --> 00:18:44.680
that you already have that you never knew of.

304
00:18:44.680 --> 00:18:48.560
Matter of fact, you may never have filed anything.

305
00:18:48.560 --> 00:18:50.600
You may have never filed a trademark application

306
00:18:50.600 --> 00:18:54.400
or anything, yet you already have trademark rights.

307
00:18:54.400 --> 00:18:56.160
That should kind of blow your mind.

308
00:18:56.160 --> 00:18:56.920
Hold it.

309
00:18:56.920 --> 00:18:58.680
You mean I didn't spend a penny and I have?

310
00:18:58.680 --> 00:19:00.160
Yes, that's correct.

311
00:19:00.160 --> 00:19:02.440
You could have certain legal rights

312
00:19:02.440 --> 00:19:05.440
without having spent a single penny.

313
00:19:05.440 --> 00:19:06.640
I'm going to talk about that.

314
00:19:06.640 --> 00:19:08.960
That's called common law rights, OK?

315
00:19:08.960 --> 00:19:12.000
But let's kind of take it from the top.

316
00:19:12.000 --> 00:19:13.440
What's a trademark?

317
00:19:13.440 --> 00:19:14.760
How do they work?

318
00:19:14.760 --> 00:19:16.400
Let's just start from the top.

319
00:19:16.400 --> 00:19:18.400
Now, for some of you here that are here

320
00:19:18.400 --> 00:19:20.360
for the artificial intelligence side,

321
00:19:20.360 --> 00:19:23.160
you're probably thinking, well, what

322
00:19:23.160 --> 00:19:25.200
does this have to do with artificial intelligence?

323
00:19:25.200 --> 00:19:27.880
It's all going to come together, all right?

324
00:19:27.880 --> 00:19:31.400
You can't understand why it is that using

325
00:19:31.400 --> 00:19:33.880
the result of this certain AI program

326
00:19:33.880 --> 00:19:35.800
is going to get you sued if you don't understand

327
00:19:35.800 --> 00:19:38.920
the principle behind the law.

328
00:19:38.920 --> 00:19:39.880
Do you get it?

329
00:19:39.880 --> 00:19:44.720
I can't tell you you're going to be poisoned by eating food

330
00:19:44.720 --> 00:19:48.160
and never tell you what category of food

331
00:19:48.160 --> 00:19:50.000
is going to result in you being poisoned.

332
00:19:50.080 --> 00:19:52.040
I have to at least identify what food is

333
00:19:52.040 --> 00:19:53.320
if you don't know what food is.

334
00:19:53.320 --> 00:19:55.120
Now you know what food is, great.

335
00:19:55.120 --> 00:19:57.120
Now I tell you this is the type of food not to do.

336
00:19:57.120 --> 00:19:59.200
You're like, OK, cool, great.

337
00:19:59.200 --> 00:20:01.320
If I just come to you one day.

338
00:20:00.000 --> 00:20:01.160
They say, don't eat food.

339
00:20:01.160 --> 00:20:02.200
It's an item in food.

340
00:20:02.200 --> 00:20:03.320
It's going to kill you.

341
00:20:03.320 --> 00:20:04.840
You're like, huh?

342
00:20:04.840 --> 00:20:06.000
What?

343
00:20:06.000 --> 00:20:09.000
That's what I need to do, even on the artificial intelligence

344
00:20:09.000 --> 00:20:09.480
side.

345
00:20:09.480 --> 00:20:13.120
I need to get you to understand certain concepts.

346
00:20:13.120 --> 00:20:15.840
So we're going to jump into trademarks now.

347
00:20:15.840 --> 00:20:18.660
So a trademark, it's an identification

348
00:20:18.660 --> 00:20:20.080
of a source of goods, whether or not

349
00:20:20.080 --> 00:20:21.640
you know what the source of goods is.

350
00:20:21.640 --> 00:20:25.520
That's a legal definition, which to me kind of stinks.

351
00:20:25.520 --> 00:20:28.680
But I'm going to explain to you what it actually means, OK?

352
00:20:28.680 --> 00:20:34.840
So when you see a logo, or a name, or a slogan,

353
00:20:34.840 --> 00:20:41.480
when you see that, it identifies to you a certain quality,

354
00:20:41.480 --> 00:20:45.120
a certain cost, a certain characteristic,

355
00:20:45.120 --> 00:20:46.560
a certain feeling.

356
00:20:46.560 --> 00:20:50.440
There's something about that trademark that makes you go,

357
00:20:50.440 --> 00:20:52.080
I want to buy that thing.

358
00:20:52.080 --> 00:20:54.680
Like if I went over to, let's say, Erica right now,

359
00:20:54.680 --> 00:21:00.720
and said, Erica, I am going to buy you a new pair of shoes.

360
00:21:00.720 --> 00:21:03.640
I'm going to buy you a brand new pair of sneakers.

361
00:21:03.640 --> 00:21:05.120
I used this example once before.

362
00:21:05.120 --> 00:21:06.400
I thought it was really good.

363
00:21:06.400 --> 00:21:08.680
So I said, I'm going to buy you a new pair of sneakers.

364
00:21:08.680 --> 00:21:10.640
So Erica, is that cool?

365
00:21:10.640 --> 00:21:11.720
You cool with that?

366
00:21:11.720 --> 00:21:12.220
Yeah?

367
00:21:12.220 --> 00:21:12.720
Cool.

368
00:21:12.720 --> 00:21:16.080
All right, so here's the thing.

369
00:21:16.080 --> 00:21:18.040
So as of right now, do you feel pretty good

370
00:21:18.040 --> 00:21:19.520
that I said I'm going to buy you sneakers?

371
00:21:19.520 --> 00:21:20.800
Like you're not going to have to spend a penny.

372
00:21:20.800 --> 00:21:21.520
That's pretty cool, right?

373
00:21:21.520 --> 00:21:22.200
All right.

374
00:21:22.200 --> 00:21:24.320
So Erica, I'm going to take you, and you and I

375
00:21:24.360 --> 00:21:26.960
are going to go in the car to the dollar store.

376
00:21:26.960 --> 00:21:28.460
I'm going to buy you those sneakers.

377
00:21:28.460 --> 00:21:28.960
What?

378
00:21:28.960 --> 00:21:30.240
She's laughing now.

379
00:21:30.240 --> 00:21:30.960
Like what?

380
00:21:30.960 --> 00:21:33.000
All I said was the dollar store.

381
00:21:33.000 --> 00:21:33.920
Now she's laughing.

382
00:21:33.920 --> 00:21:35.280
She's laughing, right?

383
00:21:35.280 --> 00:21:39.640
So just the name, the dollar store,

384
00:21:39.640 --> 00:21:41.560
was enough to give you an impression of,

385
00:21:41.560 --> 00:21:44.400
there's not a lot of value in what's coming, right?

386
00:21:44.400 --> 00:21:46.000
But if I said to her instead, hey,

387
00:21:46.000 --> 00:21:48.640
we're going to go to the Nike store, right?

388
00:21:48.640 --> 00:21:51.240
Like, would you feel better about that than a dollar store?

389
00:21:51.240 --> 00:21:53.920
Obviously, because there's sneakers there

390
00:21:54.000 --> 00:22:00.560
that go from anywhere from $70 to like $25,000

391
00:22:00.560 --> 00:22:02.000
at a Nike store.

392
00:22:02.000 --> 00:22:05.200
And so it's just the name that's that powerful.

393
00:22:05.200 --> 00:22:08.320
So your name is extremely powerful

394
00:22:08.320 --> 00:22:09.680
when you have a business.

395
00:22:09.680 --> 00:22:14.520
The question is really, what are the different kinds

396
00:22:14.520 --> 00:22:15.960
of trademarks that are out there?

397
00:22:15.960 --> 00:22:19.160
Like, what are the different things that can potentially be

398
00:22:19.160 --> 00:22:20.720
that you can obtain protection for?

399
00:22:20.720 --> 00:22:24.600
There are things called logos, like your designs, right?

400
00:22:24.600 --> 00:22:26.000
But then separate from that, there

401
00:22:26.000 --> 00:22:29.200
are names, like the name Nike.

402
00:22:29.200 --> 00:22:31.680
A logo would be the Nike swoosh, right?

403
00:22:31.680 --> 00:22:33.200
That's a good example.

404
00:22:33.200 --> 00:22:34.760
And then separate from that, there's

405
00:22:34.760 --> 00:22:39.640
slogans, which are several words put together, like just do it.

406
00:22:39.640 --> 00:22:41.160
That's a slogan.

407
00:22:41.160 --> 00:22:44.880
All three of those things are trademarks.

408
00:22:44.880 --> 00:22:46.480
They're all trademarks.

409
00:22:46.480 --> 00:22:49.400
All the stuff we're going to talk about pertains to those,

410
00:22:49.400 --> 00:22:53.240
the logos, the slogans, the words, all of that.

411
00:22:53.240 --> 00:22:56.680
Now, ironically, you could actually also protect color,

412
00:22:56.680 --> 00:22:58.360
smell.

413
00:22:58.360 --> 00:22:59.760
You can protect sound.

414
00:22:59.760 --> 00:23:01.880
All those things are protected by trademark.

415
00:23:01.880 --> 00:23:03.960
Most people don't do that.

416
00:23:03.960 --> 00:23:06.480
But I mean, I obtained trademark protection

417
00:23:06.480 --> 00:23:10.000
for the color blue associated with audio receivers

418
00:23:10.000 --> 00:23:11.360
for one of my clients.

419
00:23:11.360 --> 00:23:13.880
So they own the color blue, that specific color.

420
00:23:13.880 --> 00:23:14.960
It's theirs.

421
00:23:14.960 --> 00:23:17.760
Nobody else can use that color in audio receiver.

422
00:23:17.760 --> 00:23:22.160
So for that reason, trademarks can be really powerful.

423
00:23:22.160 --> 00:23:24.680
Now, one thing I kind of walked you guys through before

424
00:23:24.680 --> 00:23:32.480
was, if you have a name for your company, your company name

425
00:23:32.480 --> 00:23:34.280
is just that.

426
00:23:34.280 --> 00:23:35.320
It's a company name.

427
00:23:35.320 --> 00:23:37.240
If you go to the Secretary of State's website

428
00:23:37.240 --> 00:23:39.560
and you do a search, that's not a trademark.

429
00:23:39.560 --> 00:23:41.840
That's not a federal trademark search.

430
00:23:41.840 --> 00:23:45.920
What you've done is you have searched for business names.

431
00:23:45.960 --> 00:23:48.160
So just because your business name is clear

432
00:23:48.160 --> 00:23:51.400
doesn't mean you can use your business name.

433
00:23:51.400 --> 00:23:52.800
Does that make sense?

434
00:23:52.800 --> 00:23:54.160
That might be a little confusing.

435
00:23:54.160 --> 00:23:54.600
All right, good.

436
00:23:54.600 --> 00:23:55.720
I got somebody shaking their head.

437
00:23:55.720 --> 00:23:56.200
Good.

438
00:23:56.200 --> 00:23:57.720
Let me explain what that means.

439
00:23:57.720 --> 00:24:00.000
I go to the Secretary of State's site.

440
00:24:00.000 --> 00:24:01.360
I'm going to give you an example.

441
00:24:01.360 --> 00:24:02.440
I'm going to go right now.

442
00:24:02.440 --> 00:24:04.960
Let me open up this one here.

443
00:24:04.960 --> 00:24:06.000
Let me share my screen.

444
00:24:09.160 --> 00:24:13.320
This is the Secretary of State's site for New Hampshire,

445
00:24:13.320 --> 00:24:15.640
right here.

446
00:24:15.720 --> 00:24:20.120
I go in here and I type in a name, whatever it is.

447
00:24:20.120 --> 00:24:25.360
Let's say Mintz.

448
00:24:25.360 --> 00:24:26.760
Just Mintz.

449
00:24:26.760 --> 00:24:29.520
I search that.

450
00:24:29.520 --> 00:24:32.560
When I do the search, I wait for results.

451
00:24:36.680 --> 00:24:37.920
And I wait for results.

452
00:24:41.720 --> 00:24:43.760
And I wait for results.

453
00:24:43.800 --> 00:24:46.000
Man, that's taking a long time.

454
00:24:46.000 --> 00:24:46.600
There we go.

455
00:24:46.600 --> 00:24:47.520
All right.

456
00:24:47.520 --> 00:24:51.360
So the only company with the name Mintz

457
00:24:51.360 --> 00:24:54.200
that's registered in New Hampshire is Mintz Levin.

458
00:24:54.200 --> 00:24:56.200
That's it, which is a law firm.

459
00:24:56.200 --> 00:24:57.240
OK, that's it.

460
00:24:57.240 --> 00:25:00.400
So I go on here and I go, awesome.

461
00:25:00.000 --> 00:25:01.840
This is awesome.

462
00:25:01.840 --> 00:25:06.320
I can now go use the name Mintz for my company.

463
00:25:06.320 --> 00:25:07.140
Well, here's the thing.

464
00:25:07.140 --> 00:25:10.320
If you go to uspto.gov,

465
00:25:11.880 --> 00:25:13.000
and you do a trademark,

466
00:25:13.000 --> 00:25:15.000
I'm gonna walk you guys through how to do

467
00:25:15.840 --> 00:25:17.920
a quick trademark search.

468
00:25:17.920 --> 00:25:20.660
And I type in the name M-I-N-T-Z,

469
00:25:22.040 --> 00:25:26.080
there's 27 records where there's been a federal registration

470
00:25:26.080 --> 00:25:27.240
for the name Mintz.

471
00:25:27.240 --> 00:25:29.800
So while I did a search at the Secretary of State

472
00:25:30.640 --> 00:25:32.200
to see if I could get that business name

473
00:25:32.200 --> 00:25:33.720
and use that business name,

474
00:25:33.720 --> 00:25:35.440
the second I use that business name,

475
00:25:35.440 --> 00:25:38.560
I might walk into trademark infringement.

476
00:25:40.360 --> 00:25:41.640
That's why I'm telling you,

477
00:25:41.640 --> 00:25:42.720
if you have a business name

478
00:25:42.720 --> 00:25:45.920
or you have a product name or a logo,

479
00:25:45.920 --> 00:25:49.680
make sure you do a trademark search, okay?

480
00:25:49.680 --> 00:25:51.440
Now, for those of you that are in VIP,

481
00:25:51.440 --> 00:25:52.680
we're gonna spend a lot of time

482
00:25:52.680 --> 00:25:54.640
doing trademark search later today.

483
00:25:54.640 --> 00:25:56.440
I'm gonna do a quick one here now

484
00:25:56.440 --> 00:25:58.080
so people can see what it's like.

485
00:25:59.000 --> 00:26:00.400
I'll do it actually in a minute,

486
00:26:00.400 --> 00:26:02.000
I'll try to explain a little more.

487
00:26:02.000 --> 00:26:03.760
But the whole point being,

488
00:26:03.760 --> 00:26:05.760
you've gotta be really careful, guys.

489
00:26:05.760 --> 00:26:08.480
You can't just see that the name is clear

490
00:26:08.480 --> 00:26:10.160
with the Secretary of State and then start using it.

491
00:26:10.160 --> 00:26:12.640
You'll run it, you'll walk into a lawsuit

492
00:26:12.640 --> 00:26:14.200
and you don't need that, all right?

493
00:26:14.200 --> 00:26:16.360
It's something very simple to resolve

494
00:26:16.360 --> 00:26:19.440
and I'll show you guys how to do that in a few minutes, okay?

495
00:26:20.720 --> 00:26:22.680
All right, so now,

496
00:26:22.680 --> 00:26:26.720
what about this idea of having certain legal rights,

497
00:26:26.720 --> 00:26:28.800
even though you didn't file anything yet?

498
00:26:29.880 --> 00:26:34.680
So let's say Mary Lou, Mary Lou has a company

499
00:26:34.680 --> 00:26:38.200
and what she does is she sells hamburgers

500
00:26:38.200 --> 00:26:42.040
and it's called Mary Lou Burgers, right?

501
00:26:42.040 --> 00:26:44.440
And so Mary Lou's selling these burgers

502
00:26:44.440 --> 00:26:46.240
and they're the best burgers around

503
00:26:46.240 --> 00:26:48.280
and she's in Destin, Florida.

504
00:26:48.280 --> 00:26:50.480
And everybody wants, like, if they're in Florida,

505
00:26:50.480 --> 00:26:51.880
they all go to Destin, Florida

506
00:26:51.880 --> 00:26:54.360
so they can get Mary Lou's burgers, right?

507
00:26:54.360 --> 00:26:58.560
Now, I'm gonna use my name,

508
00:26:58.560 --> 00:27:00.000
I'm not gonna make anybody look bad.

509
00:27:00.000 --> 00:27:05.000
So Peter decides to create a hamburger company too

510
00:27:05.240 --> 00:27:07.440
and it's called Mary Lou.

511
00:27:07.440 --> 00:27:11.640
And I created in New York City, okay?

512
00:27:11.640 --> 00:27:16.640
Now, Mary Lou's been using the name Mary Lou Burgers

513
00:27:17.120 --> 00:27:19.240
in Destin, Florida.

514
00:27:19.240 --> 00:27:22.960
Let's say that I file for federal rights

515
00:27:22.960 --> 00:27:25.840
throughout all of the United States

516
00:27:25.840 --> 00:27:29.000
and I get a registration,

517
00:27:29.000 --> 00:27:32.480
a federal registration for Mary Lou Burgers myself.

518
00:27:34.040 --> 00:27:36.680
I now own all of the United States

519
00:27:36.680 --> 00:27:40.760
except where Mary Lou has been using

520
00:27:40.760 --> 00:27:45.760
the name Mary Lou Burgers prior to my date of first use

521
00:27:46.120 --> 00:27:50.120
and prior to my date of actually getting

522
00:27:50.120 --> 00:27:52.040
the filing of the application

523
00:27:52.040 --> 00:27:53.560
for the registration of the application.

524
00:27:53.560 --> 00:27:55.960
So let me put it all, make it really simple.

525
00:27:56.920 --> 00:28:00.680
You have certain legal rights just by using a trademark,

526
00:28:00.680 --> 00:28:02.680
as long as it's used in interstate commerce,

527
00:28:02.680 --> 00:28:04.640
that means across state lines.

528
00:28:04.640 --> 00:28:06.400
You also have certain legal rights

529
00:28:06.400 --> 00:28:08.480
just using it within your state.

530
00:28:08.480 --> 00:28:11.560
That's called intrastate rights, okay?

531
00:28:11.560 --> 00:28:13.920
So if you're using a name

532
00:28:13.920 --> 00:28:16.760
and you haven't gotten the federal registration yet,

533
00:28:16.760 --> 00:28:21.560
you may be okay just in using it.

534
00:28:21.560 --> 00:28:24.520
However, if somebody else gets a federal registration

535
00:28:24.520 --> 00:28:27.880
for that same name, they have now shut down your market

536
00:28:27.880 --> 00:28:29.720
every single place in the United States

537
00:28:29.720 --> 00:28:31.720
except where you've already done sales.

538
00:28:32.720 --> 00:28:34.160
Does that make sense?

539
00:28:34.160 --> 00:28:38.200
So this is the importance of a federal registration.

540
00:28:39.200 --> 00:28:41.920
A federal registration is a trademark application

541
00:28:41.920 --> 00:28:43.640
that you file with the United States Patent

542
00:28:43.640 --> 00:28:44.960
and Trademark Office.

543
00:28:44.960 --> 00:28:47.560
You file directly with the United States

544
00:28:47.560 --> 00:28:49.360
Patent and Trademark Office, okay?

545
00:28:49.360 --> 00:28:52.960
Or you hire somebody else to file it for you.

546
00:28:52.960 --> 00:28:56.160
That filing is called a federal trademark application.

547
00:28:56.160 --> 00:28:57.360
When you get that registration,

548
00:28:57.360 --> 00:28:59.080
you own all the United States.

549
00:28:59.080 --> 00:29:00.480
But under common law,

550
00:29:00.480 --> 00:29:04.280
anybody who's used it prior to your first filing date

551
00:29:04.280 --> 00:29:08.480
actually beats you and you can't shut them down.

552
00:29:08.480 --> 00:29:11.040
But the legal rights are only, again,

553
00:29:11.040 --> 00:29:14.200
only for the specific geographical region

554
00:29:14.200 --> 00:29:16.000
where it's been used.

555
00:29:16.000 --> 00:29:20.280
So common law is only for the specific geographical region

556
00:29:20.280 --> 00:29:22.320
where it's been used, no other place.

557
00:29:22.320 --> 00:29:25.440
Federal registration gives you all the United States.

558
00:29:25.440 --> 00:29:27.920
A state registration gives you the state.

559
00:29:28.960 --> 00:29:30.840
This is why I tell everybody,

560
00:29:30.840 --> 00:29:34.280
if you are going to be selling your product

561
00:29:34.280 --> 00:29:36.680
or providing your service in multiple states,

562
00:29:36.680 --> 00:29:39.200
don't file state registrations.

563
00:29:39.200 --> 00:29:41.200
File one federal application.

564
00:29:42.400 --> 00:29:45.600
One federal application will cover all the United States

565
00:29:46.200 --> 00:29:48.480
as opposed to, I'm selling in four different states.

566
00:29:48.480 --> 00:29:50.480
I got to file in four different states.

567
00:29:51.920 --> 00:29:53.800
Just don't waste the money doing that.

568
00:29:53.800 --> 00:29:55.520
File one trademark application

569
00:29:55.520 --> 00:29:58.240
and own all of the United States.

570
00:29:58.240 --> 00:29:59.560
That's pretty powerful.

571
00:30:00.000 --> 00:30:02.320
way I would go personally.

572
00:30:02.320 --> 00:30:05.760
It costs a lot less money.

573
00:30:05.760 --> 00:30:07.920
All right, so now let me talk a little bit

574
00:30:07.920 --> 00:30:11.440
about the TM and the Circle R, because people

575
00:30:11.440 --> 00:30:13.880
get this wrong all the time.

576
00:30:13.880 --> 00:30:17.340
So how many people here have seen the Circle R or the TM

577
00:30:17.340 --> 00:30:19.480
and know what I'm talking about?

578
00:30:19.480 --> 00:30:23.600
All right, so it looks like people understand it, at least.

579
00:30:23.600 --> 00:30:27.360
You do not need to file anything to use a TM.

580
00:30:31.000 --> 00:30:32.040
OK?

581
00:30:32.040 --> 00:30:36.680
You don't have to file anything to use a TM, like not a thing.

582
00:30:36.680 --> 00:30:39.920
You just need to use it in interstate commerce.

583
00:30:39.920 --> 00:30:43.480
You cannot use the Circle R until you

584
00:30:43.480 --> 00:30:45.800
get a federal registration.

585
00:30:45.800 --> 00:30:48.160
If you're using a Circle R right now

586
00:30:48.160 --> 00:30:49.880
and you don't have a federal registration

587
00:30:49.880 --> 00:30:54.480
for your services or your products, remove it now.

588
00:30:54.480 --> 00:30:55.200
Why?

589
00:30:55.200 --> 00:30:58.120
You can be sued for what's called tortuous interference

590
00:30:58.120 --> 00:31:03.000
with business practice, unfair business practice.

591
00:31:03.000 --> 00:31:05.840
Because what you've done is you've told the public

592
00:31:05.840 --> 00:31:09.320
that you have a government right to your trademarks

593
00:31:09.320 --> 00:31:11.120
and to your logos when you actually don't.

594
00:31:11.120 --> 00:31:14.080
That gives you an unfair competitive edge

595
00:31:14.080 --> 00:31:16.120
over the competition.

596
00:31:16.120 --> 00:31:18.120
And so the government says, no, no, no, no, no.

597
00:31:18.120 --> 00:31:19.720
You can't go out there telling people

598
00:31:19.720 --> 00:31:21.880
that you have a federal registration when you don't.

599
00:31:21.880 --> 00:31:24.480
And that's what the Circle R means.

600
00:31:24.480 --> 00:31:27.720
I'm not talking about the Circle C. I'm not about the Circle R.

601
00:31:27.720 --> 00:31:29.560
Circle C is copyright.

602
00:31:29.560 --> 00:31:31.520
Circle R is trademark.

603
00:31:31.520 --> 00:31:35.000
So you've got to make sure that if you're using a Circle R,

604
00:31:35.000 --> 00:31:38.600
that Circle R is only once you get a federal registration,

605
00:31:38.600 --> 00:31:41.160
not before then.

606
00:31:41.160 --> 00:31:45.240
Now, why would you want to use a TM or a Circle R?

607
00:31:45.240 --> 00:31:47.400
So that you can place the public on notice

608
00:31:47.400 --> 00:31:50.440
so that you can get damages if you ever need to sue somebody.

609
00:31:50.440 --> 00:31:54.280
But even better, just by using that TM or the Circle R,

610
00:31:54.280 --> 00:31:57.160
you're going to scare the competition away.

611
00:31:57.160 --> 00:32:01.000
So that's a big reason to be using either

612
00:32:01.000 --> 00:32:05.360
to be using the Circle R once you get the federal registration

613
00:32:05.360 --> 00:32:11.920
or a TM if you're just using it in interstate commerce, OK?

614
00:32:11.920 --> 00:32:14.160
All right, anybody lost so far?

615
00:32:14.160 --> 00:32:18.400
I'm taking it really slow in the beginning to make sure.

616
00:32:18.400 --> 00:32:19.840
I know, Anita, you have a question.

617
00:32:19.840 --> 00:32:21.840
You're in VIP, right, Anita?

618
00:32:21.840 --> 00:32:23.920
All right, we'll go through questions in VIP.

619
00:32:23.920 --> 00:32:26.880
So that's where we have the interaction questions.

620
00:32:26.880 --> 00:32:31.840
All right, so on the trademark side,

621
00:32:31.840 --> 00:32:33.920
let me cover a little more on the trademark side

622
00:32:33.920 --> 00:32:36.400
before I give you some really specific situations.

623
00:32:39.000 --> 00:32:41.800
All right, whatever you're trying

624
00:32:41.800 --> 00:32:45.720
to come up with for a trademark, it cannot be

625
00:32:45.720 --> 00:32:49.400
what's called descriptive.

626
00:32:49.400 --> 00:32:53.800
Meaning, if you have a service and the name

627
00:32:53.800 --> 00:32:56.720
that you're using for your service

628
00:32:56.720 --> 00:32:59.040
actually are words that would be used

629
00:32:59.040 --> 00:33:01.720
in describing your service, you will never

630
00:33:01.720 --> 00:33:03.840
get a federal registration, never.

631
00:33:03.840 --> 00:33:05.520
You're wasting your money.

632
00:33:05.520 --> 00:33:06.920
You're going to file for something

633
00:33:06.920 --> 00:33:09.080
that's not going to be granted.

634
00:33:09.080 --> 00:33:12.920
What are the top rejections for startups?

635
00:33:12.920 --> 00:33:15.080
So everybody, just so everybody understands something,

636
00:33:15.080 --> 00:33:17.680
when COVID hit, there was a 75% increase

637
00:33:17.680 --> 00:33:22.880
in the number of startups that were filed, 75% increase.

638
00:33:22.880 --> 00:33:28.680
Do you know how many startups fail per year?

639
00:33:28.680 --> 00:33:32.760
Tap in the chat the percentage of startups

640
00:33:32.760 --> 00:33:34.480
that you believe fail per year.

641
00:33:37.640 --> 00:33:38.880
Let me see what you guys think.

642
00:33:41.640 --> 00:33:43.840
Yeah, yeah, all right, some of you

643
00:33:43.840 --> 00:33:46.840
heard me say this before.

644
00:33:46.840 --> 00:33:52.080
Yes, that's right, 90% of startups fail, 90%.

645
00:33:52.080 --> 00:33:54.520
That is a huge number.

646
00:33:54.520 --> 00:33:57.600
That is like a really, really huge number, OK?

647
00:33:57.600 --> 00:33:59.680
One of the issues when you have a startup

648
00:33:59.680 --> 00:34:01.640
is you want to draw people to you.

649
00:34:01.640 --> 00:34:05.040
You want to make it really easy for people to identify you

650
00:34:05.040 --> 00:34:07.040
and your services, right?

651
00:34:07.040 --> 00:34:11.360
Your name is extremely important.

652
00:34:11.360 --> 00:34:13.920
Like when people hear protection portal,

653
00:34:13.920 --> 00:34:16.400
they should be thinking of the quality of the services

654
00:34:16.400 --> 00:34:18.400
that they get within the protection portal that we

655
00:34:18.400 --> 00:34:19.600
offer, right?

656
00:34:20.520 --> 00:34:23.360
They should immediately be thinking that.

657
00:34:23.360 --> 00:34:25.199
And it's the same thing if you hear certain,

658
00:34:25.199 --> 00:34:27.639
like if you hear British Knights in the 80s,

659
00:34:27.639 --> 00:34:29.679
that was a huge sneaker company.

660
00:34:29.679 --> 00:34:31.360
I don't know where they are now, but that

661
00:34:31.360 --> 00:34:33.960
was a huge thing back there.

662
00:34:33.960 --> 00:34:37.280
And so you got Adidas, Nike, Converse,

663
00:34:37.280 --> 00:34:38.840
you got all these big, big brands.

664
00:34:38.840 --> 00:34:40.679
Just by a name, you get a lot.

665
00:34:40.679 --> 00:34:45.080
You get a lot of volume in sales just by that name.

666
00:34:45.080 --> 00:34:48.120
But here's the thing is that if the name that you choose

667
00:34:48.120 --> 00:34:50.080
is just describing the product or the services,

668
00:34:50.080 --> 00:34:51.639
you can't get the registration.

669
00:34:51.639 --> 00:34:54.679
So a lot of these startups, the number,

670
00:34:54.679 --> 00:34:58.680
one of the top problems I have found in 25 years

671
00:34:58.680 --> 00:35:00.840
of doing intellectual.

672
00:35:00.000 --> 00:35:02.160
property work for the public.

673
00:35:02.160 --> 00:35:06.560
25 years representing small to large corporations,

674
00:35:06.560 --> 00:35:08.840
one of the biggest problems with startups

675
00:35:08.840 --> 00:35:13.480
is that they choose names that are descriptive.

676
00:35:13.480 --> 00:35:15.240
And the reason why is because they

677
00:35:15.240 --> 00:35:17.400
want the public to think of the service

678
00:35:17.400 --> 00:35:18.600
that they're going to get.

679
00:35:18.600 --> 00:35:21.720
So they think that the name that they give this thing,

680
00:35:21.720 --> 00:35:24.760
if they give you a name that is descriptive,

681
00:35:24.760 --> 00:35:27.320
then you're going to know what kind of service you're getting.

682
00:35:27.320 --> 00:35:30.760
Yeah, but then nobody can describe the service.

683
00:35:30.760 --> 00:35:32.320
So for that reason, the government

684
00:35:32.320 --> 00:35:34.440
says, no, you can't get a registration for that.

685
00:35:34.440 --> 00:35:36.720
So let me give you a real example.

686
00:35:36.720 --> 00:35:41.120
Let's say that what I do is I provide

687
00:35:41.120 --> 00:35:44.720
kingdom financial support.

688
00:35:44.720 --> 00:35:47.320
So financial support for Christians.

689
00:35:47.320 --> 00:35:48.560
Let's say that's what I do.

690
00:35:48.560 --> 00:35:49.720
I have a financial service.

691
00:35:49.720 --> 00:35:53.480
So I want to file a trademark application for kingdom

692
00:35:53.480 --> 00:35:54.720
finance.

693
00:35:54.840 --> 00:35:57.600
Eh.

694
00:35:57.600 --> 00:35:59.160
Because what am I doing?

695
00:35:59.160 --> 00:36:01.640
I'm training people on the finance.

696
00:36:01.640 --> 00:36:08.720
What if I want to do one on, let's say it's for cooking.

697
00:36:08.720 --> 00:36:13.120
And it says, use less oil.

698
00:36:13.120 --> 00:36:14.640
Let's say that's what I want to have.

699
00:36:14.640 --> 00:36:17.040
And so I want everybody to see, use less oil.

700
00:36:17.040 --> 00:36:18.760
And they're going to think of our brand

701
00:36:18.760 --> 00:36:20.840
because our brand doesn't use oil in cooking.

702
00:36:20.840 --> 00:36:24.080
So we're going to go with the name, use less oil.

703
00:36:24.600 --> 00:36:25.520
Because what do you do?

704
00:36:25.520 --> 00:36:27.200
You use less oil.

705
00:36:27.200 --> 00:36:28.720
So it can't be descriptive.

706
00:36:28.720 --> 00:36:32.680
You got to come up with something that is what I call,

707
00:36:32.680 --> 00:36:35.880
the best, what I say is the best trademark to come up with

708
00:36:35.880 --> 00:36:38.560
is something that's suggestive.

709
00:36:38.560 --> 00:36:40.560
It's something that makes the public think

710
00:36:40.560 --> 00:36:45.280
when they hear that name, they want what you're suggesting.

711
00:36:45.280 --> 00:36:51.120
OK, so if I'm serving people in life coaching

712
00:36:51.120 --> 00:36:55.320
and it's to decrease anxiety and fear,

713
00:36:55.320 --> 00:37:02.600
and I call something like, oh, gosh.

714
00:37:02.600 --> 00:37:04.000
Give me a good name, Lord.

715
00:37:04.000 --> 00:37:09.560
Let's say it's something like free, something

716
00:37:09.560 --> 00:37:11.320
like free flow.

717
00:37:11.320 --> 00:37:13.880
Just a name, the name for the service that we're providing,

718
00:37:13.880 --> 00:37:16.720
the company's name is free flow, something like that.

719
00:37:16.720 --> 00:37:20.080
It's a suggestion that when you work with us,

720
00:37:20.080 --> 00:37:21.920
your mind will flow easily.

721
00:37:21.920 --> 00:37:23.640
You'll feel free, right?

722
00:37:23.640 --> 00:37:25.680
But it's not describing the services

723
00:37:25.680 --> 00:37:29.640
because I'm not out there doing colonics giving you

724
00:37:29.640 --> 00:37:30.680
free flowing, right?

725
00:37:30.680 --> 00:37:36.680
I'm doing training in like, that's a clip, right?

726
00:37:36.680 --> 00:37:37.760
That's a clip, all right?

727
00:37:37.760 --> 00:37:42.160
So I'm doing like training in something

728
00:37:42.160 --> 00:37:44.320
that is going to make your mind feel free.

729
00:37:44.320 --> 00:37:47.800
But free flow is not descriptive of my services.

730
00:37:47.800 --> 00:37:50.840
So I will never forget that example.

731
00:37:50.840 --> 00:37:55.640
OK, so let me cover one more thing

732
00:37:55.640 --> 00:37:59.120
before I start giving you some more practical stuff.

733
00:37:59.120 --> 00:38:02.360
On the legal side, you can obtain legal rights

734
00:38:02.360 --> 00:38:05.400
in any country of the world for trademarks.

735
00:38:05.400 --> 00:38:07.440
So if I've got a product or service,

736
00:38:07.440 --> 00:38:08.520
like we've got Jeff here.

737
00:38:08.520 --> 00:38:11.480
Jeff, he's awesome.

738
00:38:11.480 --> 00:38:12.680
He's an influencer.

739
00:38:12.680 --> 00:38:15.680
He goes around and interviews a lot of different people.

740
00:38:15.680 --> 00:38:17.200
He goes to a ton of different events.

741
00:38:17.200 --> 00:38:20.160
There's a lot in AI.

742
00:38:20.160 --> 00:38:26.600
Like the name that he would choose for his services

743
00:38:26.600 --> 00:38:29.360
could not be descriptive of his services that are provided.

744
00:38:29.360 --> 00:38:33.960
But let's say that he's starting to become known in Saudi

745
00:38:33.960 --> 00:38:39.360
Arabia, in India, in Europe, in Canada.

746
00:38:39.360 --> 00:38:44.840
He can protect his brand in all those countries, OK?

747
00:38:44.840 --> 00:38:48.280
But you need to file separately in different countries.

748
00:38:48.280 --> 00:38:51.000
Now, there is a single application

749
00:38:51.000 --> 00:38:53.680
that you can file under the Madrid Protocol.

750
00:38:53.680 --> 00:38:56.400
I'm not going to try and I'm not going to make people confused.

751
00:38:56.400 --> 00:39:00.480
But there is a thing called a CTM application.

752
00:39:00.480 --> 00:39:04.000
And I would look up what a CTM application is.

753
00:39:04.000 --> 00:39:06.720
If you want more information, I can give you more information.

754
00:39:06.720 --> 00:39:08.640
I don't want people to get lost here.

755
00:39:08.640 --> 00:39:10.840
But there is a way to file a single application

756
00:39:10.840 --> 00:39:12.800
to cover multiple countries.

757
00:39:12.800 --> 00:39:13.960
But you need to file it.

758
00:39:13.960 --> 00:39:15.440
Here's the part you got to remember.

759
00:39:15.440 --> 00:39:18.880
You have to file it within six months of your earliest filing

760
00:39:18.880 --> 00:39:22.800
date, within six months, if you want

761
00:39:22.800 --> 00:39:24.120
to maintain the priority date.

762
00:39:24.120 --> 00:39:27.600
Meaning, if I file a trademark application today

763
00:39:27.600 --> 00:39:31.680
and I want rights in, let's say, I don't know,

764
00:39:31.680 --> 00:39:35.200
like seven different countries, then I

765
00:39:35.200 --> 00:39:40.480
can file a single application under the Madrid Protocol

766
00:39:40.480 --> 00:39:44.280
within six months and designate all those other countries

767
00:39:44.280 --> 00:39:47.040
in one application.

768
00:39:47.040 --> 00:39:48.720
That's pretty powerful, guys.

769
00:39:48.720 --> 00:39:52.440
And you maintain the filing date of your original application.

770
00:39:52.440 --> 00:39:54.840
The alternative is that you would have to individually

771
00:39:54.840 --> 00:39:56.640
file in each country, one by one,

772
00:39:56.640 --> 00:39:59.040
and hire lawyers in every single country, one by one.

773
00:39:59.040 --> 00:40:01.200
And it just.

774
00:40:00.000 --> 00:40:01.240
costs more money.

775
00:40:01.240 --> 00:40:03.760
So you can do a single application.

776
00:40:03.760 --> 00:40:07.240
And then once your case gets to the point of examination,

777
00:40:07.240 --> 00:40:08.840
then you can get lawyers involved.

778
00:40:08.840 --> 00:40:11.640
I'm not going to go really deep into that.

779
00:40:11.640 --> 00:40:13.180
I just want you to know that if you're

780
00:40:13.180 --> 00:40:15.240
doing work in other countries, yes, you

781
00:40:15.240 --> 00:40:17.560
can get trademark rights in other countries.

782
00:40:17.560 --> 00:40:20.960
We'll keep it that simple.

783
00:40:20.960 --> 00:40:30.220
Now, let me talk a little bit about confusion.

784
00:40:30.220 --> 00:40:32.560
I think this is going to be really helpful for you guys.

785
00:40:32.560 --> 00:40:35.280
And then I'm going to go into the AI issue

786
00:40:35.280 --> 00:40:37.520
that's where confusion is an issue.

787
00:40:37.520 --> 00:40:40.920
So all right.

788
00:40:40.920 --> 00:40:44.960
To determine whether or not there's trademark infringement,

789
00:40:44.960 --> 00:40:46.800
they use a test.

790
00:40:46.800 --> 00:40:51.440
The test is called the likelihood of confusion test.

791
00:40:51.440 --> 00:40:54.360
Likelihood of confusion test.

792
00:40:54.360 --> 00:40:57.520
That's the test that's used to determine whether or not

793
00:40:57.520 --> 00:40:59.480
there is trademark infringement.

794
00:40:59.480 --> 00:41:04.200
If you satisfy, it's typically between 9 and 12

795
00:41:04.200 --> 00:41:05.760
different factors that are used.

796
00:41:05.760 --> 00:41:08.760
If you satisfy, it's a weighing test.

797
00:41:08.760 --> 00:41:11.240
So think of like Lady Justice.

798
00:41:11.240 --> 00:41:14.040
She's there, right, blindfold, holding the scales,

799
00:41:14.040 --> 00:41:15.800
and there's the scales of justice.

800
00:41:15.840 --> 00:41:19.600
And if it tips against you, you lose.

801
00:41:19.600 --> 00:41:23.240
So you look at these nine different factors.

802
00:41:23.240 --> 00:41:25.440
And if you tend to see that a lot of them

803
00:41:25.440 --> 00:41:27.560
are weighing against you, you lose.

804
00:41:27.560 --> 00:41:30.040
I'm going to walk you through these factors now.

805
00:41:30.040 --> 00:41:33.000
I'm going to give you a copy of the factors yourself.

806
00:41:33.000 --> 00:41:35.000
And the reason why this is important

807
00:41:35.000 --> 00:41:36.760
is because you're now going to be

808
00:41:36.760 --> 00:41:40.040
able to look at the trademark you want to use,

809
00:41:40.040 --> 00:41:43.320
look at the trademark that you found in a trademark search,

810
00:41:43.320 --> 00:41:47.480
and do a comparison to see if you believe there's confusion.

811
00:41:47.480 --> 00:41:50.400
Now, just to be clear, if there's

812
00:41:50.400 --> 00:41:52.080
another trademark that's similar to you,

813
00:41:52.080 --> 00:41:54.600
I would hire a lawyer and ask them to look at it.

814
00:41:54.600 --> 00:41:57.800
Because nobody here is qualified.

815
00:41:57.800 --> 00:41:59.680
I mean, there may be some other individuals here

816
00:41:59.680 --> 00:42:03.320
that are qualified, like myself, to do a legal analysis which

817
00:42:03.320 --> 00:42:06.080
your entire company is going to rely upon.

818
00:42:06.080 --> 00:42:09.160
But you can at least do a trademark search,

819
00:42:09.160 --> 00:42:11.240
find something close.

820
00:42:11.240 --> 00:42:13.120
And then once you've found something close,

821
00:42:13.120 --> 00:42:15.400
you can bring that to the lawyer instead

822
00:42:15.400 --> 00:42:18.560
of having the lawyer look at absolutely everything.

823
00:42:18.560 --> 00:42:23.080
So I'm going to walk you through today trademark search.

824
00:42:23.080 --> 00:42:25.120
And I want to go through the likelihood of confusion

825
00:42:25.120 --> 00:42:25.880
factors.

826
00:42:25.880 --> 00:42:30.400
So let me start out with, actually, let me ask you this.

827
00:42:30.400 --> 00:42:32.120
You can cover one or two things today.

828
00:42:32.120 --> 00:42:34.240
Tomorrow, we'll cover the other thing.

829
00:42:34.240 --> 00:42:37.840
Number one is the likelihood of confusion factors, which

830
00:42:37.840 --> 00:42:40.360
are that will allow you to know whether or not

831
00:42:40.360 --> 00:42:44.320
you're in trouble for using a certain name or logo.

832
00:42:44.320 --> 00:42:48.080
Or I can walk you through doing a trademark search right now.

833
00:42:48.080 --> 00:42:50.320
I already know which one you guys are going to choose.

834
00:42:50.320 --> 00:42:53.880
So number one is likelihood of confusion factors.

835
00:42:53.880 --> 00:42:56.440
Number two is trademark search.

836
00:42:56.440 --> 00:42:58.800
We're going to go by what you guys want.

837
00:42:58.800 --> 00:43:00.880
So just type in the chat which one you guys

838
00:43:00.880 --> 00:43:02.000
would like to do right now.

839
00:43:03.000 --> 00:43:04.720
There's a lot of likelihood of confusion.

840
00:43:04.720 --> 00:43:08.000
One, two, three.

841
00:43:08.000 --> 00:43:10.040
There's a lot of likelihood of confusion ones.

842
00:43:10.040 --> 00:43:11.000
Yeah.

843
00:43:11.000 --> 00:43:14.320
I like the likelihood of confusion ones when we're

844
00:43:14.320 --> 00:43:15.960
going to do the search tomorrow anyway.

845
00:43:15.960 --> 00:43:19.240
But let me walk through the likelihood of confusion factors.

846
00:43:19.240 --> 00:43:21.200
And honestly, it's actually better

847
00:43:21.200 --> 00:43:22.440
for you to learn these first.

848
00:43:22.440 --> 00:43:24.600
Because then when you do a search,

849
00:43:24.600 --> 00:43:26.200
you'll realize why it's a problem.

850
00:43:26.200 --> 00:43:27.800
And then when you do a search, you'll

851
00:43:27.800 --> 00:43:29.000
realize why it's a problem.

852
00:43:29.000 --> 00:43:30.960
Then when you do a search, you'll

853
00:43:30.960 --> 00:43:32.440
realize why it's a problem.

854
00:43:32.440 --> 00:43:33.840
Otherwise, you do a search and you

855
00:43:33.840 --> 00:43:35.280
won't know why it's a problem.

856
00:43:35.280 --> 00:43:37.960
So it's better to know the factors first.

857
00:43:37.960 --> 00:43:40.680
So I'm actually going to show them to you guys.

858
00:43:40.680 --> 00:43:41.840
We actually have a handout.

859
00:43:41.840 --> 00:43:46.800
Ray, can you just share the link for that so everybody

860
00:43:46.800 --> 00:43:49.040
can grab it themselves?

861
00:43:49.040 --> 00:43:49.520
Thanks.

862
00:43:49.520 --> 00:43:51.840
We're going to give you guys a handout.

863
00:43:51.840 --> 00:43:53.800
And it's the likelihood of confusion factors.

864
00:43:53.800 --> 00:43:55.400
You can do whatever you want with it.

865
00:43:55.440 --> 00:43:57.160
It's not copyrighted.

866
00:43:57.160 --> 00:43:59.520
You can do anything you want.

867
00:43:59.520 --> 00:44:00.480
You can modify it.

868
00:44:00.480 --> 00:44:03.520
You can do literally anything you want with the thing.

869
00:44:03.520 --> 00:44:04.760
I don't mind.

870
00:44:04.760 --> 00:44:09.640
But let me go through the factors with you guys.

871
00:44:09.640 --> 00:44:12.480
And in fact, I think I'll open the same thing

872
00:44:12.480 --> 00:44:13.480
that Ray is dropping.

873
00:44:13.480 --> 00:44:15.320
Did you drop it already?

874
00:44:15.320 --> 00:44:15.960
Oh, there it is.

875
00:44:15.960 --> 00:44:17.520
Very cool.

876
00:44:17.520 --> 00:44:19.360
Cool, cool, cool, cool, cool, cool.

877
00:44:19.360 --> 00:44:20.760
All right, let me share my screen.

878
00:44:20.760 --> 00:44:22.800
And once you guys understand this,

879
00:44:22.800 --> 00:44:27.360
then as I start to dig into logos and images

880
00:44:27.360 --> 00:44:29.200
with all these different AI programs,

881
00:44:29.200 --> 00:44:31.160
you guys will understand what I'm talking about.

882
00:44:31.160 --> 00:44:34.120
If you guys don't get this, it's not even

883
00:44:34.120 --> 00:44:36.360
worth talking about that topic because it's just not

884
00:44:36.360 --> 00:44:38.960
going to make sense.

885
00:44:38.960 --> 00:44:43.960
All right, so let me make this a little bigger.

886
00:44:43.960 --> 00:44:46.560
So I'm going to go ahead and show you guys what I'm talking

887
00:44:46.920 --> 00:44:50.760
All right, so let me make this a little bigger.

888
00:44:54.040 --> 00:44:57.480
What are you doing?

889
00:44:57.480 --> 00:45:01.160
Do you guys see the factors on the screen right now?

890
00:45:00.480 --> 00:45:01.920
You do? Okay.

891
00:45:01.920 --> 00:45:04.080
Make it a little bit bigger.

892
00:45:04.080 --> 00:45:06.000
Yeah, blow that up.

893
00:45:06.000 --> 00:45:06.840
There we go.

894
00:45:06.840 --> 00:45:08.200
That should be big enough, right?

895
00:45:08.200 --> 00:45:09.080
Yeah.

896
00:45:09.080 --> 00:45:10.360
Okay, cool.

897
00:45:10.360 --> 00:45:12.400
Thank you, Larissa.

898
00:45:12.400 --> 00:45:14.720
Okay, oh man, I haven't drank anything yet.

899
00:45:17.040 --> 00:45:19.480
That's the longest I've gone without drinking.

900
00:45:19.480 --> 00:45:21.080
All right.

901
00:45:21.080 --> 00:45:22.960
Okay, these different factors,

902
00:45:22.960 --> 00:45:24.720
again, it's a weighing contest.

903
00:45:24.720 --> 00:45:29.520
There's certain ones that are more heavily weighted.

904
00:45:29.520 --> 00:45:31.600
Factor number one is one

905
00:45:31.600 --> 00:45:34.240
of the most heavily weighted factors.

906
00:45:34.240 --> 00:45:38.200
Another factor that's extremely heavily weighted

907
00:45:38.200 --> 00:45:39.600
is factor number seven.

908
00:45:39.600 --> 00:45:42.920
Now, what we did is there's actually nine to 12 factors,

909
00:45:42.920 --> 00:45:46.640
but instead of my listing them all one by one by one,

910
00:45:46.640 --> 00:45:48.320
I put them in categories here.

911
00:45:48.320 --> 00:45:50.720
So you have three of them actually in here,

912
00:45:50.720 --> 00:45:53.280
appearance, sound, and commercial impression.

913
00:45:53.280 --> 00:45:54.720
Actually, there are three different factors.

914
00:45:54.720 --> 00:45:56.480
We just threw it into the first one

915
00:45:56.480 --> 00:45:59.320
to make it easy for you guys to follow along.

916
00:46:00.200 --> 00:46:02.720
What you're looking at is the similarity

917
00:46:02.720 --> 00:46:07.720
in the sound or the look or the feel.

918
00:46:08.000 --> 00:46:09.400
That's really it.

919
00:46:09.400 --> 00:46:10.960
So think of it this way.

920
00:46:10.960 --> 00:46:15.320
Nike owns N-I-K-E for sneakers, right?

921
00:46:17.720 --> 00:46:22.720
Karen, K-A-R-I-N, comes out with Nike N-I-K-Y.

922
00:46:23.080 --> 00:46:25.000
N-I-K-Y.

923
00:46:26.160 --> 00:46:27.440
And she says,

924
00:46:27.440 --> 00:46:31.080
I got this great idea for a new sneaker company, Peter.

925
00:46:31.080 --> 00:46:31.920
This is what she does.

926
00:46:31.920 --> 00:46:33.800
Like we get together, we do an audit,

927
00:46:33.800 --> 00:46:35.920
and she says, this is the best idea ever.

928
00:46:35.920 --> 00:46:37.520
We got a new sneaker company.

929
00:46:37.520 --> 00:46:41.360
Sneaker company is gonna be called Nike, N-I-K-Y.

930
00:46:41.360 --> 00:46:42.200
You like that.

931
00:46:42.200 --> 00:46:43.040
Say how I did that.

932
00:46:43.040 --> 00:46:43.880
Say how I did that.

933
00:46:43.880 --> 00:46:44.760
That was good, right?

934
00:46:44.760 --> 00:46:46.200
I'm like, oh boy.

935
00:46:46.200 --> 00:46:50.800
All right, so let's go through the test.

936
00:46:50.800 --> 00:46:52.080
Does it look the same?

937
00:46:52.440 --> 00:46:54.720
Well, N-I-K is the same.

938
00:46:54.720 --> 00:46:56.080
One letter is different.

939
00:46:56.080 --> 00:46:57.600
So it's kind of similar.

940
00:46:57.600 --> 00:46:58.920
It's close.

941
00:46:58.920 --> 00:46:59.960
Does it sound the same?

942
00:46:59.960 --> 00:47:02.280
It sounds exactly the same.

943
00:47:02.280 --> 00:47:03.720
So you're dead on the sound

944
00:47:03.720 --> 00:47:05.800
and you're kind of got a problem

945
00:47:05.800 --> 00:47:09.200
because the only difference between the Y and the E

946
00:47:09.200 --> 00:47:11.160
is one letter.

947
00:47:11.160 --> 00:47:12.960
It's just a Y and E.

948
00:47:12.960 --> 00:47:15.520
Everything else of the four letters is the same.

949
00:47:15.520 --> 00:47:17.240
That's problematic.

950
00:47:17.240 --> 00:47:19.520
Now there's this thing called commercial impression.

951
00:47:19.520 --> 00:47:21.560
What commercial impression means

952
00:47:21.560 --> 00:47:24.400
is that what's the general feeling

953
00:47:24.400 --> 00:47:26.960
you get with the name, right?

954
00:47:26.960 --> 00:47:31.200
So with Nike, you get like a...

955
00:47:31.200 --> 00:47:33.960
I don't know that you actually feel anything in particular,

956
00:47:33.960 --> 00:47:36.920
but you definitely feel something different

957
00:47:36.920 --> 00:47:41.640
than if the name was like Grave Diggers, right?

958
00:47:41.640 --> 00:47:46.360
Like that's a very different feeling from Nike, okay?

959
00:47:46.360 --> 00:47:48.440
So there's just a different feeling

960
00:47:48.440 --> 00:47:50.160
that you get from the name.

961
00:47:50.160 --> 00:47:51.000
There's certain names

962
00:47:51.000 --> 00:47:53.360
that have a feeling associated with it, like Bright.

963
00:47:53.360 --> 00:47:56.120
Bright has a feeling associated with it, right?

964
00:47:56.120 --> 00:47:56.960
Darkness.

965
00:47:56.960 --> 00:47:58.960
Darkness has a different feeling associated with it.

966
00:47:58.960 --> 00:48:01.360
So that's actually looked at as well.

967
00:48:01.360 --> 00:48:05.400
Now, the relatedness factor, the second one,

968
00:48:06.680 --> 00:48:08.960
you're looking at the goods and services.

969
00:48:10.240 --> 00:48:13.000
The way this works is that every trademark

970
00:48:13.000 --> 00:48:16.800
is classified in what's called an international class,

971
00:48:17.680 --> 00:48:18.520
right?

972
00:48:18.520 --> 00:48:19.600
It's a numerical system.

973
00:48:20.560 --> 00:48:24.080
So like class number nine is for electronics.

974
00:48:24.080 --> 00:48:27.600
Class 41 is for educational programs.

975
00:48:27.600 --> 00:48:28.960
There's all these different classes.

976
00:48:28.960 --> 00:48:32.720
What I'm gonna do for all of you is I'm gonna drop a link.

977
00:48:32.720 --> 00:48:34.000
I don't know if Ray actually has it,

978
00:48:34.000 --> 00:48:36.160
but I'm gonna drop a link.

979
00:48:36.160 --> 00:48:37.360
Likely.

980
00:48:37.360 --> 00:48:38.200
Yeah, you probably do

981
00:48:38.200 --> 00:48:39.800
because anything that I've actually put together,

982
00:48:39.800 --> 00:48:41.160
I know you put on that sheet.

983
00:48:41.160 --> 00:48:42.760
So if you have it, you can drop it.

984
00:48:42.760 --> 00:48:44.920
Otherwise I'll put it in the Facebook group.

985
00:48:44.920 --> 00:48:47.840
It actually lists all the international classes one by one,

986
00:48:47.840 --> 00:48:49.680
every single one of them.

987
00:48:49.680 --> 00:48:51.480
And you can look at that and figure out

988
00:48:51.480 --> 00:48:55.040
where's my product located or where's my service located?

989
00:48:55.040 --> 00:48:57.200
So if you're doing, as an example,

990
00:48:58.160 --> 00:49:01.240
you're doing challenges, you're doing online training,

991
00:49:01.240 --> 00:49:04.240
you're doing live training, that's international class 41.

992
00:49:05.440 --> 00:49:06.280
Okay?

993
00:49:06.280 --> 00:49:08.440
So for the second factor,

994
00:49:08.440 --> 00:49:10.800
you're looking at the goods or the services

995
00:49:10.800 --> 00:49:12.760
associated with the trademark.

996
00:49:12.800 --> 00:49:14.880
Nike is associated with sneakers.

997
00:49:15.840 --> 00:49:19.400
If somebody else uses the name Nike for computers,

998
00:49:19.400 --> 00:49:20.440
there may be an argument

999
00:49:20.440 --> 00:49:22.120
that there's no likelihood of confusion

1000
00:49:22.120 --> 00:49:24.880
because what the sneakers have to do with computers.

1001
00:49:27.000 --> 00:49:27.840
Right?

1002
00:49:27.840 --> 00:49:29.920
Now, just so everybody understands,

1003
00:49:29.920 --> 00:49:33.760
what I am not saying is go find a famous trademark

1004
00:49:33.760 --> 00:49:35.680
and use it for an international class.

1005
00:49:35.680 --> 00:49:37.080
That is not the same.

1006
00:49:37.080 --> 00:49:38.760
That is not what I'm saying.

1007
00:49:38.760 --> 00:49:39.760
Don't do that.

1008
00:49:39.760 --> 00:49:42.240
Because famous marks, remember this,

1009
00:49:42.760 --> 00:49:46.400
famous marks receive more strength

1010
00:49:46.400 --> 00:49:47.640
than any other trademark.

1011
00:49:48.560 --> 00:49:51.960
McDonald's, Burger King, Nike,

1012
00:49:53.240 --> 00:49:57.280
Intel, Microsoft, those trademarks are so powerful

1013
00:49:58.520 --> 00:50:00.120
that you can end up...

1014
00:50:00.000 --> 00:50:04.680
using the name Nike on something that's not even related

1015
00:50:04.680 --> 00:50:06.400
to sports equipment, and you may run

1016
00:50:06.400 --> 00:50:08.200
into a trademark infringement issue,

1017
00:50:09.320 --> 00:50:11.080
just because it's that well-known.

1018
00:50:11.080 --> 00:50:12.120
So just be careful.

1019
00:50:12.120 --> 00:50:14.400
Don't take a famous trademark

1020
00:50:14.400 --> 00:50:16.080
and then use it with your company name.

1021
00:50:16.080 --> 00:50:18.040
Just don't do that, or your products or services.

1022
00:50:18.040 --> 00:50:19.600
Not worth it.

1023
00:50:19.600 --> 00:50:23.880
Now, the next one over here, factor number three,

1024
00:50:23.880 --> 00:50:28.720
is similarity or dissimilarity of the trade channels.

1025
00:50:29.720 --> 00:50:34.720
What that means is that if I sell a product at Target

1026
00:50:36.960 --> 00:50:38.960
and Karen, her product,

1027
00:50:38.960 --> 00:50:41.240
you can only order it directly from her

1028
00:50:41.240 --> 00:50:44.800
because it's a high-end exclusive product

1029
00:50:44.800 --> 00:50:46.480
that you're not gonna find anywhere

1030
00:50:46.480 --> 00:50:49.320
unless you call her company directly.

1031
00:50:49.320 --> 00:50:53.320
That's a different, those are two different trade channels.

1032
00:50:54.200 --> 00:50:55.240
They're not the same.

1033
00:50:56.240 --> 00:50:59.320
But if my product is sold in the exact same place

1034
00:50:59.320 --> 00:51:01.320
that Karen's product is sold,

1035
00:51:01.320 --> 00:51:03.360
there's a higher likelihood of confusion

1036
00:51:05.280 --> 00:51:07.200
because my product is right next,

1037
00:51:07.200 --> 00:51:09.240
it's in the same vicinity.

1038
00:51:09.240 --> 00:51:11.680
Like you go to Target and you see both of our products

1039
00:51:11.680 --> 00:51:13.400
and they have similar names,

1040
00:51:13.400 --> 00:51:14.640
people, there's a higher chance

1041
00:51:14.640 --> 00:51:17.520
people are gonna get confused, okay?

1042
00:51:17.520 --> 00:51:20.520
Factor number four is degree of care.

1043
00:51:20.520 --> 00:51:23.280
What this means is it comes down

1044
00:51:23.280 --> 00:51:25.440
to the sophistication of the purchaser.

1045
00:51:25.440 --> 00:51:28.840
So there's a speaker out there called,

1046
00:51:28.840 --> 00:51:32.040
it's by a company called Snell Acoustics.

1047
00:51:32.040 --> 00:51:34.840
Has anybody ever heard of that company, Snell Acoustics?

1048
00:51:36.120 --> 00:51:40.400
All right, Snell Acoustics sells speakers

1049
00:51:40.400 --> 00:51:44.880
for like $25,000, $50,000, audio speakers.

1050
00:51:44.880 --> 00:51:48.520
I mean, these are like the top of the top of the top of the,

1051
00:51:48.520 --> 00:51:50.520
these are some of the best speakers in the world.

1052
00:51:50.520 --> 00:51:53.240
The company, I don't even think it exists anymore,

1053
00:51:54.080 --> 00:51:55.240
getting those speakers now is actually pretty cool

1054
00:51:55.240 --> 00:51:56.360
if you have an original.

1055
00:51:56.360 --> 00:51:59.160
They would hand wind the voice coil themselves.

1056
00:51:59.160 --> 00:52:03.440
Like I used to represent them when they existed.

1057
00:52:03.440 --> 00:52:08.440
So if somebody decided to use the name Snell

1058
00:52:09.800 --> 00:52:11.680
on their speakers,

1059
00:52:13.120 --> 00:52:16.680
and I've got a client that uses Snell for their speakers,

1060
00:52:16.680 --> 00:52:18.640
the question is, is there a likelihood of confusion?

1061
00:52:18.640 --> 00:52:23.640
Like is there, is this an impulse product that you purchase

1062
00:52:24.080 --> 00:52:29.080
or is it a, is it expensive?

1063
00:52:31.360 --> 00:52:35.000
Is the educational level of the consumer very high?

1064
00:52:35.000 --> 00:52:39.360
If it is, there's less of a likelihood of confusion

1065
00:52:39.360 --> 00:52:43.960
because if the people that purchase this thing

1066
00:52:43.960 --> 00:52:46.840
tend to be highly educated, and I don't mean they're smart,

1067
00:52:46.840 --> 00:52:50.320
I just mean they do a lot of research about the product

1068
00:52:50.320 --> 00:52:52.920
and the product tends to be very expensive.

1069
00:52:52.920 --> 00:52:56.320
That means there's a very low likelihood of confusion.

1070
00:52:56.320 --> 00:52:57.920
I mean, how many people are just going to say,

1071
00:52:57.920 --> 00:52:59.840
oh, let me just buy a Snell Acoustics speaker.

1072
00:52:59.840 --> 00:53:01.120
Oh, I found it on eBay.

1073
00:53:01.120 --> 00:53:03.000
Here's 25 grand.

1074
00:53:03.000 --> 00:53:04.280
That's not going to happen.

1075
00:53:04.280 --> 00:53:07.160
Like these people are going to do their homework.

1076
00:53:07.160 --> 00:53:11.040
They want to make sure you're an actual qualified vendor.

1077
00:53:11.040 --> 00:53:13.360
It is exactly what they say it is.

1078
00:53:13.360 --> 00:53:14.920
And then they're going to purchase directly

1079
00:53:14.920 --> 00:53:16.720
from the person providing it.

1080
00:53:17.600 --> 00:53:19.880
So if the degree of care is very high,

1081
00:53:19.880 --> 00:53:23.240
there's a low likelihood of confusion, okay?

1082
00:53:23.240 --> 00:53:25.400
In fact, now the rest of these become very fast.

1083
00:53:25.400 --> 00:53:28.880
Quantity of the mark, if there's a lot of trademarks

1084
00:53:28.880 --> 00:53:30.160
that have the exact same name,

1085
00:53:30.160 --> 00:53:32.280
there's less of a likelihood of confusion.

1086
00:53:33.720 --> 00:53:36.520
What that means is if there's like seven, eight, nine,

1087
00:53:36.520 --> 00:53:38.600
10 different companies that have the same name

1088
00:53:38.600 --> 00:53:41.400
in their name, it decreases the chances

1089
00:53:41.400 --> 00:53:43.480
of there being trademark infringement

1090
00:53:43.480 --> 00:53:46.080
because there's no one company that has that name.

1091
00:53:47.440 --> 00:53:49.960
So let's say there was Nike Shoe Corporation,

1092
00:53:49.960 --> 00:53:52.040
and then there was Nike Shoes,

1093
00:53:52.040 --> 00:53:54.040
and then there was Nike Footwear,

1094
00:53:54.040 --> 00:53:58.040
and then there was Nike Sandals.

1095
00:53:58.040 --> 00:54:01.280
If you come out and use Nike for flip-flops,

1096
00:54:01.280 --> 00:54:02.720
there's a lower chance of you

1097
00:54:02.720 --> 00:54:04.440
actually committing trademark infringement

1098
00:54:04.440 --> 00:54:07.800
because there's a lot of people using the name Nike.

1099
00:54:07.800 --> 00:54:12.400
So therefore, they really don't have a lot of rights, okay?

1100
00:54:13.480 --> 00:54:15.800
This next factor, you guys really don't have to worry

1101
00:54:15.800 --> 00:54:18.040
about agreement status.

1102
00:54:18.040 --> 00:54:22.840
That means like if somebody is alleged to infringe,

1103
00:54:22.840 --> 00:54:27.200
but they've received a legal agreement,

1104
00:54:27.200 --> 00:54:30.560
a license agreement to use that name, they can't be sued.

1105
00:54:32.320 --> 00:54:37.000
So let's say that Tony has a trademark,

1106
00:54:37.000 --> 00:54:39.440
and I know Tony, and I reach out to him and say,

1107
00:54:39.440 --> 00:54:40.840
hey, I love that.

1108
00:54:40.840 --> 00:54:42.040
I love what you're doing with that.

1109
00:54:42.040 --> 00:54:44.920
I'd like to use that trademark.

1110
00:54:44.960 --> 00:54:48.160
I enter into a non-exclusive license with her.

1111
00:54:48.160 --> 00:54:50.200
She can't sue me now.

1112
00:54:50.200 --> 00:54:53.680
She can't say, oh yeah, sure, I'll take, you know,

1113
00:54:53.680 --> 00:54:57.520
I'll take $2 per unit that you sell,

1114
00:54:57.520 --> 00:54:59.480
and then wait a year, and then sue me.

1115
00:55:00.000 --> 00:55:02.200
Hey, he committed trademark infringement.

1116
00:55:02.200 --> 00:55:06.040
It's like, no, you licensed the rights over to me.

1117
00:55:06.040 --> 00:55:07.720
So you can't sue me for what you already have.

1118
00:55:07.720 --> 00:55:10.080
That's what the agreement status means.

1119
00:55:10.080 --> 00:55:12.840
And then finally, the last factor is clear confusion.

1120
00:55:12.840 --> 00:55:17.840
What that means is there's evidence of actual confusion,

1121
00:55:17.920 --> 00:55:22.920
meaning you got a phone call from your client saying,

1122
00:55:23.080 --> 00:55:27.160
hey, Pamela, are you selling your product

1123
00:55:27.160 --> 00:55:29.520
in such and such store?

1124
00:55:29.520 --> 00:55:32.160
And you say, and Pamela says, no, what are you talking about?

1125
00:55:32.160 --> 00:55:34.720
I'm not selling my products in such and such store.

1126
00:55:34.720 --> 00:55:36.880
And they say, well, here's a product

1127
00:55:36.880 --> 00:55:38.320
that has your name on it.

1128
00:55:38.320 --> 00:55:39.640
I thought it was yours.

1129
00:55:39.640 --> 00:55:42.020
That's proof of actual confusion.

1130
00:55:43.320 --> 00:55:45.800
So if you have people reaching out to you saying,

1131
00:55:45.800 --> 00:55:48.800
hey, are you selling over here

1132
00:55:48.800 --> 00:55:51.520
or are you selling this thing over there?

1133
00:55:51.520 --> 00:55:54.360
That, and if it's actually not you

1134
00:55:54.360 --> 00:55:55.920
and it's because of a similar name,

1135
00:55:55.960 --> 00:55:59.760
that is proof of actual confusion, okay?

1136
00:55:59.760 --> 00:56:01.480
If you've got actual confusion,

1137
00:56:01.480 --> 00:56:03.840
that is one of the strongest factors

1138
00:56:03.840 --> 00:56:05.560
for trademark infringement.

1139
00:56:05.560 --> 00:56:08.240
And then looking back at the factors,

1140
00:56:08.240 --> 00:56:10.440
factor number one, which includes three of them,

1141
00:56:10.440 --> 00:56:12.240
appearance, sound,

1142
00:56:12.240 --> 00:56:15.040
and the general feeling associated with it.

1143
00:56:15.040 --> 00:56:18.480
These factor number one, factor number two,

1144
00:56:18.480 --> 00:56:20.560
factor number three, and factor number seven

1145
00:56:20.560 --> 00:56:22.320
are the biggest ones.

1146
00:56:22.320 --> 00:56:24.920
The other ones, yeah, they exist,

1147
00:56:24.920 --> 00:56:28.080
but they're just not as heavily weighed, okay?

1148
00:56:29.000 --> 00:56:31.640
Everybody here should get a copy of this.

1149
00:56:31.640 --> 00:56:32.760
We'll post it.

1150
00:56:32.760 --> 00:56:34.720
You have access to it.

1151
00:56:34.720 --> 00:56:37.820
When you do your trademark searches,

1152
00:56:37.820 --> 00:56:40.140
when you see there's another trademark,

1153
00:56:40.140 --> 00:56:42.720
this is what you wanna be using.

1154
00:56:42.720 --> 00:56:45.480
You wanna look at this list and say,

1155
00:56:45.480 --> 00:56:48.760
cause this is the list that we as lawyers use, all right?

1156
00:56:48.760 --> 00:56:50.000
So just to be clear,

1157
00:56:50.000 --> 00:56:53.240
before I teach you guys about trademark searching,

1158
00:56:53.280 --> 00:56:55.880
why am I teaching you trademark searching?

1159
00:56:55.880 --> 00:56:58.000
You might have 10 different ideas

1160
00:56:58.000 --> 00:56:59.840
for a name that you wanna use.

1161
00:56:59.840 --> 00:57:01.560
How many people here wanna call a lawyer

1162
00:57:01.560 --> 00:57:03.120
and tell them about 10 different things

1163
00:57:03.120 --> 00:57:04.600
and have them do 10 different projects?

1164
00:57:04.600 --> 00:57:05.440
Anybody?

1165
00:57:06.360 --> 00:57:08.160
Nobody, really?

1166
00:57:08.160 --> 00:57:10.200
Man, that's a tough crowd.

1167
00:57:10.200 --> 00:57:11.120
All right, well, I mean,

1168
00:57:11.120 --> 00:57:15.100
so the fact is that you don't want to,

1169
00:57:15.100 --> 00:57:16.640
you don't wanna be calling your attorneys

1170
00:57:16.640 --> 00:57:17.640
for things that you don't need

1171
00:57:17.640 --> 00:57:19.760
to call your attorneys for, right?

1172
00:57:19.760 --> 00:57:21.380
Because we bill per hour.

1173
00:57:22.260 --> 00:57:25.780
Now there's certain circumstances we do flat fees,

1174
00:57:25.780 --> 00:57:27.460
which is a whole other story.

1175
00:57:27.460 --> 00:57:29.380
But if we're billing per hour,

1176
00:57:29.380 --> 00:57:31.860
you don't wanna be like, here's my 10 ideas.

1177
00:57:31.860 --> 00:57:34.620
Can you see if you can actually obtain protection

1178
00:57:34.620 --> 00:57:35.460
for any of them?

1179
00:57:35.460 --> 00:57:36.660
How about you actually learn

1180
00:57:36.660 --> 00:57:39.300
how to do a trademark search yourself?

1181
00:57:39.300 --> 00:57:43.140
You find certain words that show up immediately.

1182
00:57:43.140 --> 00:57:45.020
And then when you find out that the services

1183
00:57:45.020 --> 00:57:47.580
or the goods associated with that term

1184
00:57:47.580 --> 00:57:49.660
are similar to yours, you say,

1185
00:57:49.660 --> 00:57:51.540
yeah, no, I'm not gonna do that one.

1186
00:57:52.980 --> 00:57:56.480
You just went from having like 10 trademarks to maybe two.

1187
00:57:57.460 --> 00:57:59.580
Now you can call your lawyer.

1188
00:57:59.580 --> 00:58:00.860
Now you can call your lawyer and say,

1189
00:58:00.860 --> 00:58:03.420
hey, I've got two trademarks

1190
00:58:03.420 --> 00:58:07.240
that I believe they look kind of clear.

1191
00:58:08.400 --> 00:58:09.780
This is what the services are.

1192
00:58:09.780 --> 00:58:12.060
These are what the goods are.

1193
00:58:12.060 --> 00:58:13.180
Can you please check and see

1194
00:58:13.180 --> 00:58:15.460
whether or not these are clear to use?

1195
00:58:15.460 --> 00:58:17.500
You just saved, just by doing that,

1196
00:58:17.500 --> 00:58:20.700
my teaching you how to do that top level trademark search,

1197
00:58:20.700 --> 00:58:23.220
you'll save yourself thousands of dollars

1198
00:58:23.220 --> 00:58:24.580
just in that alone.

1199
00:58:24.580 --> 00:58:26.260
Okay, does that seem helpful?

1200
00:58:27.100 --> 00:58:30.540
All right, so I'm gonna take the next

1201
00:58:35.100 --> 00:58:38.980
five minutes, 10 minutes, nine minutes.

1202
00:58:38.980 --> 00:58:40.060
I'll take the next nine minutes

1203
00:58:40.060 --> 00:58:42.380
and introduce you guys to trademark searching.

1204
00:58:42.380 --> 00:58:45.060
This will be the top level of trademark searching.

1205
00:58:45.100 --> 00:58:46.740
Before I get into that,

1206
00:58:46.740 --> 00:58:49.700
I wanna explain why all this is important to AI

1207
00:58:49.700 --> 00:58:51.980
because I know there's a lot of people here

1208
00:58:51.980 --> 00:58:53.940
who are focusing on artificial intelligence.

1209
00:58:53.940 --> 00:58:57.620
So when you use a program like MidJourney,

1210
00:58:58.860 --> 00:59:03.140
MidJourney, you can get a lot of different results.

1211
00:59:03.140 --> 00:59:06.060
You can get images, you can get logos,

1212
00:59:06.060 --> 00:59:10.580
like you can create final designs for things, right?

1213
00:59:10.580 --> 00:59:13.300
Now there are certain artificial intelligence programs

1214
00:59:13.340 --> 00:59:15.620
that are out there right now.

1215
00:59:15.620 --> 00:59:18.060
Let me see if I can grab one of them for you guys

1216
00:59:19.260 --> 00:59:20.980
that literally have come out right now,

1217
00:59:20.980 --> 00:59:23.580
like within the last two weeks that have come out.

1218
00:59:24.740 --> 00:59:29.740
AI, where core logo design, here we go.

1219
00:59:32.380 --> 00:59:33.740
I mean, there's some older ones,

1220
00:59:33.740 --> 00:59:36.620
but there's some very new ones that have come out.

1221
00:59:37.900 --> 00:59:40.060
See if I can find a newer ones for you.

1222
00:59:40.060 --> 00:59:42.340
I know there's brand crowd is one of them,

1223
00:59:42.380 --> 00:59:43.260
but let me see.

1224
00:59:45.260 --> 00:59:47.500
Logo AI, that's another one.

1225
00:59:48.540 --> 00:59:51.220
Yeah, Logo AI is another one.

1226
00:59:51.220 --> 00:59:53.260
All right, so let me see if I can open this for you guys

1227
00:59:53.260 --> 00:59:55.100
so you can see what I'm talking about.

1228
00:59:57.300 --> 00:59:59.140
Move this over, come on.

1229
01:00:00.000 --> 01:00:04.200
Okay, I'm just gonna walk you through something real quick.

1230
01:00:04.200 --> 01:00:06.440
Let me stop my share and then start my share.

1231
01:00:07.880 --> 01:00:09.220
Logo AI, okay.

1232
01:00:10.320 --> 01:00:15.320
All right, here is the site for Logo AI.

1233
01:00:19.520 --> 01:00:21.320
You go on to, I'll show you how it starts.

1234
01:00:21.320 --> 01:00:23.320
Let's go to the main page.

1235
01:00:23.320 --> 01:00:25.320
This is the main page.

1236
01:00:25.320 --> 01:00:26.800
Let's create a unique logo.

1237
01:00:26.800 --> 01:00:29.240
You come in and it says, give me your logo name.

1238
01:00:31.000 --> 01:00:36.000
Okay, I'm not personally for these kinds of things

1239
01:00:36.680 --> 01:00:39.340
unless I've actually got the things protected.

1240
01:00:39.340 --> 01:00:42.000
I'm not into putting my stuff on somebody else's platform

1241
01:00:42.000 --> 01:00:43.480
unless I've got it protected,

1242
01:00:43.480 --> 01:00:44.840
or if it's a government site,

1243
01:00:44.840 --> 01:00:46.280
because the government's not gonna steal

1244
01:00:46.280 --> 01:00:49.440
my own trademark, right?

1245
01:00:49.440 --> 01:00:54.440
But let's say I go into here and I type in F-I-R-S-H-A-R.

1246
01:00:54.440 --> 01:00:57.440
F-I-R-S-H-A-R.

1247
01:00:58.760 --> 01:01:03.760
No, let's do Feshir, here we go, Feshir.

1248
01:01:05.000 --> 01:01:08.760
That is the, let's say that's the trademark.

1249
01:01:08.760 --> 01:01:11.480
Enter your logo name, that's the logo name.

1250
01:01:11.480 --> 01:01:13.080
Please select an industry.

1251
01:01:13.080 --> 01:01:16.560
Now you come over here and let's say it's gonna be travel.

1252
01:01:17.880 --> 01:01:20.160
Select your color schemes.

1253
01:01:20.160 --> 01:01:23.280
Let's go with travel.

1254
01:01:23.800 --> 01:01:26.900
Pastel, I'm gonna do gradient.

1255
01:01:29.280 --> 01:01:31.360
Select your font size and come over here

1256
01:01:31.360 --> 01:01:33.700
and let's say I wanna use modern.

1257
01:01:36.120 --> 01:01:39.220
Modern, selected, yep, generate.

1258
01:01:40.080 --> 01:01:44.320
Okay, we're generating logos for you.

1259
01:01:44.320 --> 01:01:45.160
Look at this.

1260
01:01:45.160 --> 01:01:49.640
This is, I just did a live demonstration for you

1261
01:01:49.640 --> 01:01:54.400
of artificial intelligence creating logos, okay?

1262
01:01:58.720 --> 01:02:01.440
Now we just did this live within seconds.

1263
01:02:01.440 --> 01:02:04.240
I've got all of these, all these things here,

1264
01:02:04.240 --> 01:02:05.480
all these different examples.

1265
01:02:05.480 --> 01:02:07.720
So let's say I look at this and I go,

1266
01:02:08.720 --> 01:02:10.420
ooh, I like this one.

1267
01:02:11.440 --> 01:02:12.600
This is the one I like.

1268
01:02:12.600 --> 01:02:15.100
Yeah, I like this, preview this one.

1269
01:02:15.100 --> 01:02:16.680
Awesome, I like that.

1270
01:02:16.680 --> 01:02:18.200
Yep, I wanna go with it.

1271
01:02:18.200 --> 01:02:19.880
And let's say I say I'm gonna buy it.

1272
01:02:19.880 --> 01:02:23.640
So I click on buy and I go through the actual program

1273
01:02:23.640 --> 01:02:25.640
and I buy the thing, okay.

1274
01:02:25.640 --> 01:02:27.400
Oh no, no, don't lose it.

1275
01:02:27.400 --> 01:02:29.280
Come back, come back.

1276
01:02:31.800 --> 01:02:33.480
Oh, it's giving me more.

1277
01:02:33.480 --> 01:02:34.360
Oh, it's giving me more.

1278
01:02:34.360 --> 01:02:36.880
Okay, so let's say we go with another one here.

1279
01:02:40.000 --> 01:02:45.000
Let's do one that is easy to search on the USPTO website.

1280
01:02:45.400 --> 01:02:46.240
Let's see.

1281
01:02:50.400 --> 01:02:52.200
Let's go with this one here.

1282
01:02:53.920 --> 01:02:55.720
All right, so let's say this is the one we go with,

1283
01:02:55.720 --> 01:02:56.560
right there.

1284
01:02:57.400 --> 01:02:59.240
So now this is what a lot of startups are doing.

1285
01:02:59.240 --> 01:03:02.000
They look at this and they go, oh, that's awesome.

1286
01:03:02.000 --> 01:03:03.800
And they go and they buy it.

1287
01:03:03.800 --> 01:03:04.720
And what do they start doing?

1288
01:03:04.720 --> 01:03:07.880
They start using it immediately, right?

1289
01:03:09.400 --> 01:03:11.240
Trademark search has not been done.

1290
01:03:11.240 --> 01:03:13.000
Trademark search has not been done.

1291
01:03:14.920 --> 01:03:17.720
There's no trademark search has been done at this point.

1292
01:03:18.960 --> 01:03:20.480
That's a major problem.

1293
01:03:21.480 --> 01:03:23.520
I'm gonna show you why it's a problem.

1294
01:03:23.520 --> 01:03:26.600
If I go over to, let's see.

1295
01:03:35.000 --> 01:03:36.600
I don't know if you guys noticed this,

1296
01:03:36.600 --> 01:03:41.600
but trademark searching online.

1297
01:03:43.760 --> 01:03:46.920
Did you notice that the design that they had,

1298
01:03:46.920 --> 01:03:49.120
it looked very similar to,

1299
01:03:49.120 --> 01:03:52.760
remember the old records that we had, right?

1300
01:03:52.760 --> 01:03:54.720
Yeah, so the old records,

1301
01:03:54.720 --> 01:03:56.520
there was this little disc that you would put

1302
01:03:56.520 --> 01:03:59.760
in the big hole so that it could now be played

1303
01:03:59.760 --> 01:04:01.040
on a record player.

1304
01:04:01.040 --> 01:04:04.520
That internal piece looked just like one of them.

1305
01:04:04.520 --> 01:04:06.080
That's exactly what it looked like.

1306
01:04:06.560 --> 01:04:09.480
So if I go over here and I do a design mark search

1307
01:04:09.480 --> 01:04:14.480
and I'm not sure how to really describe that thing,

1308
01:04:14.520 --> 01:04:15.840
tell you the truth, but.

1309
01:04:17.880 --> 01:04:19.160
It was kind of a diamond.

1310
01:04:19.160 --> 01:04:20.360
I was going right there with you,

1311
01:04:20.360 --> 01:04:23.320
kind of, but not a pentagon or an octagon.

1312
01:04:23.320 --> 01:04:24.360
Show it again.

1313
01:04:25.480 --> 01:04:27.320
Show it again, I'd have to go back.

1314
01:04:29.640 --> 01:04:34.640
It was more like triangle, like folded edges, right?

1315
01:04:34.840 --> 01:04:38.560
Well, let's see if it actually probably changes

1316
01:04:38.560 --> 01:04:39.400
at each time.

1317
01:04:40.320 --> 01:04:42.360
Oh, I thought you had it up still.

1318
01:04:42.360 --> 01:04:44.720
No, I think it's gone.

1319
01:04:49.000 --> 01:04:51.400
I mean, some of these things just make it so simple.

1320
01:04:51.400 --> 01:04:53.680
Like, oh, this is even better example.

1321
01:04:53.680 --> 01:04:55.160
The wave right there.

1322
01:04:55.160 --> 01:04:56.760
This is easier.

1323
01:04:56.760 --> 01:04:58.320
This is much easier.

1324
01:04:58.320 --> 01:05:00.240
All right, so let's just do that.

1325
01:05:00.000 --> 01:05:06.560
we'll do the wave one, or here, the moon. But let's go with the wave. So here's an example of

1326
01:05:06.560 --> 01:05:11.440
a wave. So it has fetch year with the wave. So now I come over to another window and I go

1327
01:05:12.560 --> 01:05:20.880
uspto.gov. Boom, I do trademarks. I do search. No, I don't want to give you feedback.

1328
01:05:20.880 --> 01:05:36.480
And I go down to word search. And let's just say I put in wave as a design description.

1329
01:05:39.280 --> 01:05:41.600
Let's see. I think design description would be the best.

1330
01:05:46.160 --> 01:05:49.600
Yeah, let's do that. We'll do wave as a design description.

1331
01:05:51.440 --> 01:05:57.120
And just submit. Submit. There's a ton. If I look at the images here,

1332
01:05:57.840 --> 01:06:04.000
you see all these trademarks. Oh, you actually can't see this. Let me share my other screen.

1333
01:06:04.000 --> 01:06:09.280
You're on the other screen, I remembered. Here we go. This is a trademark search result

1334
01:06:10.080 --> 01:06:19.040
right here. See the wave right here? There's one. Let's see where else.

1335
01:06:21.680 --> 01:06:26.720
Here's another one. This create gurus. That's a single wave. It's another one.

1336
01:06:28.160 --> 01:06:35.920
So what I'm doing is I just within five minutes walked you through why it is that using artificial

1337
01:06:35.920 --> 01:06:41.920
intelligence and not understanding intellectual property law can walk you into a lawsuit.

1338
01:06:43.200 --> 01:06:46.320
Like I literally just walked you through that within five minutes.

1339
01:06:47.280 --> 01:06:55.040
We went to, and just to be clear, this is great. I love this tool. There's nothing wrong with this

1340
01:06:55.040 --> 01:07:03.040
tool as far as I'm concerned, except for the fact that it's just a random image generator.

1341
01:07:03.760 --> 01:07:09.120
And it's utilizing things that have been out there before. So I can come into this program

1342
01:07:10.080 --> 01:07:19.040
and just start up another one. So now let's say the logo name is Slotskis.

1343
01:07:21.040 --> 01:07:25.520
So, and then I just click continue and I come over here and it's going to be in sports.

1344
01:07:26.480 --> 01:07:34.320
And it's going to be cold colors, continue. And I want it to be more playful. No, not playful,

1345
01:07:34.880 --> 01:07:40.480
aggressive. So let's say we'll do slab generate.

1346
01:07:43.120 --> 01:07:51.600
So now, boom, here comes more images, Slotskis, right? I mean, seems like an incredible tool,

1347
01:07:53.200 --> 01:07:57.440
but all of these, none of these here, not a single one of these things,

1348
01:07:57.440 --> 01:08:01.600
have they done a trademark search for. You now understand trademark law.

1349
01:08:02.240 --> 01:08:07.680
You now understand that these logos here, you need to go do a search. Now you need to search

1350
01:08:07.680 --> 01:08:14.240
for two things, just to be clear. You need to search for the name Slotskis and you need to

1351
01:08:14.240 --> 01:08:20.479
search for the image, both. Those are two different things. This is trademark day one.

1352
01:08:20.479 --> 01:08:25.920
Tomorrow we'll go into more detail and we'll give more examples. I wanted to cover like the basics

1353
01:08:25.920 --> 01:08:30.319
first to make sure everybody's on the same page. And then obviously in VIP, we're going to dig into

1354
01:08:30.319 --> 01:08:38.399
this stuff and I'll take some questions on it. But the point being that once you get your results,

1355
01:08:38.399 --> 01:08:48.160
like this right here, that's the AT&T logo. That globe with the lines, that's the AT&T one.

1356
01:08:49.520 --> 01:08:56.479
It's just using different colors. Well, scroll down and you almost have Adidas with that red three.

1357
01:08:56.640 --> 01:09:03.359
Oh yeah, there. Yeah. So they're literally intentionally taking the logos of other

1358
01:09:03.359 --> 01:09:12.479
companies, spitting them out and selling to you. Now, I'm not going to guarantee you, but

1359
01:09:13.279 --> 01:09:17.760
I have a very strong suspicion that if I go to the terms and conditions here,

1360
01:09:18.319 --> 01:09:19.359
terms of use,

1361
01:09:24.800 --> 01:09:26.399
can you guys see the terms and conditions right now?

1362
01:09:29.359 --> 01:09:35.040
Yeah. Can you see it? Yeah, we can. Okay, great. Kind of small. I'll make it a little bigger

1363
01:09:35.040 --> 01:09:41.040
or a lot bigger because it is really small. It's operated by Ting Ping.

1364
01:09:41.200 --> 01:09:48.399
Sounds like an American corporation. Let's see. So now I go down and I look at the terms of service.

1365
01:09:49.279 --> 01:09:52.399
Oh, look at this. Copyrighted intellectual property.

1366
01:09:54.800 --> 01:09:55.280
Okay.

1367
01:09:55.280 --> 01:09:59.520
Oh, look at this. Copyrighted intellectual property.

1368
01:10:00.000 --> 01:10:05.000
Oh, all generated logos are protected by copyright laws.

1369
01:10:05.260 --> 01:10:06.860
You may not use any of the logos

1370
01:10:06.860 --> 01:10:09.300
without obtaining a license from us.

1371
01:10:09.300 --> 01:10:10.940
The thing that kind of cracks me up

1372
01:10:10.940 --> 01:10:14.220
is that they're actually using the logos of other companies

1373
01:10:14.220 --> 01:10:16.460
and then claiming that they own them.

1374
01:10:16.460 --> 01:10:19.660
So that, this is why I'm showing this to you

1375
01:10:19.660 --> 01:10:21.320
and why I hope you understand

1376
01:10:21.320 --> 01:10:23.060
that I had to set up a foundation

1377
01:10:23.060 --> 01:10:25.260
before I could go into any of the AI stuff.

1378
01:10:25.260 --> 01:10:27.060
Cause if I just jump right in,

1379
01:10:27.060 --> 01:10:28.120
you guys are not gonna understand

1380
01:10:28.120 --> 01:10:30.520
anything I'm talking about right now.

1381
01:10:30.520 --> 01:10:34.800
These people here are using logos

1382
01:10:34.800 --> 01:10:39.400
that arguably belong to other entities.

1383
01:10:39.400 --> 01:10:42.900
Then you are purchasing the logo from them.

1384
01:10:42.900 --> 01:10:45.280
And they're saying that you're obtaining a license

1385
01:10:45.280 --> 01:10:49.600
from them to use a logo that belonged to somebody else.

1386
01:10:50.800 --> 01:10:52.600
I mean, let me just kind of make this

1387
01:10:52.600 --> 01:10:54.040
a little more clear for you guys, right?

1388
01:10:54.040 --> 01:10:56.160
I'm gonna stop sharing your screen for a second.

1389
01:10:56.160 --> 01:10:58.320
I'll make this really simple for you guys.

1390
01:10:58.320 --> 01:11:01.260
If you hear nothing else here, okay?

1391
01:11:01.260 --> 01:11:03.760
What some of these AI programs are doing

1392
01:11:03.760 --> 01:11:07.240
is they're taking publicly available material

1393
01:11:07.240 --> 01:11:09.480
that may in fact be protected

1394
01:11:11.080 --> 01:11:13.960
by another party on their copyright law.

1395
01:11:13.960 --> 01:11:16.700
You come in, use what they have scraped.

1396
01:11:18.160 --> 01:11:19.720
You pay them to use it.

1397
01:11:19.720 --> 01:11:21.440
You pay them for a license

1398
01:11:22.500 --> 01:11:24.980
because you believe that you are legally now using it.

1399
01:11:24.980 --> 01:11:27.120
However, they obtained it illegally.

1400
01:11:28.740 --> 01:11:30.380
Here's something I want you to understand.

1401
01:11:30.380 --> 01:11:32.060
Please, please understand this.

1402
01:11:34.260 --> 01:11:38.180
If I go steal my neighbor's lawnmower

1403
01:11:39.460 --> 01:11:41.420
and I go over to Anna and I say,

1404
01:11:41.420 --> 01:11:43.820
Anna, I wanna sell you a lawnmower.

1405
01:11:43.820 --> 01:11:47.320
And Anna buys the lawnmower that is stolen, okay?

1406
01:11:49.060 --> 01:11:50.860
It's still a stolen lawnmower.

1407
01:11:51.860 --> 01:11:56.860
Now, the fact that they're using something illegal

1408
01:11:58.580 --> 01:12:00.220
and you're buying it from them,

1409
01:12:00.220 --> 01:12:03.520
something that is illegal, still makes it illegal,

1410
01:12:03.520 --> 01:12:05.260
which means you can still be sued

1411
01:12:05.260 --> 01:12:10.260
for copyright infringement or trademark infringement.

1412
01:12:10.300 --> 01:12:13.980
So it's your job to look into these kinds of things,

1413
01:12:13.980 --> 01:12:18.420
like look and figure out where are these images coming from?

1414
01:12:18.420 --> 01:12:20.440
Where is this text coming from?

1415
01:12:21.700 --> 01:12:24.180
And I just walked you through an example

1416
01:12:24.180 --> 01:12:27.500
of how I just did a trademark search within minutes

1417
01:12:27.500 --> 01:12:29.900
and found that material that was being offered

1418
01:12:29.900 --> 01:12:32.820
to you guys right now under what they say

1419
01:12:32.820 --> 01:12:35.620
is their license to use their material

1420
01:12:36.580 --> 01:12:38.160
will walk you into a lawsuit.

1421
01:12:40.000 --> 01:12:41.680
This is happening now.

1422
01:12:42.780 --> 01:12:45.260
This is the business world now in AI.

1423
01:12:46.660 --> 01:12:50.020
Okay, so you've gotta be, please be careful.

1424
01:12:50.060 --> 01:12:53.060
The thing that you would like to see in this case,

1425
01:12:53.060 --> 01:12:54.840
all right, finally, I can say this,

1426
01:12:54.840 --> 01:12:56.540
this is not legal advice.

1427
01:12:56.540 --> 01:12:58.840
Man, it took a long time to get to this point.

1428
01:13:00.860 --> 01:13:02.660
All right, this is not legal advice.

1429
01:13:03.820 --> 01:13:06.220
However, hey, Anna, we drank enough

1430
01:13:06.220 --> 01:13:08.180
when we were out there in Portugal,

1431
01:13:08.180 --> 01:13:10.540
so we're good, we got it covered, we got it covered.

1432
01:13:10.540 --> 01:13:12.800
So here's the deal.

1433
01:13:13.700 --> 01:13:18.700
There is a thing called an indemnification provision, okay?

1434
01:13:19.140 --> 01:13:22.260
What an indemnification provision is,

1435
01:13:22.260 --> 01:13:25.220
is an indemnification provision

1436
01:13:25.220 --> 01:13:26.980
is where another company tells you

1437
01:13:26.980 --> 01:13:30.220
that if you're ever sued for something bad

1438
01:13:30.220 --> 01:13:35.220
using what they give you, then they will pick up the cost.

1439
01:13:35.300 --> 01:13:37.180
That's what indemnification means.

1440
01:13:40.180 --> 01:13:42.020
Personally, I would not trust it.

1441
01:13:42.020 --> 01:13:46.520
I'm just telling you that it's the Wild West right now.

1442
01:13:48.900 --> 01:13:50.500
I wouldn't trust it.

1443
01:13:50.500 --> 01:13:54.220
I try to find some of the sites

1444
01:13:55.100 --> 01:13:59.980
that actually have a license to the works

1445
01:13:59.980 --> 01:14:03.820
or are using only open source or licensed works,

1446
01:14:03.820 --> 01:14:05.520
like only, that's it.

1447
01:14:05.520 --> 01:14:09.140
As far as I know, Adobe Firefly is one of them.

1448
01:14:10.620 --> 01:14:13.580
I'll double check to see if I've got any updates on that,

1449
01:14:13.580 --> 01:14:16.340
but when Adobe Firefly kind of talked about

1450
01:14:16.340 --> 01:14:19.500
their coming out public, that was their big statement.

1451
01:14:19.500 --> 01:14:21.780
All right, all right, I'm gonna stop there.

1452
01:14:23.300 --> 01:14:25.380
Was this helpful today?

1453
01:14:25.380 --> 01:14:26.300
Does this help you guys out?

1454
01:14:26.300 --> 01:14:28.220
Okay, so here's the thing.

1455
01:14:28.220 --> 01:14:32.420
Today, you got a basic understanding of trademarks,

1456
01:14:32.420 --> 01:14:35.020
what the infringement factors are.

1457
01:14:35.020 --> 01:14:37.580
You understood how trademarks are used.

1458
01:14:38.580 --> 01:14:40.980
You understood which things are protectable,

1459
01:14:40.980 --> 01:14:42.180
what things are not protectable.

1460
01:14:42.180 --> 01:14:44.660
How do you determine if there is infringement?

1461
01:14:44.660 --> 01:14:48.860
Now that you know that, you can apply that to AI.

1462
01:14:48.860 --> 01:14:50.900
You can apply it to packaging.

1463
01:14:50.900 --> 01:14:53.460
You can apply it to anything you want.

1464
01:14:53.460 --> 01:14:55.300
Okay, and tomorrow,

1465
01:14:55.300 --> 01:14:57.420
we're gonna go into more detail on trademarks.

1466
01:14:57.420 --> 01:14:59.660
We're gonna do it in VIP.

1467
01:14:59.660 --> 01:15:00.500
We're gonna do it.

1468
01:15:00.000 --> 01:15:02.940
when actual trademark application filing,

1469
01:15:02.940 --> 01:15:06.040
like step-by-step, like literally every single step,

1470
01:15:06.040 --> 01:15:08.020
don't miss tomorrow.

1471
01:15:08.020 --> 01:15:09.840
But in here in the class,

1472
01:15:09.840 --> 01:15:11.800
I'll tell you the parts that exist

1473
01:15:11.800 --> 01:15:12.840
in a trademark application.

1474
01:15:12.840 --> 01:15:14.680
You just won't be part of that

1475
01:15:14.680 --> 01:15:16.040
because it's a long process.

1476
01:15:16.040 --> 01:15:18.360
It takes about 20, 25 minutes

1477
01:15:18.360 --> 01:15:20.840
just to prepare a trademark application.

1478
01:15:20.840 --> 01:15:22.560
And as I'm explaining it,

1479
01:15:24.320 --> 01:15:26.120
it just takes up the majority of time.

1480
01:15:26.120 --> 01:15:27.740
So we're gonna do that in VIP.

1481
01:15:27.740 --> 01:15:29.080
Okay.

1482
01:15:29.080 --> 01:15:29.920
All right, my friends,

1483
01:15:29.920 --> 01:15:32.700
I'm gonna let you go at 8.30.

1484
01:15:32.700 --> 01:15:34.940
We will jump into VIP.

1485
01:15:34.940 --> 01:15:36.260
Sorry, we took a little longer,

1486
01:15:36.260 --> 01:15:39.240
but this day is always the longest day.

1487
01:15:39.240 --> 01:15:42.540
Day three, hump day, it's always the longest day.

1488
01:15:42.540 --> 01:15:45.920
And so we end up going a few minutes over now

1489
01:15:45.920 --> 01:15:46.860
just because I wanna make sure

1490
01:15:46.860 --> 01:15:49.060
you guys get as much as you can.

1491
01:15:49.060 --> 01:15:51.700
So, all right, with that, I'm gonna jump off.

1492
01:15:51.700 --> 01:15:52.580
I'll leave you Larissa.

1493
01:15:52.580 --> 01:15:55.260
I'll see you guys at 8.30 in VIP.

1494
01:15:55.260 --> 01:15:59.900
Otherwise, tomorrow is, tomorrow Thursday?

1495
01:16:00.740 --> 01:16:01.580
It is.

1496
01:16:01.580 --> 01:16:03.560
Yeah, you guys don't wanna miss tomorrow.

1497
01:16:03.560 --> 01:16:05.640
Just trust me, beer tomorrow.

1498
01:16:05.640 --> 01:16:06.480
Okay.

1499
01:16:06.480 --> 01:16:07.360
I won't say anything else on it.

1500
01:16:07.360 --> 01:16:08.200
Just beer tomorrow.

1501
01:16:08.200 --> 01:16:09.040
Okay.

1502
01:16:09.040 --> 01:16:10.880
All right, I will catch you guys at 8.30.

1503
01:16:10.880 --> 01:16:13.720
I'll leave you guys with Larissa and I'll see you soon.

1504
01:16:13.720 --> 01:16:14.840
Have a good night, guys.

1505
01:16:14.840 --> 01:16:15.920
Thank you, Peter.