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I have two questions, and the first one came up when he said we could trademark colors.

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What does that mean?

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Does that mean if our logo uses certain color scheme, like brand colors, we can trademark

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that?

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Well think of, and I'm not, this is not legal advice, but what shipping company would you

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think of associated with a color?

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UPS, with the brown.

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Yeah, so see how that brown?

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So it just may be that they have trademarked that.

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I've actually looked, because of this class, on the back of candy wrappers to see that

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some companies, like Reese's, with the orange Reese's pieces and all that, so orange, they're

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like that RGB, whatever, I'm not a graphic designer, got that going on, like Ray does.

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It's done.

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Peter is real.

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He helped that one company trademark a certain color of blue to the electronics division.

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That's why the international class is so important.

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It can be done.

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Now, I don't know if he's mentioned yet, he's going to be like, Larissa, you're not

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the teacher.

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No, I'm not.

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But like in these international classes, and here he comes.

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You're doing well.

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Just keep going.

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Keep going.

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I'm listening.

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Good, good.

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You got this.

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Go ahead.

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Yeah, so in an international class, like you could have brown for possibly, let's say,

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for shoes.

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Like if you just hit it, like you had a certain trade of brown, like a patent leather with,

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you know, like that could be it.

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You tell me, fashionista, what famous shoe is, the bottoms are always red?

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La Boutin.

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There you go.

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Or La Boots, as they call it, the abbreviation La Boots.

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La Boots, La Boots.

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Michelle, can you hear us yet?

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Are you doing good, Michelle, seeing that?

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So it cannot, it can't even possibly be by chance.

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That literally was the example I was going to use for trade dress today.

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We did not plan this.

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Which kind of is hilarious, because I didn't talk to Larissa about this at all.

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But there was a question yesterday about trade dress, and how do you actually get legal rights

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for trade dress?

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And so this is a really good example.

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La Boutin, right there.

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They actually own the red sole associated with shoes.

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Now, that's a trade dress.

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Okay, that means the look and feel of their shoes.

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All of the shoes, all of them have that same red sole.

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Like you look at what, and so they will sue companies for using a red sole.

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Because they become so well known for the red soles.

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You know, and so, I mean, these are, and these are not cheap shoes, by the way.

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Like their shoes are extremely expensive.

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So that's actually a really good example that you guys provided.

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So yes, colors can be trademarked.

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But there needs to be some kind of level of distinctiveness about it.

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Meaning people know the color.

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Like you can't just come out today and say, you know what?

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I own green for like headphones.

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Like, you know, this is a pair of $300 headphones that I use, right, for gaming.

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These are expensive headphones.

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Like I put these on and I can hear everything.

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Like it's almost unfair when I play against people that don't have this kind of set.

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Because I can hear everything.

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Like I know if somebody is creeping up on me behind a wall.

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I literally turn towards the wall.

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And the second they turn around, they get slapped.

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And they go, you're cheating.

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I said, no, I got a bigger budget than you.

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That's what it is.

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That's how it is.

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Like I've been there, done that.

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I got a bigger budget.

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So the whole point being, let's say I decided to just say, well, for headsets, I'm going to own the color green for the inner piece right here.

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All the headsets that have green are going to be mine.

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I can't come out today and file a trademark application for that.

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Whenever you go for color on a trademark, it's got to be well known.

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Like it can't be like I decided to do today, file a trademark application.

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It will get rejected.

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You've got to actually show proof in the public that they have come to recognize that color with what you're doing.

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So when I filed a trademark application for the color blue, and I believe it was Macintosh.

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and their audio receiver.

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I filed that application

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and I'm not exaggerating in any way, shape or form.

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I called up the United States Patent and Trademark Office

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when I got the rejection.

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And there was a board of individuals

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that were looking at my application

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because it had gotten rejected.

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And I called them up and I said,

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hey, yeah, I'm the one who filed the copyright application

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for the color blue.

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And the guy started laughing at me.

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Now this is somebody

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from the United States Patent and Trademark Office.

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He started laughing at me.

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And I just, I mean, I've got a really good sense of humor.

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So I said, all right, well, you know,

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I guess it's kind of funny,

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but I've got a trademark application for the color blue.

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And the guy says, I've been with the copyright,

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I mean, with the Trademark Office for,

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I think he said 20, it was like 20 something years.

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And he says, in my entire career,

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I've only seen two applications

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and only one has been allowed.

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And I said, this is an awesome day then

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because this is going to be number two.

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And he started laughing.

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He thought that was hilarious.

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I totally caught him off guard.

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He was expecting me to be all like,

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no, no, we're going to get a registration.

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No, I said, this is going to be number two.

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And he laughed and he says,

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no, the chances that you get a registration

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are like slim to none.

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I said, the way I see this,

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you are the best person for me to have gotten

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a trademark application in front of

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because there are very few registrations

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for anything with color.

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And you are one person who has experience with it.

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So you know exactly what I need.

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So I humbly request that you help me,

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because in this case,

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I've got a client who's been using that color blue

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for over 20 years,

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and they're well-known for that color.

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And he says, no, I know that they're well-known for it,

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but your application's horrible.

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This is bad.

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That's bad.

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I said, that's all right.

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Beat me up.

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Beat me up.

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I don't care.

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Tell me how to do it.

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I'll do whatever you want.

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And we did, and we got a registration.

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And so it's one of the few color registrations in the world.

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Like it's extremely rare.

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Like pink for fiberglass is owned by Corning.

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Brown for UPS is owned for packaging.

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You know, it's just extremely rare,

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but you can do it.

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You can most certainly do it.

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So yeah, that's one of the topics

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that you guys were talking about.

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Well, thank you for allowing me to grab something quickly,

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because I've been prepping for this,

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this session, the earlier session,

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and this session most of the day,

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because the tricky part about doing today is that

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I know there's people that are looking

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for certain content on AI,

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and I can't touch it until I lay down the foundation.

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It's just not possible.

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Because otherwise I would have started,

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I would have said to everybody,

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hey, look, you see, see how you use this program

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and it gives you the logo?

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That's trademark infringement.

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And people would go, how?

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Like, why?

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I don't understand.

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What do I do about that?

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So we've laid down the foundation.

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You guys have got the replays.

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You can watch it.

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And we're going to dig into now trademark searching,

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because I want you to be able to do some of this stuff

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you're on your own.

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And the beauty of this is that after today,

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you'll be able to do some of this searching

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and you know how much it's going to cost you?

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Zero.

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It'll cost you nothing to be able to do this.

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So just by learning how to do a trademark search

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on your own,

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you'll get way more than your 95 bucks back.

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By now, if you haven't figured out

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that you got way more than your value back,

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there's a problem.

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So you definitely got your value.

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All right.

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Let's jump into doing an actual search together.

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All right.

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So I'm going to pull up

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the United States Patent and Trademark Office site.

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And I'm going to walk you through a search.

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Let me show you one thing before I jump in.

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Because once I jump in, it's going to be a deep dive.

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Let me show you one thing before I jump in.

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How was that example for the logos for you guys?

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Was that helpful showing you the AI rendered image

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and what the problem is?

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So it makes sense, right?

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Okay.

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Now, let me show you something.

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Remember I told you about Firefly?

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Let me show you Firefly.

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Very different.

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Very different.

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Let me share my screen.

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This is actually a write-up,

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a pretty good write-up on Firefly that was done.

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Remember, Firefly is in a beta version.

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Whoa, whoa, whoa, whoa.

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Where'd everything go?

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Come back.

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Come back.

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Oh, let me find it again.

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Come back.

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Where you at?

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There we go.

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Okay.

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Can you see on the screen what is Adobe Firefly?

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Yeah, all right, let me make it bigger.

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All right, can you see it better now?

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Okay. All right, this is actually a pretty darn good

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description that was done by a reporter.

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I think it was in March.

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And again, this is in its beta version, but Adobe Firefly,

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so it was about eight months ago, I went live

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and I told people that there was going to be this problem

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with copyright infringement, trademark infringement

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with all these AI programs.

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And then I said, one of the biggest issues

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that people have to address is that the content

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that was scraped is actually owned by others

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under copyright law and trademark law.

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And so if you use as results, what is rendered

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by these engines, you can get sued.

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And I said, somebody has to come out with a version

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that only uses licensed work

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so that you don't get in trouble.

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Lo and behold, boom, Adobe Firefly comes out.

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Now look at what they're promoting with.

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This is how they're promoting this.

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They'll tell you that in their content,

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let me see if I can show you the write-up on this.

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There we go.

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Yeah, it's even, oh, he did a good job on this.

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Look at this.

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Adobe Firefly is an exciting new AI software

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developed by Adobe, duh, called Adobe Firefly,

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the makers of Photoshop that has revolutionized

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the field of artificial intelligence.

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Now here's the part that I've been talking to you guys.

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Many of the best AI art generators,

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such as Midjourney, Stable Diffusion, and DALI E2

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have been scorned because they scrape the internet.

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I told you that on day one, that's how they work.

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Scrape the internet for reference images

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regardless of ownership or copyright.

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Look at that.

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They're talking about what we've been talking about,

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but Firefly was trained on open source image

262
00:11:59.200 --> 00:12:01.920
and content from Adobe stock.

263
00:12:02.880 --> 00:12:05.640
So that means you won't get sued

264
00:12:05.640 --> 00:12:08.280
for using the results of these programs.

265
00:12:08.280 --> 00:12:11.200
That's what you want to look for as a marketer,

266
00:12:11.200 --> 00:12:16.200
as a business, use platforms that have open source images,

267
00:12:16.920 --> 00:12:20.480
open source content, licensed content,

268
00:12:21.320 --> 00:12:23.320
not like what I showed you before.

269
00:12:23.320 --> 00:12:27.520
What I showed you before was this screen here.

270
00:12:29.040 --> 00:12:30.360
Let me pull the other one up for you

271
00:12:30.360 --> 00:12:33.680
so you could see it again in a terms and conditions.

272
00:12:33.680 --> 00:12:36.480
You have to be able to distinguish between the two.

273
00:12:37.720 --> 00:12:42.480
This is the terms and conditions for Logo AI.

274
00:12:42.480 --> 00:12:43.880
In their terms and conditions,

275
00:12:43.880 --> 00:12:48.880
what they're telling you is that they are giving you

276
00:12:51.320 --> 00:12:53.840
that they have certain legal rights

277
00:12:53.840 --> 00:12:55.480
to everything that they're providing to you

278
00:12:55.480 --> 00:12:58.640
and that you have to get the legal rights from them.

279
00:12:58.640 --> 00:13:01.440
Okay, that is not what you're looking for.

280
00:13:01.440 --> 00:13:03.480
What you're looking for is somebody that tells you

281
00:13:03.480 --> 00:13:07.120
that all the images and content that's provided to you

282
00:13:07.120 --> 00:13:12.120
is open source or licensed so that you won't get sued.

283
00:13:13.280 --> 00:13:16.800
This over here, a big red flag is that it says

284
00:13:16.800 --> 00:13:19.680
all generated logos are protected by copyrights.

285
00:13:19.720 --> 00:13:21.120
You may not use any of the logos

286
00:13:21.120 --> 00:13:24.400
without obtaining a license from us.

287
00:13:24.400 --> 00:13:27.280
You see how it's personally motivated?

288
00:13:27.280 --> 00:13:31.240
It's focused on them, what they're receiving out of this.

289
00:13:31.240 --> 00:13:35.600
That's very different from looking at the agreement

290
00:13:35.600 --> 00:13:40.600
from Adobe that says you can use our open source content,

291
00:13:41.120 --> 00:13:43.360
our licensed content.

292
00:13:43.360 --> 00:13:46.200
This is telling you, you got to get a license from us.

293
00:13:47.200 --> 00:13:49.400
That's usually a motivating factor.

294
00:13:49.400 --> 00:13:51.160
Like when you see somebody kind of like trying

295
00:13:51.160 --> 00:13:53.760
to protect their own interest, protect their own interest.

296
00:13:53.760 --> 00:13:56.160
Like for me that it kind of like sparks,

297
00:13:56.160 --> 00:13:57.240
all right, let me look deeper.

298
00:13:57.240 --> 00:13:59.600
Why am I doing this?

299
00:13:59.600 --> 00:14:01.480
And then it says a license can be obtained

300
00:14:01.480 --> 00:14:03.720
by purchasing the logo.

301
00:14:03.720 --> 00:14:05.640
Oh, wow, surprise.

302
00:14:05.640 --> 00:14:09.600
You buy our trademark infringing logo

303
00:14:09.600 --> 00:14:11.600
and now you've got a license.

304
00:14:12.600 --> 00:14:17.200
So you basically got, I can't say it here, it's too bad.

305
00:14:17.200 --> 00:14:20.680
Anyways, this is a proper audience, I can't say it.

306
00:14:20.680 --> 00:14:24.200
So is, no, I'm not gonna say it.

307
00:14:24.200 --> 00:14:27.400
All right, so you get a license to be sued, basically.

308
00:14:27.400 --> 00:14:28.960
You get a license to be sued.

309
00:14:30.040 --> 00:14:33.160
I was gonna use another word, which is not a now,

310
00:14:33.160 --> 00:14:35.920
but something else that you use to fasten things.

311
00:14:35.920 --> 00:14:37.960
So instead of being sued that.

312
00:14:37.960 --> 00:14:41.160
So that's not very tactful, so I won't say it.

313
00:14:41.480 --> 00:14:46.400
So the problem here is that their license is for purchase.

314
00:14:46.400 --> 00:14:49.640
You obtain a license by purchasing, great.

315
00:14:49.640 --> 00:14:52.880
However, the material is not something that can be utilized.

316
00:14:52.880 --> 00:14:56.320
And I showed you that by doing an actual search with you.

317
00:14:56.320 --> 00:14:59.120
So Firefly, very different.

318
00:14:59.120 --> 00:15:00.160
They specifically.

319
00:15:00.000 --> 00:15:02.720
address this point, you shouldn't have any problems

320
00:15:02.720 --> 00:15:03.220
with them.

321
00:15:03.220 --> 00:15:04.800
It's in beta version, though.

322
00:15:04.800 --> 00:15:10.080
So just realize that since it's in beta version,

323
00:15:10.080 --> 00:15:12.800
it's not the great one that rhymes with soothed.

324
00:15:12.800 --> 00:15:16.520
I don't know.

325
00:15:16.520 --> 00:15:19.000
I don't know what rhymes with soothed.

326
00:15:19.000 --> 00:15:21.000
I'm moving on to the next topic.

327
00:15:21.000 --> 00:15:24.040
All right, let me go ahead and do the trademark search

328
00:15:24.040 --> 00:15:25.160
example now.

329
00:15:27.640 --> 00:15:29.480
Oh, actually, I want to mention one more thing

330
00:15:29.480 --> 00:15:30.880
before we jump in, because again,

331
00:15:30.880 --> 00:15:32.640
once we get into trademark searching,

332
00:15:32.640 --> 00:15:34.220
we're not going to be able to get out.

333
00:15:34.220 --> 00:15:39.080
So when you file a trademark application,

334
00:15:39.080 --> 00:15:41.480
this is a golden nugget.

335
00:15:41.480 --> 00:15:43.760
When you file a trademark application,

336
00:15:43.760 --> 00:15:46.440
file it in black and white.

337
00:15:46.440 --> 00:15:48.440
Now, some of you might be saying,

338
00:15:48.440 --> 00:15:50.360
well, why would I file it in black and white?

339
00:15:50.360 --> 00:15:52.760
My logo is always in color.

340
00:15:52.760 --> 00:15:53.920
This is not legal advice.

341
00:15:53.920 --> 00:15:56.280
Talk to your lawyers to get a confirmation of what

342
00:15:56.280 --> 00:15:59.160
I'm telling you with my 25 years of experience, right?

343
00:15:59.160 --> 00:16:00.640
Talk to your lawyers and find out.

344
00:16:00.640 --> 00:16:04.680
But this is what I will tell you.

345
00:16:04.680 --> 00:16:07.920
If you file in black and white, it covers any color.

346
00:16:07.920 --> 00:16:12.160
If you file it in color, it covers the color.

347
00:16:12.160 --> 00:16:14.560
Do you get that?

348
00:16:14.560 --> 00:16:18.680
So if you have some kind of logo that's in a color,

349
00:16:18.680 --> 00:16:22.880
turn it into grayscale, file it in black and white grayscale,

350
00:16:22.880 --> 00:16:26.640
and the result is that you'll get broader coverage

351
00:16:26.640 --> 00:16:28.600
for the same logo.

352
00:16:29.160 --> 00:16:32.720
You actually use it like purple, and somebody uses it in,

353
00:16:32.720 --> 00:16:39.280
like, I don't know, fluorescent orange.

354
00:16:39.280 --> 00:16:41.800
Now, you still get an argument for trademark infringement,

355
00:16:41.800 --> 00:16:44.040
but you specifically ask for protection

356
00:16:44.040 --> 00:16:47.400
for the color purple in your registration.

357
00:16:47.400 --> 00:16:50.080
Why do that if you can get every single color

358
00:16:50.080 --> 00:16:51.480
by just filing black and white?

359
00:16:51.480 --> 00:16:54.080
So that's just a little golden nugget for you guys.

360
00:16:54.080 --> 00:16:57.360
It'll make your coverage a lot stronger,

361
00:16:57.400 --> 00:16:58.760
and it'll make it harder for people

362
00:16:58.760 --> 00:17:00.720
to get around your registrations.

363
00:17:00.720 --> 00:17:02.360
Okay.

364
00:17:02.360 --> 00:17:06.359
Let me go into the United States Patent Trademark Office

365
00:17:06.359 --> 00:17:08.319
now that my wife will wonder

366
00:17:08.319 --> 00:17:14.160
why I'm looking at $600, $700 female shoes on my computer.

367
00:17:14.160 --> 00:17:15.760
Okay. Let's see.

368
00:17:18.960 --> 00:17:23.640
Maybe she'll think I'm buying them for her.

369
00:17:23.640 --> 00:17:25.599
Maybe that's it.

370
00:17:25.599 --> 00:17:26.640
Now I'm really in trouble.

371
00:17:26.640 --> 00:17:27.720
Now I got to buy them for her.

372
00:17:27.720 --> 00:17:29.120
All right. Let's see.

373
00:17:29.120 --> 00:17:30.720
Let me share my screen.

374
00:17:34.160 --> 00:17:35.840
Okay. Here we go.

375
00:17:35.840 --> 00:17:37.640
All right. We are on the United States

376
00:17:37.640 --> 00:17:44.120
Patent Trademark Office website, the USPTO.

377
00:17:44.120 --> 00:17:46.200
Okay. So when you go to USPTO site,

378
00:17:46.200 --> 00:17:48.440
this is what it looks like.

379
00:17:48.440 --> 00:17:50.480
That's the main screen.

380
00:17:50.480 --> 00:17:53.760
From here, you just go to Trademarks,

381
00:17:53.800 --> 00:17:57.880
and you go down to Searching, and click on that.

382
00:17:57.880 --> 00:17:59.760
That's all.

383
00:17:59.760 --> 00:18:02.160
Now you've got options.

384
00:18:02.160 --> 00:18:03.240
You've got options.

385
00:18:03.240 --> 00:18:09.080
You can either click this really awesome button that's gray,

386
00:18:09.080 --> 00:18:10.720
or you can just click on the link.

387
00:18:10.720 --> 00:18:12.640
Either one, they go to the same place.

388
00:18:12.640 --> 00:18:15.840
You click on it, and you go to this screen here.

389
00:18:15.840 --> 00:18:17.760
All right.

390
00:18:17.760 --> 00:18:20.640
Here's the thing with this screen.

391
00:18:20.640 --> 00:18:22.400
If you're doing a search, I'm going to suggest

392
00:18:22.400 --> 00:18:23.640
that you do the second one.

393
00:18:23.640 --> 00:18:27.160
Not the first one.

394
00:18:27.160 --> 00:18:30.440
The reason why is because you guys are in VIP.

395
00:18:30.440 --> 00:18:33.720
So I'm going to be explaining to you.

396
00:18:33.720 --> 00:18:34.120
It's funny.

397
00:18:34.120 --> 00:18:36.160
I just heard Ricky Ricardo in the background.

398
00:18:36.160 --> 00:18:37.920
You've got some explaining to do.

399
00:18:37.920 --> 00:18:40.360
I'm going to be explaining to you

400
00:18:40.360 --> 00:18:44.000
how to use multiple categories of searches

401
00:18:44.000 --> 00:18:45.720
versus this basic one.

402
00:18:45.720 --> 00:18:49.200
This basic one, all you can do is type in the word itself

403
00:18:49.200 --> 00:18:51.200
or the serial number, which you're not going to know,

404
00:18:51.200 --> 00:18:52.800
or the owner of it.

405
00:18:52.960 --> 00:18:54.920
It's not great.

406
00:18:54.920 --> 00:18:57.440
The second one here, though, look at this.

407
00:18:57.440 --> 00:19:00.720
Look at all the features.

408
00:19:00.720 --> 00:19:03.480
You can select any of these features,

409
00:19:03.480 --> 00:19:07.360
and there's a lot of features that you can select from.

410
00:19:07.360 --> 00:19:09.560
I'll show you which ones to use because, again, you

411
00:19:09.560 --> 00:19:10.520
guys are in VIP.

412
00:19:10.520 --> 00:19:13.760
So I'm going to walk you through the best things to use

413
00:19:13.760 --> 00:19:17.160
in your own trademark searching.

414
00:19:17.160 --> 00:19:18.840
The first thing.

415
00:19:18.880 --> 00:19:22.840
I would never do a search selecting full mark.

416
00:19:22.840 --> 00:19:28.000
The reason why is because if you search for a record that

417
00:19:28.000 --> 00:19:31.000
shows the full mark, it will only

418
00:19:31.000 --> 00:19:37.960
return to you trademarks that are the exact same thing.

419
00:19:37.960 --> 00:19:41.280
OK, that's kind of a problem.

420
00:19:41.280 --> 00:19:45.040
So as an example, if I type in N-I-K-E

421
00:19:45.040 --> 00:19:50.080
and I type in over here footwear,

422
00:19:50.080 --> 00:19:51.960
that sounds like Nike.

423
00:19:51.960 --> 00:19:56.040
I go to field, and I'll just say goods and services.

424
00:19:56.040 --> 00:20:00.680
And I say full mark, and I choose and, and I submit.

425
00:20:00.000 --> 00:20:11.000
You see what I get, Nikes, NIKYs, that's it, an abandoned application, clearly.

426
00:20:11.000 --> 00:20:14.320
All right, I've never seen this before.

427
00:20:14.320 --> 00:20:16.400
These guys tried to pull a fast one.

428
00:20:16.400 --> 00:20:17.400
Look at this.

429
00:20:17.400 --> 00:20:22.120
They filed a trademark application for Nikes with a Y?

430
00:20:22.120 --> 00:20:23.600
It was really a girl named Nikki.

431
00:20:23.600 --> 00:20:24.600
Is it really?

432
00:20:24.600 --> 00:20:25.600
I don't even know.

433
00:20:25.600 --> 00:20:26.600
No, I don't know.

434
00:20:26.600 --> 00:20:27.600
I think that'd be the only reason why they tried.

435
00:20:27.600 --> 00:20:28.600
Maybe, maybe it is.

436
00:20:28.600 --> 00:20:29.600
I don't know.

437
00:20:29.600 --> 00:20:34.000
But look at this, footwear, clothing, shirts, headwear.

438
00:20:34.000 --> 00:20:38.400
Those are like retail sporting goods stores.

439
00:20:38.400 --> 00:20:44.400
Whoever did this, this is like blatant.

440
00:20:44.400 --> 00:20:48.900
That's literally the services and goods associated with Nike.

441
00:20:48.900 --> 00:20:51.440
But they filed it with a Y.

442
00:20:51.440 --> 00:20:56.200
And I guarantee you, if I look at their records, that it was rejected.

443
00:20:56.200 --> 00:20:57.200
Let me see.

444
00:20:57.200 --> 00:20:59.200
This is the actual office action.

445
00:20:59.200 --> 00:21:03.760
This is the actual rejection that went out.

446
00:21:03.760 --> 00:21:09.720
And if I scroll down, likelihood of confusion with, oh, wow, I can't believe it.

447
00:21:09.720 --> 00:21:10.720
Really?

448
00:21:10.720 --> 00:21:11.720
Nike?

449
00:21:11.720 --> 00:21:12.720
No way.

450
00:21:12.720 --> 00:21:17.160
It got rejected because of Nike.

451
00:21:17.160 --> 00:21:20.400
Because of what was the refusal for?

452
00:21:20.400 --> 00:21:21.400
Likelihood of confusion.

453
00:21:21.400 --> 00:21:26.080
See, the thing I just taught all of you guys, you guys know more than the person that filed

454
00:21:26.080 --> 00:21:33.200
the trademark application who just wasted over a thousand bucks trying to get something

455
00:21:33.200 --> 00:21:37.000
that they couldn't do, they weren't supposed to be able to do.

456
00:21:37.000 --> 00:21:39.680
Can you guys see the screen that says likelihood of confusion right there?

457
00:21:39.680 --> 00:21:40.680
Okay, cool.

458
00:21:40.680 --> 00:21:45.280
I'm going to close that and go back to where we were.

459
00:21:45.280 --> 00:21:49.040
Let me stop share and then share again.

460
00:21:49.040 --> 00:21:52.040
So everything that I'm teaching you guys is legitimate.

461
00:21:52.040 --> 00:21:57.320
Like I'm not making this stuff up to make myself sound important, like I get to sit

462
00:21:57.320 --> 00:22:00.320
back and work at the law firm, all right?

463
00:22:00.320 --> 00:22:06.320
I'm trying to give you real life practical examples of what can happen to you and your

464
00:22:06.320 --> 00:22:11.360
company where you will waste money by filing something that sounds similar to somebody

465
00:22:11.360 --> 00:22:12.360
else.

466
00:22:12.360 --> 00:22:16.520
You will get rejected and it will be for likelihood of confusion.

467
00:22:16.520 --> 00:22:18.920
Exactly like I just showed you, okay?

468
00:22:18.920 --> 00:22:23.400
So now you have the download on this.

469
00:22:23.400 --> 00:22:29.760
So now let me go back to the search screen, all right?

470
00:22:29.760 --> 00:22:33.920
There are multiple fields that you can select.

471
00:22:33.920 --> 00:22:39.640
In my opinion, you're not going to use abandonment date, you're not going to use affidavits,

472
00:22:39.640 --> 00:22:44.520
you're not going to use assignment recorded, you might use lawyer, the lawyer who's on

473
00:22:44.520 --> 00:22:45.520
the case.

474
00:22:45.520 --> 00:22:50.800
If you search for my name alone, you'll see a ton of records for my name alone.

475
00:22:50.800 --> 00:22:55.080
You're not going to use coordinated class, cancellation date, change of registration,

476
00:22:55.080 --> 00:23:00.760
current basis, nope, because that's like live or dead, decimal, nope.

477
00:23:00.760 --> 00:23:02.760
Description of the mark you might use.

478
00:23:02.760 --> 00:23:03.760
Okay.

479
00:23:03.760 --> 00:23:13.900
So let's say that it is a, like the logo has a lightning bolt in it, right?

480
00:23:13.900 --> 00:23:17.380
And in the description of the mark, when you file a trademark application, which you'll

481
00:23:17.380 --> 00:23:22.400
find out tomorrow, it will say the word lightning bolt.

482
00:23:22.400 --> 00:23:29.660
So what you can do is go into the description and just type in lightning bolt.

483
00:23:29.660 --> 00:23:39.500
Oh, I wonder if there's any sneakers that have lightning bolts on them, let's find out.

484
00:23:39.500 --> 00:23:40.500
Apparently there are.

485
00:23:40.500 --> 00:23:43.700
If I go to the image list, there you go.

486
00:23:44.500 --> 00:23:50.100
The flashes, shoes.

487
00:23:50.100 --> 00:23:54.500
These are all different footwear companies that have lightning bolts in them.

488
00:23:54.500 --> 00:23:55.500
Okay.

489
00:23:55.500 --> 00:23:59.300
The chargers are lightning bolt.

490
00:23:59.300 --> 00:24:02.100
See, so there's an example right there.

491
00:24:02.100 --> 00:24:07.300
So you click on the number, this is their registration.

492
00:24:07.300 --> 00:24:10.300
It's owned by Vaughn East.

493
00:24:11.300 --> 00:24:12.300
Vaughn East.

494
00:24:12.300 --> 00:24:13.300
Okay.

495
00:24:13.300 --> 00:24:14.300
In Arizona.

496
00:24:14.300 --> 00:24:17.300
And that's their sneakers with lightning bolts.

497
00:24:17.300 --> 00:24:26.100
And it was just filed March 15th, 2023.

498
00:24:26.100 --> 00:24:29.500
Is it similar to the Nike swoosh?

499
00:24:29.500 --> 00:24:31.820
I don't, I don't think so.

500
00:24:31.820 --> 00:24:32.820
I don't think so.

501
00:24:32.820 --> 00:24:35.020
I think, I think they'll get away with it.

502
00:24:35.020 --> 00:24:40.620
So, but in any case, going back, that's the description of the mark.

503
00:24:40.620 --> 00:24:46.420
So if the look for, if you're trying to find, let's say you have some kind of new logo and

504
00:24:46.420 --> 00:24:51.180
you want to do a search, you would search words that would describe the logo and you

505
00:24:51.180 --> 00:24:54.340
put, you would select the field description of mark.

506
00:24:54.340 --> 00:24:56.340
That's what you would select design code.

507
00:24:56.340 --> 00:25:00.020
You guys won't know design description.

508
00:25:00.000 --> 00:25:01.920
You could use that.

509
00:25:01.920 --> 00:25:03.980
It's kind of similar to description of the mark.

510
00:25:05.860 --> 00:25:07.100
Disclaimer, you won't use.

511
00:25:07.100 --> 00:25:08.780
Distinctive limitation, you won't use.

512
00:25:08.780 --> 00:25:10.960
Filing date, you're not going to use.

513
00:25:10.960 --> 00:25:17.760
Full mark, again, I suggest you don't use it because going back to my original example,

514
00:25:18.180 --> 00:25:26.920
when you search for, if I am Nike and I search for NIK, I do NIKY,

515
00:25:27.880 --> 00:25:31.820
and I say that is the full mark for footwear.

516
00:25:31.820 --> 00:25:34.320
When I search, I get this.

517
00:25:34.880 --> 00:25:40.700
Now, if that was my search, this is a really good example for a view.

518
00:25:40.700 --> 00:25:46.360
If that was my search, I look at Nike's here, I see an abandoned trademark,

519
00:25:46.360 --> 00:25:51.040
and I think I'm clear, and I go and I start using NIKY right now.

520
00:25:51.040 --> 00:25:59.440
That's a problem because you'll run into a lawsuit from the Nike, N-I-K-E,

521
00:25:59.660 --> 00:26:00.820
because it sounds similar.

522
00:26:00.820 --> 00:26:03.420
The goods and services are exactly the same.

523
00:26:04.580 --> 00:26:06.080
So, what do we do instead?

524
00:26:06.160 --> 00:26:08.480
What we do instead, instead of saying full mark,

525
00:26:08.480 --> 00:26:13.580
we go down to non-punctuation, non-punctuated word mark.

526
00:26:15.200 --> 00:26:16.220
That's what I would select.

527
00:26:16.220 --> 00:26:22.320
Okay, that's one option that you can use.

528
00:26:23.760 --> 00:26:27.840
Another option that you can use is, let me go to,

529
00:26:33.100 --> 00:26:35.440
actually, let me explain what non-punctuated word mark is.

530
00:26:35.760 --> 00:26:39.240
Non-punctuated word mark means that they're going to search for the letters alone,

531
00:26:39.240 --> 00:26:43.720
not for like hyphens and exclamation points and periods, none of that.

532
00:26:43.720 --> 00:26:45.580
Now, here's what the problem is.

533
00:26:45.880 --> 00:26:50.720
And this is why I want you guys to understand that using the United States Patent

534
00:26:50.720 --> 00:26:53.860
and Trademark Office site is not foolproof.

535
00:26:54.520 --> 00:26:59.820
It's a way to decrease the number of results that you can bring it to your attorney, okay?

536
00:27:00.360 --> 00:27:05.200
The reason why I say that is I just did a search for Nike for footwear,

537
00:27:05.700 --> 00:27:09.800
and when I did the search, do you see N-I-K-E here anywhere?

538
00:27:10.740 --> 00:27:13.580
Nowhere. Not one example of it.

539
00:27:13.740 --> 00:27:18.780
Yet, it sounds exactly the same, and it's very similar in spelling.

540
00:27:19.160 --> 00:27:23.140
So, it would likely, I can tell you that it would be a trademark infringement issue.

541
00:27:25.140 --> 00:27:29.480
So, you might believe it's clear by using USPTO website.

542
00:27:30.140 --> 00:27:32.020
That's why you want to get an attorney involved.

543
00:27:32.520 --> 00:27:33.700
I'm not saying get me involved.

544
00:27:33.700 --> 00:27:37.080
I'm just saying get an attorney involved, okay, to actually look

545
00:27:37.080 --> 00:27:38.780
and make sure whether or not it's clear.

546
00:27:39.040 --> 00:27:42.620
The other thing over here is you'll see an operator right here.

547
00:27:44.000 --> 00:27:45.460
You need to select and.

548
00:27:46.460 --> 00:27:49.940
If you don't select and, it's going to be on or.

549
00:27:50.300 --> 00:27:58.080
When you search for or, I get 312,161 records, okay?

550
00:27:58.540 --> 00:28:01.960
I remember when I first did this, when I first ran this challenge,

551
00:28:02.500 --> 00:28:07.960
I had multiple people pinging me and said, I did the homework, and I did a search,

552
00:28:08.480 --> 00:28:12.860
and there were like 200,000 records that are exactly of mine.

553
00:28:12.860 --> 00:28:14.640
Do I have to read every single one?

554
00:28:14.640 --> 00:28:20.200
I said, 200,000 records, like how, how in the world do you get 200,000 records?

555
00:28:20.780 --> 00:28:25.480
And so, I went live on a Zoom, and I had one of the people go through it,

556
00:28:25.480 --> 00:28:27.640
and I noticed that they didn't change it to and.

557
00:28:28.880 --> 00:28:32.880
When you change it to and, it's only four records, okay?

558
00:28:33.940 --> 00:28:38.120
Otherwise, what it does is it looks for anything that says footwear in the goods

559
00:28:38.120 --> 00:28:42.260
and description, or anything that says Nikki in the word mark.

560
00:28:42.700 --> 00:28:43.960
And, it'll give you those results.

561
00:28:45.480 --> 00:28:46.160
Make sense?

562
00:28:46.840 --> 00:28:49.140
That's why you want to use this operator here as and.

563
00:28:49.580 --> 00:28:51.820
Okay, let's look at some of the other choices you have.

564
00:28:52.160 --> 00:28:55.640
So, full mark, I wouldn't use, I would use non-punctuated word mark.

565
00:28:56.320 --> 00:29:02.560
Goods and services is basically listing what the goods and services are.

566
00:29:03.340 --> 00:29:04.780
Like, literally what they are.

567
00:29:04.820 --> 00:29:12.820
So, if Gail, Gail's providing like some really incredible technology associated with

568
00:29:12.820 --> 00:29:16.880
like storage, or like for freezing, or for whatever, temperature control,

569
00:29:16.880 --> 00:29:19.460
whatever that case might, that may be, right?

570
00:29:19.980 --> 00:29:25.420
You can actually select goods and services here, and then put in whatever the,

571
00:29:25.540 --> 00:29:27.820
whatever that feature is.

572
00:29:28.300 --> 00:29:31.440
Just come out with a descriptive, a description, and put it there.

573
00:29:31.840 --> 00:29:33.460
That would then be your goods and services.

574
00:29:33.460 --> 00:29:35.860
And, then whatever the name is, you type in the name,

575
00:29:36.340 --> 00:29:39.780
change this over to non-punctuated word mark.

576
00:29:40.060 --> 00:29:43.360
Make sure it says and, do your search, okay?

577
00:29:43.360 --> 00:29:44.500
I have a quick question.

578
00:29:44.880 --> 00:29:45.160
Yeah.

579
00:29:45.960 --> 00:29:50.040
So, on that, so I already have a, I'm getting, I've already applied for my patent.

580
00:29:50.040 --> 00:29:54.100
We're already halfway through that process of getting a patent on the particular technology.

581
00:29:54.460 --> 00:29:58.920
Do I need to also get a trademark on the name of the technology?

582
00:29:59.240 --> 00:29:59.520
Yep.

583
00:30:00.000 --> 00:30:09.440
Yeah, so, so it didn't happen altogether. No, oh gosh no gosh no, no. So, let me answer

584
00:30:09.440 --> 00:30:12.760
this question because it's actually a really good question. So, and this is why I like

585
00:30:12.760 --> 00:30:18.800
VIP, people ask this really good questions. Alright, so here's the thing. There are patents,

586
00:30:18.800 --> 00:30:22.360
there are trademarks or copyrights, there's also a thing called trade secrets, then there's

587
00:30:22.360 --> 00:30:28.580
also trade dress they're all different things. The patent office is the same location that

588
00:30:28.580 --> 00:30:35.820
takes trademark applications. Okay. However, they're filed in different places. All right,

589
00:30:35.820 --> 00:30:41.580
completely different places. I'll actually show you. I've actually never showed somebody

590
00:30:41.580 --> 00:30:47.620
this but I'll show you guys. You guys are, you guys are smart and you guys are more business

591
00:30:47.620 --> 00:30:53.540
like people that are running their own businesses. So let me. I don't want you guys to see my

592
00:30:53.540 --> 00:31:01.500
login obviously. So, let me just log in first. Okay, there we go. All right, let me share

593
00:31:01.500 --> 00:31:10.460
my screen. Okay, this is the United States patent trademark office site after you go

594
00:31:10.460 --> 00:31:14.900
and create an account. Okay, when you file an application, you're going to have to create

595
00:31:14.900 --> 00:31:19.500
an account. Once you create your account, you can connect your credit card to the account.

596
00:31:19.500 --> 00:31:22.980
There's all sorts of cool stuff you can do. But once you do that, you're going to get

597
00:31:22.980 --> 00:31:28.500
to this page. After you click on my USPTO, you'll get to this page after you enter in

598
00:31:28.500 --> 00:31:33.660
your username and password. Now, here's all the trademark stuff, trademark form stuff,

599
00:31:33.660 --> 00:31:38.780
file an application, respond. We'll go through this tomorrow. But then if you scroll down,

600
00:31:38.780 --> 00:31:45.140
here's the patent stuff. File a patent, right? Totally different departments. Not even like

601
00:31:45.140 --> 00:31:52.940
they have literally nothing to do with each other. Okay, so if you file a patent on functionality

602
00:31:52.940 --> 00:32:01.340
associated with your technology, for a system, an apparatus, a method, your trademark division

603
00:32:01.340 --> 00:32:05.580
knows absolutely nothing about that. You've got to go and file a trademark application

604
00:32:05.580 --> 00:32:11.780
for that. The beauty of, you know, one of the reasons why we actually added the trademark

605
00:32:11.780 --> 00:32:17.060
search and application into the audit package was for this reason. Most people don't actually

606
00:32:17.060 --> 00:32:21.980
have a federal registration, so we threw it in there to help people out. So, these are

607
00:32:22.060 --> 00:32:26.940
two different sites. They're just completely different. Trademarks here, patents that are

608
00:32:26.940 --> 00:32:31.420
totally different locations. All right, let me go back to trademark searching.

609
00:32:35.100 --> 00:32:44.460
Okay, here we go. All right, so now we've covered all the way up to mark punctuated

610
00:32:44.460 --> 00:32:51.020
or non-punctuated. So, I would select non-punctuated wordmark. Original filing basis is you're going to

611
00:32:51.020 --> 00:32:56.620
learn about tomorrow. You can file what's called an intent to use application or you can use an

612
00:32:56.620 --> 00:33:00.700
actual use application. I'll talk about this tomorrow. I don't want you guys to get too

613
00:33:00.700 --> 00:33:07.100
confused by giving you too much stuff. So, I just wrote a note to make sure I explain that to you

614
00:33:07.100 --> 00:33:12.460
guys tomorrow. And what that basically means is you've got a trademark that you haven't started

615
00:33:12.460 --> 00:33:16.860
using in interstate commerce yet, but you're afraid that other people are going to steal it

616
00:33:16.860 --> 00:33:22.220
or use it or come up with it before you. I can tell you as a fact, one of the most difficult

617
00:33:22.220 --> 00:33:28.780
things to come up with as a company is a name. That is one of the most difficult. It is easier

618
00:33:28.780 --> 00:33:34.380
to come up with a new technology than it is to come up with an original name. I get a bunch of

619
00:33:34.380 --> 00:33:40.060
nerdy engineers in the room and they will come up with a new technology. Why? Because we love doing

620
00:33:40.060 --> 00:33:45.020
that. I'm a nerd. Like, I'm an electrical engineering background nerd. You put me in a room,

621
00:33:45.020 --> 00:33:49.820
I have a blast just digging into technology. And sooner or later, I'll come up with something

622
00:33:49.820 --> 00:33:55.820
inventive. You put a bunch of nerds in a room to come up with a name, have fun. It's just,

623
00:33:57.340 --> 00:34:04.620
coming up with an original name is very difficult. All right. So now, owner name, that might be one

624
00:34:04.620 --> 00:34:08.540
that you use. So, let's say you're trying to figure out all the trademarks that are owned

625
00:34:08.540 --> 00:34:13.179
by a certain company. You just select the owner name and type in the name of the company. That's

626
00:34:13.179 --> 00:34:25.980
all. So, if I select owner Nike and I do a submit search, they have 960 records. 960 records. That's

627
00:34:25.980 --> 00:34:35.980
a lot. Okay. I had a conversation today with Chris from DC Comics, just touching base with him to see

628
00:34:35.980 --> 00:34:41.900
if he wanted to stop by tomorrow to talk. And he said he wasn't able to, but he was going to talk

629
00:34:41.900 --> 00:34:47.020
about Warner Brothers and DC Comics. And you guys didn't know about this. I just wanted to see if I

630
00:34:47.020 --> 00:34:54.940
could grab some of his time. I reached out to the head of Nintendo as well. The head of Nintendo,

631
00:34:54.940 --> 00:34:59.820
Chris, Gwen and I went to law school together. And so, I've got some pretty

632
00:35:00.000 --> 00:35:02.580
Cool friends, let's put it that way.

633
00:35:02.580 --> 00:35:04.740
So whenever I get an opportunity to get somebody

634
00:35:04.740 --> 00:35:05.820
who's gonna help you guys out,

635
00:35:05.820 --> 00:35:08.160
I'll get them in front of you.

636
00:35:08.160 --> 00:35:10.320
All right, so that's owner name.

637
00:35:12.740 --> 00:35:13.900
And then if I go down,

638
00:35:13.900 --> 00:35:15.820
you're not gonna care about priority date.

639
00:35:15.820 --> 00:35:16.780
Nope, nope, nope.

640
00:35:16.780 --> 00:35:17.940
Registration date, nope.

641
00:35:17.940 --> 00:35:20.780
Register, registration number, nope.

642
00:35:20.780 --> 00:35:22.540
Nope, nope, nope.

643
00:35:22.540 --> 00:35:23.780
None of that stuff.

644
00:35:23.780 --> 00:35:25.340
Okay.

645
00:35:25.340 --> 00:35:27.860
US class you're gonna learn about tomorrow.

646
00:35:27.880 --> 00:35:30.240
That's your actual classification

647
00:35:31.160 --> 00:35:33.040
associated with your goods.

648
00:35:35.480 --> 00:35:38.000
And in fact, let me back up here.

649
00:35:38.920 --> 00:35:40.680
Instead, I would use this one right here.

650
00:35:40.680 --> 00:35:42.560
International class.

651
00:35:42.560 --> 00:35:43.600
International class.

652
00:35:43.600 --> 00:35:44.440
Actually, you know what?

653
00:35:44.440 --> 00:35:45.560
I'm gonna help you guys out now.

654
00:35:47.120 --> 00:35:50.860
This way you'll have it in your video earlier.

655
00:35:50.860 --> 00:35:55.860
I dropped it in the chat during the challenge.

656
00:35:57.880 --> 00:35:59.880
It's also on Facebook as well.

657
00:35:59.880 --> 00:36:00.720
Oh, you did?

658
00:36:00.720 --> 00:36:01.540
Man, you're good.

659
00:36:01.540 --> 00:36:02.380
I did.

660
00:36:02.380 --> 00:36:03.220
You're so good.

661
00:36:03.220 --> 00:36:04.360
Catch back.

662
00:36:04.360 --> 00:36:05.200
Good job.

663
00:36:05.200 --> 00:36:06.020
Can you drop it?

664
00:36:06.020 --> 00:36:07.020
You want me to put it in here?

665
00:36:07.020 --> 00:36:09.800
Yeah, drop it in here so I can show them what it looks like.

666
00:36:10.500 --> 00:36:15.500
Oh, David asked a good question.

667
00:36:23.500 --> 00:36:24.900
He DMed me.

668
00:36:24.900 --> 00:36:26.700
David's so cool.

669
00:36:26.700 --> 00:36:27.860
David, I'll answer that question.

670
00:36:27.860 --> 00:36:30.200
That's a really good question.

671
00:36:30.200 --> 00:36:31.040
Okay.

672
00:36:31.040 --> 00:36:35.420
All right, so here's the link that I found the site

673
00:36:35.420 --> 00:36:39.500
where you can actually see all the international classes.

674
00:36:40.200 --> 00:36:42.040
Let me share it with you.

675
00:36:42.040 --> 00:36:42.880
Okay.

676
00:36:43.880 --> 00:36:46.400
Start out class number one.

677
00:36:46.400 --> 00:36:47.240
Here we go.

678
00:36:47.240 --> 00:36:49.280
All right, so this page here,

679
00:36:49.280 --> 00:36:53.600
this is from the Trademark Manual of Examination Procedure.

680
00:36:53.600 --> 00:36:54.720
You don't need to know all that.

681
00:36:54.720 --> 00:36:58.360
It's basically like the Bible of IP guys.

682
00:36:58.360 --> 00:36:59.440
That's really what it is.

683
00:36:59.440 --> 00:37:00.960
It's like the Trademark Bible.

684
00:37:03.040 --> 00:37:04.240
There's another one that's called

685
00:37:04.240 --> 00:37:06.400
the Manual of Patent Examination Procedure.

686
00:37:06.400 --> 00:37:09.040
That's like the Bible for patent attorneys.

687
00:37:09.060 --> 00:37:11.620
There's like the Bible for trademark attorneys, okay?

688
00:37:11.620 --> 00:37:14.180
Or trademark, yeah, trademark attorneys, okay.

689
00:37:14.180 --> 00:37:16.540
So every single trademark application

690
00:37:16.540 --> 00:37:19.460
is gonna be classified into a group.

691
00:37:19.460 --> 00:37:22.580
That group, all the things within that group

692
00:37:22.580 --> 00:37:25.460
have similar characteristics.

693
00:37:25.460 --> 00:37:27.220
They're either goods that are similar

694
00:37:27.220 --> 00:37:29.300
or they're services that are similar.

695
00:37:29.300 --> 00:37:34.300
So if I file a trademark application for a name like Dent,

696
00:37:34.580 --> 00:37:38.100
and the name Dent is for a new chemical, right?

697
00:37:38.120 --> 00:37:42.320
So it's like Dent, let's say it's Dent Limited.

698
00:37:42.320 --> 00:37:44.700
That's the name of the chemical company.

699
00:37:44.700 --> 00:37:48.760
Well, chemicals is class one, all right?

700
00:37:48.760 --> 00:37:51.240
So I would select international class one.

701
00:37:52.320 --> 00:37:53.920
Same thing for paints.

702
00:37:53.920 --> 00:37:57.660
The ones that you guys will use more than others,

703
00:37:57.660 --> 00:38:02.560
I would say is likely class number nine.

704
00:38:02.560 --> 00:38:04.900
That's like anything scientific.

705
00:38:04.920 --> 00:38:08.360
So software programs, any device,

706
00:38:08.360 --> 00:38:11.580
any electronics all fall into nine.

707
00:38:12.620 --> 00:38:16.360
If you're using, no, I won't care about that.

708
00:38:16.360 --> 00:38:17.600
Nope, nope.

709
00:38:19.000 --> 00:38:22.000
Maybe, maybe.

710
00:38:22.000 --> 00:38:24.800
If you're doing anything associated with jewelry,

711
00:38:24.800 --> 00:38:28.020
precious metals and alloys fall into class 14.

712
00:38:29.680 --> 00:38:32.480
T-shirt, oh, so some of you might be asking,

713
00:38:32.480 --> 00:38:34.720
well, how in the world am I supposed to figure out

714
00:38:35.540 --> 00:38:36.380
which class it is?

715
00:38:36.380 --> 00:38:37.480
This is kind of hard.

716
00:38:38.660 --> 00:38:41.660
You can click on the triple dots over here.

717
00:38:41.660 --> 00:38:43.180
This is kind of like a cheat.

718
00:38:43.180 --> 00:38:44.620
Oh man, will you close?

719
00:38:44.620 --> 00:38:45.460
There we go.

720
00:38:45.460 --> 00:38:46.620
It's kind of a cheat.

721
00:38:46.620 --> 00:38:51.140
You click on the triple dots and you do a search.

722
00:38:51.140 --> 00:38:52.940
Where is it, where is it, where is it?

723
00:38:52.940 --> 00:38:53.780
I don't see it.

724
00:38:53.780 --> 00:38:54.600
Where'd it go?

725
00:38:56.680 --> 00:38:57.540
It disappeared.

726
00:38:59.060 --> 00:39:00.500
How'd it disappear?

727
00:39:00.520 --> 00:39:03.200
You mean like find, like Alt-F?

728
00:39:03.200 --> 00:39:05.920
Yeah, but there it is right there.

729
00:39:05.920 --> 00:39:07.600
Find on page, ta-da.

730
00:39:07.600 --> 00:39:09.720
All right, so then I just type in the word, right?

731
00:39:09.720 --> 00:39:14.320
So if I type in, let's say footwear, whoops.

732
00:39:15.360 --> 00:39:18.080
Or let's actually, probably shoes would be better.

733
00:39:18.080 --> 00:39:19.480
But oh no, footwear came up.

734
00:39:19.480 --> 00:39:22.000
Footwear, there we go.

735
00:39:22.000 --> 00:39:24.200
There's footwear, orthopedic footwear there.

736
00:39:25.200 --> 00:39:28.040
But if I could do like, let's say shoes.

737
00:39:28.060 --> 00:39:30.780
Shoes fall into class 25.

738
00:39:30.780 --> 00:39:33.700
If I'm trying to do like T-shirts, T-shirt.

739
00:39:35.220 --> 00:39:37.260
Is it T hyphen shirt?

740
00:39:37.260 --> 00:39:38.940
Yep, T hyphen shirt.

741
00:39:38.940 --> 00:39:41.980
So then I just go and look down for T-shirts.

742
00:39:41.980 --> 00:39:44.260
Boom, boom, boom, boom, boom, boom, boom, boom.

743
00:39:44.260 --> 00:39:45.620
Where, really?

744
00:39:45.620 --> 00:39:46.620
It's not showing you anything?

745
00:39:46.620 --> 00:39:48.760
All right, so I guess I have to look on the shirt.

746
00:39:48.760 --> 00:39:49.600
Shirt.

747
00:39:51.380 --> 00:39:53.380
Boom, boom, boom, boom, boom.

748
00:39:53.380 --> 00:39:54.540
Where are my classes?

749
00:39:54.540 --> 00:39:57.540
Where's class for shirts?

750
00:40:00.000 --> 00:40:05.000
Well, that's not helpful.

751
00:40:05.000 --> 00:40:07.000
Let me go up one.

752
00:40:07.000 --> 00:40:10.000
Is it clothing?

753
00:40:10.000 --> 00:40:12.000
Is there a class for clothing?

754
00:40:12.000 --> 00:40:17.000
Yeah, it should be on the clothing, but I wanted to see whether or not shirts was a word that is there.

755
00:40:17.000 --> 00:40:19.000
There's an orange.

756
00:40:19.000 --> 00:40:24.000
Yeah, but it's not a class here.

757
00:40:24.000 --> 00:40:26.000
You would have to do more like clothing.

758
00:40:26.000 --> 00:40:31.000
So anyways, you could use this and just type in the word and see what comes up.

759
00:40:31.000 --> 00:40:33.000
So there's like clothing here.

760
00:40:33.000 --> 00:40:36.000
There's a lot of clothing ones.

761
00:40:36.000 --> 00:40:39.000
Nine, but that's for electronics.

762
00:40:39.000 --> 00:40:50.000
So you just basically go through this and slowly go and try to find the class that's associated with what the goods and services are.

763
00:40:50.000 --> 00:40:53.000
So there's leather goods.

764
00:40:53.000 --> 00:40:57.000
And then the other one that people use a lot is, oh, there it is, clothing.

765
00:40:57.000 --> 00:40:58.000
There it is, 25.

766
00:40:58.000 --> 00:41:01.000
So international class 25, clothing.

767
00:41:01.000 --> 00:41:07.000
That's where you're going to find like your T-shirts and anything else that essentially falls into clothing.

768
00:41:07.000 --> 00:41:09.000
I know a few of you are doing clothing work.

769
00:41:09.000 --> 00:41:11.000
So that's the class you would choose.

770
00:41:11.000 --> 00:41:17.000
And then finally, if you're doing teaching, that's international class 41.

771
00:41:17.000 --> 00:41:20.000
So right here, education and entertainment.

772
00:41:20.000 --> 00:41:22.000
That's international class 41.

773
00:41:22.000 --> 00:41:24.000
Okay.

774
00:41:24.000 --> 00:41:26.000
So I just wanted to show you that real quick.

775
00:41:26.000 --> 00:41:29.000
You guys got a preview of what I'm going to show people tomorrow.

776
00:41:29.000 --> 00:41:37.000
But that class, that international class, you can't file a trademark application without the international class.

777
00:41:37.000 --> 00:41:39.000
It's required.

778
00:41:39.000 --> 00:41:43.000
So you have to figure out what the international class is associated.

779
00:41:43.000 --> 00:41:55.000
Now, the beauty for you guys, since you guys are in VIP, is tomorrow when I do a trademark application, I'm going to show you how you can just type in the subject matter and the software will automatically tell you what the class is.

780
00:41:55.000 --> 00:41:57.000
That's pretty cool.

781
00:41:57.000 --> 00:42:03.000
So when you do an application, the United States Patent and Trademark Office will make it easier for you.

782
00:42:03.000 --> 00:42:05.000
So you don't have to worry about that.

783
00:42:05.000 --> 00:42:07.000
All right.

784
00:42:07.000 --> 00:42:09.000
So let me go back to the USPTO site.

785
00:42:09.000 --> 00:42:11.000
Actually, let me answer that one question.

786
00:42:11.000 --> 00:42:13.000
Go back.

787
00:42:13.000 --> 00:42:15.000
David.

788
00:42:15.000 --> 00:42:21.000
The browser that I'm using is Chrome.

789
00:42:21.000 --> 00:42:23.000
Chrome.

790
00:42:23.000 --> 00:42:25.000
I'm using Chrome, my friend.

791
00:42:25.000 --> 00:42:27.000
Let me answer your other question, though, brother.

792
00:42:27.000 --> 00:42:29.000
All right.

793
00:42:29.000 --> 00:42:37.000
So it says, if we use or versus and as the operator in the database search, would that limit a more thorough search and could open us up to a lawsuit?

794
00:42:37.000 --> 00:42:39.000
That is a great question.

795
00:42:39.000 --> 00:42:41.000
Or is it good enough?

796
00:42:41.000 --> 00:42:43.000
All right.

797
00:42:43.000 --> 00:42:45.000
That is an absolutely great question.

798
00:42:45.000 --> 00:42:47.000
This is an attorney question.

799
00:42:47.000 --> 00:42:49.000
As you guys might know, David is an attorney.

800
00:42:49.000 --> 00:42:59.000
If you are hired to do a certain service and you do that service improperly, you can run into problems.

801
00:42:59.000 --> 00:43:01.000
That's basically for attorneys.

802
00:43:01.000 --> 00:43:03.000
That's the general gist of it.

803
00:43:03.000 --> 00:43:09.000
So you should always do a search for whatever you're doing as an attorney.

804
00:43:09.000 --> 00:43:13.000
You should always search for things at a broader level and a narrow level.

805
00:43:13.000 --> 00:43:15.000
Broad level, narrow level.

806
00:43:15.000 --> 00:43:23.000
So what I would do is I would be searching for and first, because if it's exactly the same, boom, it's over.

807
00:43:23.000 --> 00:43:27.000
But now that I see it's not exactly the same, I'm going to start breaking it down.

808
00:43:27.000 --> 00:43:31.000
So let's say the word is just do it.

809
00:43:31.000 --> 00:43:33.000
That's the slogan, right?

810
00:43:33.000 --> 00:43:39.000
So somebody comes over to me and says, hey, I want to do a trademark application for actually to make it better.

811
00:43:39.000 --> 00:43:41.000
Just do it now.

812
00:43:41.000 --> 00:43:43.000
That's what they want.

813
00:43:43.000 --> 00:43:46.000
So I go and I do a trademark search for just do it now.

814
00:43:46.000 --> 00:43:51.000
So I'm going to do a real life example with you guys.

815
00:43:51.000 --> 00:43:54.000
Let's go right in there.

816
00:43:54.000 --> 00:43:56.000
Let's see what actually happens.

817
00:43:56.000 --> 00:44:00.000
Share screen.

818
00:44:00.000 --> 00:44:05.000
I type in here just do it now.

819
00:44:05.000 --> 00:44:07.000
Boom.

820
00:44:07.000 --> 00:44:10.000
And I say I want that as a full mark.

821
00:44:10.000 --> 00:44:12.000
Search.

822
00:44:12.000 --> 00:44:14.000
Nothing comes up.

823
00:44:14.000 --> 00:44:16.000
I must be clear, right, Vicky?

824
00:44:16.000 --> 00:44:17.000
I'm good.

825
00:44:17.000 --> 00:44:19.000
I'm good.

826
00:44:19.000 --> 00:44:23.000
I just came out with the coolest new slogan that I'm going to use on all my sneakers.

827
00:44:23.000 --> 00:44:24.000
I got this.

828
00:44:24.000 --> 00:44:26.000
I got this.

829
00:44:26.000 --> 00:44:32.000
And so since you guys have actually been through the training, like Vicky is saying, yeah, no, you don't got this.

830
00:44:32.000 --> 00:44:39.000
What you want to do, and which alludes to the question that was asked, is you want to start breaking this down.

831
00:44:39.000 --> 00:44:47.000
Like, okay, how about I just, let's say if I get rid of the word now and I do a search for that, just do it.

832
00:44:47.000 --> 00:44:48.000
Oh, nothing came up.

833
00:44:48.000 --> 00:44:49.000
What?

834
00:44:49.000 --> 00:44:50.000
Just do it.

835
00:44:50.000 --> 00:44:52.000
Nothing came up.

836
00:44:52.000 --> 00:44:56.000
To me, that's actually incredibly curious.

837
00:44:56.000 --> 00:44:59.000
So let me go over to non-punctuated word mark.

838
00:45:00.000 --> 00:45:03.560
Okay, somebody explained to me what just happened.

839
00:45:03.560 --> 00:45:05.920
This is what I mean by the USPTO website

840
00:45:05.920 --> 00:45:08.600
is not 100% foolproof.

841
00:45:08.600 --> 00:45:10.320
Somebody explained to me what just happened.

842
00:45:10.320 --> 00:45:15.220
I just searched for just do it as the mark, full mark.

843
00:45:16.980 --> 00:45:18.000
Nothing came up.

844
00:45:18.840 --> 00:45:20.920
I come over here and I change it over to,

845
00:45:20.920 --> 00:45:22.360
remember how I told all you guys

846
00:45:22.360 --> 00:45:26.480
never do a search under full mark, ever.

847
00:45:26.480 --> 00:45:28.700
I said, I want you guys to do your searches

848
00:45:28.740 --> 00:45:30.860
under non-punctuated word mark.

849
00:45:30.860 --> 00:45:32.760
When I did that, look at all this.

850
00:45:34.260 --> 00:45:35.580
Do you see the difference?

851
00:45:37.220 --> 00:45:41.460
Now, isn't it a fact that just do it is registered?

852
00:45:41.460 --> 00:45:44.160
I mean, that does say just do it, doesn't it?

853
00:45:44.160 --> 00:45:47.940
Unless I'm missing something, just do it.

854
00:45:47.940 --> 00:45:51.780
So if I'm doing a search for just do it,

855
00:45:51.780 --> 00:45:56.260
and I'm saying full mark, it should pop up.

856
00:45:57.140 --> 00:45:59.960
Now, it could be that it's because there's quotes.

857
00:45:59.960 --> 00:46:02.060
Let me see if it's because there's quotes.

858
00:46:04.220 --> 00:46:05.980
All right, that's not it.

859
00:46:05.980 --> 00:46:08.300
Because if I do a search without quotes,

860
00:46:08.300 --> 00:46:09.620
now it's gonna give me everything

861
00:46:09.620 --> 00:46:10.860
that has just the word just,

862
00:46:10.860 --> 00:46:12.880
just the word do, just the word it.

863
00:46:14.060 --> 00:46:18.380
See, so now I got just do it, it, it, it, it.

864
00:46:18.380 --> 00:46:21.840
Like, look at this, it's, does, just.

865
00:46:21.840 --> 00:46:23.340
I mean, there's a ton of stuff.

866
00:46:23.340 --> 00:46:25.900
So going towards the original question of,

867
00:46:26.420 --> 00:46:27.260
is there a liability issue?

868
00:46:27.260 --> 00:46:29.500
Yeah, it's, it's kind of problematic

869
00:46:29.500 --> 00:46:33.300
because if I'm, if I was hired to look for just do it now,

870
00:46:35.580 --> 00:46:37.620
and I searched, oh, what are you doing?

871
00:46:38.660 --> 00:46:40.060
Get out of there.

872
00:46:40.060 --> 00:46:44.820
And I searched for just do it now as a full mark,

873
00:46:44.820 --> 00:46:46.260
it looks clear.

874
00:46:46.260 --> 00:46:49.640
Vicki Bay, congratulations, you got a brand new trademark

875
00:46:49.640 --> 00:46:51.780
for your new sneaker line, well done.

876
00:46:51.780 --> 00:46:54.020
Have a blast, right?

877
00:46:54.020 --> 00:46:56.300
Yeah, no, that, that's a problem.

878
00:46:56.300 --> 00:46:58.660
So now, that's why I want you guys

879
00:46:58.660 --> 00:47:02.600
to instead use non-punctuated word mark.

880
00:47:03.740 --> 00:47:06.720
Now when I search for just do it now, I find more.

881
00:47:06.720 --> 00:47:08.980
I find a natural just do it now,

882
00:47:08.980 --> 00:47:11.340
interestingly enough for tennis shoes.

883
00:47:11.340 --> 00:47:12.800
And I'm pretty much guarantee you

884
00:47:12.800 --> 00:47:14.840
that the reason why it got rejected,

885
00:47:15.700 --> 00:47:17.300
when I look at the file history,

886
00:47:18.880 --> 00:47:20.140
oh, I won't let you see it.

887
00:47:20.140 --> 00:47:23.740
It's actually, it's actually not available.

888
00:47:24.420 --> 00:47:25.620
That's interesting.

889
00:47:25.620 --> 00:47:27.740
Excuse me, history.

890
00:47:27.740 --> 00:47:29.420
Yeah, it got a rejection.

891
00:47:29.420 --> 00:47:30.940
I guarantee you they got rejected

892
00:47:30.940 --> 00:47:33.960
because it was considered to be a likelihood of confusion.

893
00:47:33.960 --> 00:47:35.220
I have zero doubt.

894
00:47:35.220 --> 00:47:37.420
So to go back to answering the question,

895
00:47:37.420 --> 00:47:41.000
what I would do is I would search for,

896
00:47:41.000 --> 00:47:43.540
I would search for just do it.

897
00:47:43.540 --> 00:47:45.760
I would search for just do.

898
00:47:46.940 --> 00:47:48.740
I would search for do it.

899
00:47:49.740 --> 00:47:53.900
I would search for do it now.

900
00:47:54.940 --> 00:47:58.380
Like I would search all sorts of different variations of it

901
00:47:58.380 --> 00:48:01.340
and then look at the results for all of them.

902
00:48:01.340 --> 00:48:06.340
If I selected, if I selected the end operator,

903
00:48:06.740 --> 00:48:10.300
let's say that I would look for just do it.

904
00:48:13.480 --> 00:48:18.020
And down here, I selected, let's say slippers, right?

905
00:48:18.020 --> 00:48:20.260
And then when I click over here, I say, and,

906
00:48:22.060 --> 00:48:23.460
and I put my quotes on it.

907
00:48:26.380 --> 00:48:27.780
Nothing comes up.

908
00:48:27.780 --> 00:48:28.620
You see that?

909
00:48:30.580 --> 00:48:34.300
If I change, if I get rid of the slippers part

910
00:48:35.380 --> 00:48:39.980
by selecting or, now I get a bunch, a ton of results

911
00:48:39.980 --> 00:48:42.640
because these are companies that just have slippers.

912
00:48:44.180 --> 00:48:46.140
See, it's now the results are slippers.

913
00:48:46.140 --> 00:48:47.540
It's things that have just do it.

914
00:48:48.060 --> 00:48:50.020
It's variations of, so what I want to do

915
00:48:50.020 --> 00:48:55.020
is get rid of this field now and then submit the query.

916
00:48:55.740 --> 00:48:58.140
Now I get only things with just do it.

917
00:48:58.140 --> 00:48:58.980
You got it?

918
00:49:00.300 --> 00:49:01.580
That's how you do it.

919
00:49:01.580 --> 00:49:03.460
That's how you just do it.

920
00:49:03.460 --> 00:49:08.240
When searching just do it, this is how you do it.

921
00:49:08.240 --> 00:49:09.080
Got it?

922
00:49:11.820 --> 00:49:14.540
I hope you know that's going on the bloopers.

923
00:49:14.540 --> 00:49:16.020
I kind of figured.

924
00:49:16.300 --> 00:49:21.300
All right, so make sure when you're searching,

925
00:49:22.660 --> 00:49:24.740
you search not just the entire phrase

926
00:49:24.740 --> 00:49:26.620
but then portions of the phrase.

927
00:49:27.740 --> 00:49:31.120
And, you know, you may search for like car parts

928
00:49:31.120 --> 00:49:32.580
but it's not called car parts.

929
00:49:32.580 --> 00:49:34.900
It's called automotive parts.

930
00:49:34.900 --> 00:49:37.600
This is why you want a professional

931
00:49:37.600 --> 00:49:40.100
to do your final search, right?

932
00:49:40.100 --> 00:49:44.740
Like I often, if I've got somebody who's got a company

933
00:49:44.740 --> 00:49:46.920
like the trademark search that's part of the audit

934
00:49:46.920 --> 00:49:49.300
that we provide is a top level search.

935
00:49:49.300 --> 00:49:54.300
It's not like the $850 like you outsource to Washington DC

936
00:49:56.460 --> 00:49:58.660
where they do multi-tiered searching.

937
00:49:58.660 --> 00:50:00.120
It's not that one.

938
00:50:00.000 --> 00:50:04.000
It's a quick top-level search to see whether or not it's clear.

939
00:50:04.000 --> 00:50:08.000
If you are going to be building this multi-million dollar corporation,

940
00:50:08.000 --> 00:50:13.000
I would suggest you have a formal third-party trademark search done.

941
00:50:13.000 --> 00:50:16.000
It costs, Thomson Reuters does them.

942
00:50:16.000 --> 00:50:19.000
It costs like $825 a search.

943
00:50:19.000 --> 00:50:24.000
I get a discounted rate because I've been working with them for over 20 years.

944
00:50:24.000 --> 00:50:25.000
So, they give me a discount.

945
00:50:25.000 --> 00:50:28.000
But it's not that big of a discount just so you know.

946
00:50:28.000 --> 00:50:29.000
It's like a $20 discount.

947
00:50:29.000 --> 00:50:30.000
It ain't all that.

948
00:50:30.000 --> 00:50:31.000
It ain't all that.

949
00:50:31.000 --> 00:50:35.000
So, they know that they're good and they get paid for doing good work.

950
00:50:35.000 --> 00:50:39.000
And they should because they're the best in the field.

951
00:50:39.000 --> 00:50:40.000
Let me see.

952
00:50:40.000 --> 00:50:48.000
So, let me go back again and just see if there's another field that I want to share with you guys.

953
00:50:48.000 --> 00:50:52.000
I think those are the main ones for now, for now.

954
00:50:52.000 --> 00:50:56.000
So, tomorrow we'll go over international classes in detail.

955
00:50:56.000 --> 00:51:01.000
Like we'll talk about international classes in a lot of detail so people understand that.

956
00:51:01.000 --> 00:51:04.000
We'll also do a trademark application live.

957
00:51:04.000 --> 00:51:10.000
If you guys tomorrow want to have fun practicing,

958
00:51:10.000 --> 00:51:16.000
I would suggest that tonight you go to the USPTO website and you create an account.

959
00:51:16.000 --> 00:51:17.000
Okay.

960
00:51:17.000 --> 00:51:23.000
The way you do that is just go to the main site, click on My USPTO.

961
00:51:23.000 --> 00:51:24.000
I'm already logged in.

962
00:51:24.000 --> 00:51:31.000
So, when you click on it, you're going to see it's going to ask for your information.

963
00:51:31.000 --> 00:51:33.000
And you're not going to have any information.

964
00:51:33.000 --> 00:51:35.000
So, it's going to say just select new account.

965
00:51:35.000 --> 00:51:36.000
And you just create a new account.

966
00:51:36.000 --> 00:51:39.000
That's all.

967
00:51:39.000 --> 00:51:40.000
That's all.

968
00:51:40.000 --> 00:51:43.000
It's not, I'm telling you, it is not that difficult.

969
00:51:43.000 --> 00:51:44.000
But here's the problem.

970
00:51:44.000 --> 00:51:49.000
If you file a trademark application improperly, you can't fix it.

971
00:51:49.000 --> 00:51:51.000
That's the problem.

972
00:51:51.000 --> 00:51:52.000
All right.

973
00:51:52.000 --> 00:51:54.000
What do I mean by that?

974
00:51:54.000 --> 00:52:01.000
Let's say I file for F-E-S-C-H-I-R is what I want to file for.

975
00:52:01.000 --> 00:52:08.000
But instead I file for F-E-S-H-I-R.

976
00:52:08.000 --> 00:52:09.000
It's missing certain letters.

977
00:52:09.000 --> 00:52:11.000
I can't change it.

978
00:52:11.000 --> 00:52:14.000
I can't go back and say, oh, I'm sorry, I made a mistake.

979
00:52:14.000 --> 00:52:17.000
I have to file a brand new trademark application.

980
00:52:18.000 --> 00:52:29.000
Now, if the what's called the recitation of services, which we're going to talk about tomorrow, if I file something really broad, I can make it more narrow by adding extra limitations.

981
00:52:29.000 --> 00:52:30.000
We'll talk about that tomorrow.

982
00:52:30.000 --> 00:52:31.000
Don't worry about that.

983
00:52:31.000 --> 00:52:32.000
Okay.

984
00:52:32.000 --> 00:52:39.000
But the fact is, you can't make mistakes on your application or you're going to end up having to file again.

985
00:52:39.000 --> 00:52:42.000
I'm going to stop there because I've given you a lot of content today.

986
00:52:42.000 --> 00:52:46.000
Like day three is like the most loaded day.

987
00:52:46.000 --> 00:52:53.000
I want to show people like go decompress, like absorb stuff, and tomorrow is going to be easier.

988
00:52:53.000 --> 00:52:55.000
We're going to have a little bit of review.

989
00:52:55.000 --> 00:52:57.000
We're going to do trademark applications.

990
00:52:57.000 --> 00:53:01.000
We're going to talk about more practical application stuff.

991
00:53:01.000 --> 00:53:04.000
But I think for now we should stop here.

992
00:53:04.000 --> 00:53:08.000
I don't want to go even deeper because it's just too much content.

993
00:53:08.000 --> 00:53:17.000
Just to be clear, like intellectual property, what I'm teaching you guys is probably like a thousandth of what there is to know.

994
00:53:17.000 --> 00:53:28.000
I'm teaching you guys the things that I've found over 25 years will directly affect your companies, like immediately affect.

995
00:53:28.000 --> 00:53:39.000
Like why in the world am I going to talk to you about, as an example, the fact that Argentina is not a member of the Madrid Protocol or the Paris Convention,

996
00:53:39.000 --> 00:53:46.000
and therefore you can't file a patent application through a PCT application after one year for foreign rights.

997
00:53:46.000 --> 00:53:49.000
Like who cares?

998
00:53:49.000 --> 00:53:52.000
That has no effect on you guys.

999
00:53:52.000 --> 00:53:55.000
But some of you may actually be seeking rights in Canada.

1000
00:53:55.000 --> 00:53:58.000
Some of you might be doing manufacturing out of China.

1001
00:53:58.000 --> 00:54:01.000
There's important things in there for you to know.

1002
00:54:01.000 --> 00:54:04.000
We're not covering that stuff now.

1003
00:54:04.000 --> 00:54:09.000
All that stuff is available for you guys in that package that we talked about.

1004
00:54:09.000 --> 00:54:10.000
We'll talk about that tomorrow.

1005
00:54:10.000 --> 00:54:12.000
So I'm going to close there.

1006
00:54:12.000 --> 00:54:13.000
Was this helpful?

1007
00:54:13.000 --> 00:54:14.000
Does this help you guys?

1008
00:54:14.000 --> 00:54:15.000
Yeah?

1009
00:54:15.000 --> 00:54:16.000
Awesome.

1010
00:54:17.000 --> 00:54:25.000
My objective is that every single day you guys are taking away something practical, really application-specific, like you can apply it today.

1011
00:54:25.000 --> 00:54:27.000
So this is what I want you guys to do.

1012
00:54:27.000 --> 00:54:31.000
You guys had the perk of learning how to do a trademark search.

1013
00:54:31.000 --> 00:54:38.000
I want you guys to play with the USPTO website, search for your companies.

1014
00:54:38.000 --> 00:54:42.000
Now, some of you guys are probably going to get news that is not good.

1015
00:54:42.000 --> 00:54:43.000
That's okay.

1016
00:54:43.000 --> 00:54:44.000
That's okay.

1017
00:54:44.000 --> 00:54:47.000
Don't freak out.

1018
00:54:47.000 --> 00:54:48.000
I got you covered.

1019
00:54:48.000 --> 00:54:49.000
Don't worry about it.

1020
00:54:49.000 --> 00:54:50.000
All right?

1021
00:54:50.000 --> 00:54:59.000
But it's better for you guys to know now that the name that you've been using potentially infringes upon somebody's federal registration than to get a cease and desist letter that says,

1022
00:55:00.000 --> 00:55:02.600
It also demands that you give them X amount of money

1023
00:55:02.600 --> 00:55:04.760
where you've got to hire a lawyer to get out of trouble.

1024
00:55:04.760 --> 00:55:08.200
Or even worse, you get sued in federal district court,

1025
00:55:08.200 --> 00:55:10.880
and now you've got to hire a lawyer to get out of a lawsuit.

1026
00:55:10.880 --> 00:55:17.320
I'd rather you guys find out here with me, the IAP mentor,

1027
00:55:17.320 --> 00:55:21.280
walking you through things slowly and gently than

1028
00:55:21.280 --> 00:55:24.000
with a nasty letter from a lawyer.

1029
00:55:24.000 --> 00:55:26.200
I don't want that.

1030
00:55:26.200 --> 00:55:28.160
I can help you guys in the other situation,

1031
00:55:28.160 --> 00:55:29.840
but it's going to be at $600 an hour.

1032
00:55:29.840 --> 00:55:32.000
So please try it out now.

1033
00:55:32.000 --> 00:55:33.200
It's free, all right?

1034
00:55:33.200 --> 00:55:33.880
All right.

1035
00:55:33.880 --> 00:55:35.320
You guys have a great night.

1036
00:55:35.320 --> 00:55:36.320
I'm going to jump off.

1037
00:55:36.320 --> 00:55:39.120
Larissa, I'll leave you here, see

1038
00:55:39.120 --> 00:55:41.240
if there's any questions on anything in particular.

1039
00:55:41.240 --> 00:55:43.640
Make sure you guys are here tomorrow.

1040
00:55:43.640 --> 00:55:45.960
You're going to want to be here tomorrow, OK?

1041
00:55:45.960 --> 00:55:48.440
We're going to have a few guests that are going to stop by

1042
00:55:48.440 --> 00:55:50.240
to give some testimonies on different things

1043
00:55:50.240 --> 00:55:52.200
as well and answer some questions.

1044
00:55:52.200 --> 00:55:53.680
All right, have a good night, guys.

1045
00:55:53.680 --> 00:55:55.720
Take care.

1046
00:55:55.720 --> 00:55:57.200
Awesome.

1047
00:55:57.200 --> 00:55:58.880
Thanks, everybody, for being here.

1048
00:55:58.880 --> 00:56:01.960
Thank you, Peter, for always mixing it up

1049
00:56:01.960 --> 00:56:04.000
and Holy Spirit with here to help us

1050
00:56:04.000 --> 00:56:06.840
with the red-soled shoes.

1051
00:56:06.840 --> 00:56:10.280
So we just really love you guys.

1052
00:56:10.280 --> 00:56:13.160
So using this site, people can't steal your name.

1053
00:56:16.440 --> 00:56:19.400
Tony, bring that up again tomorrow.

1054
00:56:19.400 --> 00:56:20.520
Be a little bit more clear.

1055
00:56:20.520 --> 00:56:25.160
You mean using the USPTO versus like searching for a URL?

1056
00:56:25.160 --> 00:56:28.200
Yeah, it should be fine.

1057
00:56:28.200 --> 00:56:31.400
And Peter usually addresses when and how

1058
00:56:31.400 --> 00:56:34.960
to go searching to avoid your name costing

1059
00:56:34.960 --> 00:56:36.720
you $1,000 for the URL.

1060
00:56:36.720 --> 00:56:39.720
He will definitely be going over that tomorrow.

1061
00:56:39.720 --> 00:56:43.000
And some more coverages, like common law.

1062
00:56:43.000 --> 00:56:47.520
And he talked today about interstate, interstate,

1063
00:56:47.520 --> 00:56:49.480
interstate commerce.

1064
00:56:49.480 --> 00:56:51.880
You have a right, if you've been doing something,

1065
00:56:51.880 --> 00:56:53.960
right where you're at and where you've been doing it

1066
00:56:53.960 --> 00:56:58.400
on longevity to an extent.

1067
00:56:58.400 --> 00:57:00.360
Like if there wasn't somebody before you

1068
00:57:00.360 --> 00:57:03.000
that you just totally copied, because that's been a problem.

1069
00:57:03.000 --> 00:57:04.840
I mean, we didn't mean to copy them.

1070
00:57:04.840 --> 00:57:07.520
So yeah, that's definitely have that.

1071
00:57:07.520 --> 00:57:08.560
The package.

1072
00:57:08.560 --> 00:57:10.880
Just to also, sorry, before you jump to the next question,

1073
00:57:10.880 --> 00:57:15.640
just to add to it, you also have to consider,

1074
00:57:15.640 --> 00:57:17.440
there is the, like she's talking about,

1075
00:57:17.440 --> 00:57:18.560
he'll go over common law.

1076
00:57:18.560 --> 00:57:20.920
But there's also the you are putting something out

1077
00:57:20.920 --> 00:57:24.720
into the internet, which means databases are now being filled

1078
00:57:24.720 --> 00:57:26.520
with whatever you're putting in.

1079
00:57:26.520 --> 00:57:29.320
So it's why it's so important that once you see

1080
00:57:29.320 --> 00:57:32.480
that things are free and clear to be very actionable

1081
00:57:32.480 --> 00:57:35.960
and get started with securing your rights as soon as you can,

1082
00:57:35.960 --> 00:57:40.760
because they can be secured by somebody else

1083
00:57:40.760 --> 00:57:43.360
as soon as they have access to whatever you're putting in.

1084
00:57:43.360 --> 00:57:46.000
So it's super, super important.

1085
00:57:46.000 --> 00:57:52.080
And we've unfortunately seen that happen with members.

1086
00:57:52.080 --> 00:57:54.000
Not many, because most people are very actionable

1087
00:57:54.000 --> 00:57:54.760
and get right to it.

1088
00:57:54.760 --> 00:57:57.280
But we've seen it happen in past experiences

1089
00:57:57.280 --> 00:57:59.040
where people didn't secure their rights

1090
00:57:59.040 --> 00:58:02.640
and it caused a lot of damages that are unfortunate.

1091
00:58:06.200 --> 00:58:07.200
Absolutely.

1092
00:58:07.200 --> 00:58:08.800
If we play around with it tonight,

1093
00:58:08.800 --> 00:58:13.440
don't use our actual stuff.

1094
00:58:13.440 --> 00:58:15.000
You can put your actual stuff, because you

1095
00:58:15.000 --> 00:58:16.520
want to do the search for sure.

1096
00:58:16.520 --> 00:58:18.960
But you also have your foundation's member,

1097
00:58:18.960 --> 00:58:21.000
don't you, Tony?

1098
00:58:21.000 --> 00:58:23.360
Yeah, so we're going to be doing your audit and stuff too,

1099
00:58:23.360 --> 00:58:25.440
which means we'll also be doing your application.

1100
00:58:25.440 --> 00:58:28.760
So we'll get that stuff moving along for you.

1101
00:58:28.760 --> 00:58:31.840
So we've got to get you scheduled for your audit soon.

1102
00:58:31.840 --> 00:58:34.160
Yeah, you don't want to go putting your name into search

1103
00:58:34.160 --> 00:58:37.440
engines like Google or Bing and stuff like that.

1104
00:58:37.440 --> 00:58:42.280
But Ray, they're still safe to be within the USPTO.

1105
00:58:42.280 --> 00:58:46.600
And you're going to quotation mark my business name.

1106
00:58:46.600 --> 00:58:51.040
Yeah, and you're going to have, when we do your audit, Tony,

1107
00:58:51.040 --> 00:58:54.000
we're going to go do more extensive searching then.

1108
00:58:54.000 --> 00:58:56.440
Because again, we are going to be actionably

1109
00:58:56.440 --> 00:58:59.520
working on getting those rights secured very quickly,

1110
00:58:59.520 --> 00:59:00.760
as soon as you're ready.

1111
00:59:00.760 --> 00:59:04.240
So that way we know for sure if anyone else has common law

1112
00:59:04.240 --> 00:59:06.720
as well over the name that you're trying to use.

1113
00:59:06.720 --> 00:59:08.760
Because we need to check different resources.

1114
00:59:08.760 --> 00:59:09.920
So we do that in the audit.

1115
00:59:12.560 --> 00:59:14.400
Yeah, there are 50 states.

1116
00:59:18.400 --> 00:59:19.800
And it's no joke.

1117
00:59:19.800 --> 00:59:22.520
Remember, US websites are usually

1118
00:59:22.520 --> 00:59:23.960
built by the lowest bidders.

1119
00:59:23.960 --> 00:59:28.440
So the USPTO.gov website is not a perfect engine.

1120
00:59:28.440 --> 00:59:29.800
But it's a great starting place.

1121
00:59:29.800 --> 00:59:32.680
And it's where you're going to find a lot of information.

1122
00:59:32.680 --> 00:59:34.320
And so Peter will walk you through that.

1123
00:59:34.320 --> 00:59:36.520
Vicki, in response to your question,

1124
00:59:36.520 --> 00:59:37.920
can you hold off till tomorrow?

1125
00:59:37.920 --> 00:59:39.960
Peter will go into more depth about the packages.

1126
00:59:39.960 --> 00:59:41.680
Do you feel OK with that, Ray?

1127
00:59:42.560 --> 00:59:44.000
I can actually answer those if you

1128
00:59:44.000 --> 00:59:45.560
have a question on the package.

1129
00:59:48.520 --> 00:59:49.200
Sorry, Ray.

1130
00:59:49.200 --> 00:59:51.120
I just got, I know you talked to me yesterday.

1131
00:59:51.120 --> 00:59:51.600
Apologize.

1132
00:59:51.600 --> 00:59:57.880
I'm a little confused about the foundation and the portal.

1133
00:59:57.880 --> 00:59:59.080
And are they the same?

1134
00:59:59.080 --> 00:59:59.920
Are they different?

1135
01:00:00.000 --> 01:00:01.560
I'm just all confused.

1136
01:00:01.560 --> 01:00:02.440
No problem.

1137
01:00:02.440 --> 01:00:03.080
No, no, no.

1138
01:00:03.080 --> 01:00:07.280
So close to bedtime for an old lady like me.

1139
01:00:07.280 --> 01:00:07.880
No worries.

1140
01:00:07.880 --> 01:00:09.040
I completely understand.

1141
01:00:09.040 --> 01:00:12.440
So you have here, we do the challenges to kind of help

1142
01:00:12.440 --> 01:00:13.760
separate them in your mind.

1143
01:00:13.760 --> 01:00:15.880
We do the challenges like the presentation

1144
01:00:15.880 --> 01:00:18.360
and the basic training on intellectual property.

1145
01:00:18.360 --> 01:00:21.240
In VIP, we answer questions, do hot seats,

1146
01:00:21.240 --> 01:00:22.480
and go more in depth.

1147
01:00:22.480 --> 01:00:26.120
And we get the demonstrations and more time with Peter.

1148
01:00:26.120 --> 01:00:28.600
For our protection portal, because you

1149
01:00:28.600 --> 01:00:31.200
can be of just a protection portal member,

1150
01:00:31.200 --> 01:00:34.480
we meet once a month for an hour and a half,

1151
01:00:34.480 --> 01:00:37.160
where we do kind of like what we do here in VIP.

1152
01:00:37.160 --> 01:00:38.720
It's very much the same thing.

1153
01:00:38.720 --> 01:00:41.240
We have our own private Facebook group for protection portal

1154
01:00:41.240 --> 01:00:42.240
members.

1155
01:00:42.240 --> 01:00:46.000
There are year-long access to your replays.

1156
01:00:46.000 --> 01:00:49.040
There's a lot of inclusions for just being a portal member.

1157
01:00:49.040 --> 01:00:52.160
And then the foundations and IP package

1158
01:00:52.160 --> 01:00:55.280
gives you everything that comes with the protection portal.

1159
01:00:55.280 --> 01:00:58.560
You have a one-year membership, so it's thrown in as a bonus.

1160
01:00:58.560 --> 01:01:00.960
You get to come join us over in that group.

1161
01:01:00.960 --> 01:01:05.520
But what we also do is we have an up to three-hour audit

1162
01:01:05.520 --> 01:01:06.600
with Peter.

1163
01:01:06.600 --> 01:01:10.360
So I'm going to give you a checklist of things

1164
01:01:10.360 --> 01:01:12.920
where you can grab and organize all of the things

1165
01:01:12.920 --> 01:01:15.520
you may want to cover on your intellectual property

1166
01:01:15.520 --> 01:01:16.320
during the audit.

1167
01:01:16.320 --> 01:01:17.840
So that way, you can pre-organize

1168
01:01:17.840 --> 01:01:20.840
so that you can maximize that time you have with him.

1169
01:01:20.840 --> 01:01:24.120
And he can see, oh, this is my agreement I have

1170
01:01:24.120 --> 01:01:26.360
or one I don't have with creative members

1171
01:01:26.360 --> 01:01:27.840
I've hired, any freelancers.

1172
01:01:28.160 --> 01:01:29.440
This is the software I'm using.

1173
01:01:29.440 --> 01:01:31.200
This is their terms and conditions.

1174
01:01:31.200 --> 01:01:35.480
We can go over that kind of stuff to see where you're at.

1175
01:01:35.480 --> 01:01:36.480
Here's my logo.

1176
01:01:36.480 --> 01:01:37.280
We'll go there.

1177
01:01:37.280 --> 01:01:39.680
You'll see the checklist.

1178
01:01:39.680 --> 01:01:43.760
But then you get to do the full audit

1179
01:01:43.760 --> 01:01:45.120
of all your intellectual property.

1180
01:01:45.120 --> 01:01:48.120
And even if you don't have a business launched yet,

1181
01:01:48.120 --> 01:01:51.000
you are in a much better position than you think.

1182
01:01:51.000 --> 01:01:55.560
85% of our members already have a brand launched out,

1183
01:01:55.560 --> 01:01:58.120
and a majority of them could not use the brand name

1184
01:01:58.120 --> 01:01:59.440
that they were using.

1185
01:01:59.440 --> 01:02:01.280
So what ended up happening was they had

1186
01:02:01.280 --> 01:02:03.480
to pull everything and rebrand.

1187
01:02:03.480 --> 01:02:09.600
I'm talking social media, posts, logos, websites, funnels,

1188
01:02:09.600 --> 01:02:12.080
printed things like clothing.

1189
01:02:12.080 --> 01:02:13.680
Anything they've used that brand on,

1190
01:02:13.680 --> 01:02:16.480
they were opening themselves up to an infringement claim.

1191
01:02:16.480 --> 01:02:18.240
So they had to pull and rebrand.

1192
01:02:18.240 --> 01:02:20.520
And so if you don't have a brand launched yet,

1193
01:02:20.520 --> 01:02:22.280
you're on a clean slate.

1194
01:02:22.280 --> 01:02:24.240
And Peter can tell you exactly how

1195
01:02:24.240 --> 01:02:25.600
to structure everything you need

1196
01:02:25.600 --> 01:02:29.600
to do to start off the right way.

1197
01:02:29.600 --> 01:02:32.040
And so that's kind of a cool part for people

1198
01:02:32.040 --> 01:02:34.160
who are newer and think they may not be ready,

1199
01:02:34.160 --> 01:02:38.360
but it's actually you're in a good position that way.

1200
01:02:38.360 --> 01:02:40.760
So we'll do that audit where we evaluate everything.

1201
01:02:40.760 --> 01:02:43.520
You get to do the trademark search.

1202
01:02:43.520 --> 01:02:45.040
So we'll kind of look into everything

1203
01:02:45.040 --> 01:02:47.840
and see where your IP is at or your branding is at.

1204
01:02:47.840 --> 01:02:50.080
And then we also do the trademark application

1205
01:02:50.080 --> 01:02:51.840
through the law firm.

1206
01:02:51.840 --> 01:02:55.920
So that's another bonus.

1207
01:02:55.920 --> 01:02:58.280
And that's the foundations and IP package.

1208
01:02:58.280 --> 01:03:02.880
So trademark search, trademark application, the IP audit,

1209
01:03:02.880 --> 01:03:07.040
and the protection portal membership.

1210
01:03:07.040 --> 01:03:08.160
Oh, you're muted.

1211
01:03:08.160 --> 01:03:10.320
Does that clear that up?

1212
01:03:10.320 --> 01:03:11.120
It does.

1213
01:03:11.120 --> 01:03:15.200
Would I be able to bring a patent piece to that?

1214
01:03:15.200 --> 01:03:16.560
Oh, yeah, bring it.

1215
01:03:16.560 --> 01:03:19.880
He's amazing with patents.

1216
01:03:19.880 --> 01:03:21.640
He's amazing.

1217
01:03:22.440 --> 01:03:23.360
And you guys are great.

1218
01:03:23.360 --> 01:03:25.840
Thank you so much for your help and your patience.

1219
01:03:25.840 --> 01:03:26.640
Anytime.

1220
01:03:26.640 --> 01:03:27.880
At any time.

1221
01:03:27.880 --> 01:03:28.680
I'll see you tomorrow.

1222
01:03:32.120 --> 01:03:33.040
All right.

1223
01:03:33.040 --> 01:03:35.080
Candice, you're still on.

1224
01:03:35.080 --> 01:03:37.520
I don't know if you're seeing my remark.

1225
01:03:37.520 --> 01:03:40.240
Did you get an answer in what Ray just said?

1226
01:03:40.240 --> 01:03:44.520
So even if you don't have, you haven't gotten to that stage

1227
01:03:44.520 --> 01:03:47.200
where you're actually creating things and license agreements

1228
01:03:47.200 --> 01:03:49.800
and that you're in a fresh state

1229
01:03:49.840 --> 01:03:52.240
and Peter can actually advise you,

1230
01:03:52.240 --> 01:03:55.160
here's the next steps to go.

1231
01:03:55.160 --> 01:03:57.160
And guarantee you're going to have something you want

1232
01:03:57.160 --> 01:03:59.080
to trademark at some point.

1233
01:03:59.080 --> 01:04:01.680
Is there a, hold on.

1234
01:04:01.680 --> 01:04:05.160
Is there a full audience on right now?

1235
01:04:05.160 --> 01:04:07.080
There's people here, so yeah.

1236
01:04:07.080 --> 01:04:08.920
OK, so then that sounds great.

1237
01:04:08.920 --> 01:04:13.480
I just wanted to make sure that that was the,

1238
01:04:13.480 --> 01:04:15.760
something that can be done because I'm

1239
01:04:15.760 --> 01:04:19.080
going to be starting something from conception.

1240
01:04:19.080 --> 01:04:26.600
And the scary thing is, the name,

1241
01:04:26.600 --> 01:04:29.880
but now you've always dealt with attorneys

1242
01:04:29.880 --> 01:04:33.360
from the past being like ambulance chasers or ADA

1243
01:04:33.360 --> 01:04:34.560
chasers.

1244
01:04:34.560 --> 01:04:39.360
I think the next thing is going to be copyright AI chasers.

1245
01:04:39.360 --> 01:04:42.160
So I want to make sure that I'm protected.

1246
01:04:42.160 --> 01:04:45.240
I've actually heard Peter say that specifically,

1247
01:04:45.240 --> 01:04:46.760
like where he's actually been told

1248
01:04:46.760 --> 01:04:50.440
to promote in a certain way, internally in the business

1249
01:04:50.440 --> 01:04:51.440
operation.

1250
01:04:51.440 --> 01:04:53.480
And he refused because he says, this

1251
01:04:53.480 --> 01:04:55.360
makes me sound like an ambulance chaser

1252
01:04:55.360 --> 01:04:56.720
and I don't respect that.

1253
01:04:56.720 --> 01:04:58.400
And I have to stick to my principles.

1254
01:04:58.400 --> 01:04:59.040
So Peter.

1255
01:04:59.040 --> 01:05:01.280
What did I?

1256
01:05:00.000 --> 01:05:05.820
just walk into I was I was I was sharing your integrity.

1257
01:05:06.840 --> 01:05:08.640
Oh, okay. Cool. Yeah.

1258
01:05:08.720 --> 01:05:12.140
Candace is basically saying she's at conception. She

1259
01:05:12.140 --> 01:05:15.840
doesn't have all the things in a business going on, which we

1260
01:05:15.840 --> 01:05:18.160
know that we've helped many people. You've helped many

1261
01:05:18.160 --> 01:05:22.400
people who are on the, you know, cusp of starting, they're

1262
01:05:22.400 --> 01:05:24.880
putting all their ideas together, and they haven't got

1263
01:05:24.880 --> 01:05:25.600
out there yet.

1264
01:05:26.000 --> 01:05:29.100
That's the majority of them. I'd say 70 to 75% of the people

1265
01:05:29.100 --> 01:05:31.300
that actually go through the audit are people that are at

1266
01:05:31.300 --> 01:05:34.540
that point. Some of the people that will be speaking tomorrow

1267
01:05:34.540 --> 01:05:37.020
will be in that area. I mean, here's the thing. I heard the

1268
01:05:37.020 --> 01:05:40.900
word ambulance chaser mentioned. Yeah, there are. There are

1269
01:05:40.900 --> 01:05:44.660
lawyers that are like that. I'm just be clear. I mean, when I

1270
01:05:44.660 --> 01:05:48.780
first met Pedro Dale, I kid you not. He said, you know what you

1271
01:05:48.780 --> 01:05:51.500
should do? You should do an ad where you're literally next to

1272
01:05:51.500 --> 01:05:56.660
an ambulance. And I was like, you're pissing me off. That's

1273
01:05:56.660 --> 01:06:03.820
not a good idea. That is not a good idea. And so there are the

1274
01:06:03.820 --> 01:06:07.340
problem that that I've run into. And it really isn't a problem

1275
01:06:07.340 --> 01:06:09.900
once people get to know me like you can look up my name on

1276
01:06:09.900 --> 01:06:13.580
Google. You can look up my name anywhere. Like I have tons of

1277
01:06:13.580 --> 01:06:17.220
accolades, tons of recognition. And I'm very blessed by the

1278
01:06:17.220 --> 01:06:21.060
Lord. Like I'm, I'm also an ordained minister. So at the end

1279
01:06:21.060 --> 01:06:23.940
of the day, I'm responsible to somebody way higher than anybody

1280
01:06:23.940 --> 01:06:27.820
here. And so I'm held accountable, specifically for

1281
01:06:27.820 --> 01:06:32.100
what I do. So I don't play games. That's just not my thing.

1282
01:06:32.140 --> 01:06:36.100
But one of the things that I ran into when I was starting to do

1283
01:06:36.100 --> 01:06:39.940
challenges was, how exactly do you let people know about what

1284
01:06:39.940 --> 01:06:44.700
you do? without sounding like an ambulance chaser? Like literally,

1285
01:06:44.700 --> 01:06:48.260
how do you do that? It's a real honest question. Like, how do

1286
01:06:48.260 --> 01:06:53.500
you do that? And so my ads do not promote me. Like I don't go

1287
01:06:53.500 --> 01:06:56.020
out there and say, I'm the number one lawyer at this. I'm

1288
01:06:56.020 --> 01:06:59.260
the best at that. I don't do that. My ads talk about the

1289
01:06:59.260 --> 01:07:02.260
actual legal issues. Like that's what they actually address.

1290
01:07:02.380 --> 01:07:05.740
Because I don't I'm the one that pushes that. Yeah, you're the

1291
01:07:05.740 --> 01:07:08.740
one who's trying to make me do that. But at the end of the day,

1292
01:07:08.860 --> 01:07:12.900
I mean, and I'm sorry. What was that? I brought it up. And it

1293
01:07:12.900 --> 01:07:17.900
was more. Okay, I didn't even know. I've seen you go from

1294
01:07:17.900 --> 01:07:25.460
like, ambulance chasers, ADA, or visually like the context of

1295
01:07:25.460 --> 01:07:30.580
a website, making sure it's like visually, like not it works for

1296
01:07:30.580 --> 01:07:38.260
everyone. And then now I think the next sector of people or

1297
01:07:38.340 --> 01:07:44.340
lawyers out there are going to come after AI and copyright. And

1298
01:07:44.340 --> 01:07:46.740
there will be programs that do that. And so that's

1299
01:07:47.100 --> 01:07:50.300
I can tell you this much being that I'm one of the people who

1300
01:07:50.300 --> 01:07:54.420
was actually coaching lawyers, because I've been asked by state

1301
01:07:54.420 --> 01:07:58.260
bars to go and speak to them and train the lawyers on artificial

1302
01:07:58.260 --> 01:08:01.500
intelligence in the law. Because most lawyers don't know what

1303
01:08:01.500 --> 01:08:06.380
they're doing. I can tell you as a fact that I was at one

1304
01:08:06.380 --> 01:08:10.860
specific state bar speaking on the topic. And I had one of the

1305
01:08:10.860 --> 01:08:13.820
lawyers actually asked me said, Oh, I'm using artificial

1306
01:08:13.820 --> 01:08:16.300
intelligence to actually draft claims on a patent

1307
01:08:16.300 --> 01:08:20.340
application. I said, You're doing what? They said, Yeah,

1308
01:08:20.340 --> 01:08:24.620
yeah, I'm using chat GPT. Like I type in parts of the disclosure

1309
01:08:24.620 --> 01:08:28.580
and ask it to draft claims as if it was our patent attorney. I

1310
01:08:28.580 --> 01:08:31.380
said, You do realize that's a third party platform. And so you

1311
01:08:31.380 --> 01:08:34.819
just violated your ethical obligations by maintaining this

1312
01:08:34.819 --> 01:08:39.380
as confidential. You do realize that? They're like, No, no, no,

1313
01:08:39.380 --> 01:08:42.020
it's it's it's not out there. It's a read the terms and

1314
01:08:42.020 --> 01:08:47.819
conditions. It tells you that it is. So are attorneys going to

1315
01:08:47.819 --> 01:08:52.340
try to make a quick buck in AI? Oh, absolutely. Absolutely. I

1316
01:08:52.340 --> 01:08:56.260
mean, people are people are people lawyers are not any

1317
01:08:56.260 --> 01:09:00.140
different. Right? So what people need to look for is they need to

1318
01:09:00.140 --> 01:09:03.340
look for do the people know what they're talking about? Do they

1319
01:09:03.340 --> 01:09:06.979
actually care about the people? Do they have a track record? Are

1320
01:09:06.979 --> 01:09:09.939
they recognized as being you know, as being someone who is

1321
01:09:09.939 --> 01:09:12.460
gifted in a certain area? That's what people need to look

1322
01:09:12.460 --> 01:09:15.899
for. One of the things that we actually used to talk about on

1323
01:09:15.899 --> 01:09:18.779
day one in the protector idea challenge is how to select the

1324
01:09:18.779 --> 01:09:22.899
lawyer. How do you choose a lawyer to work with? Right?

1325
01:09:22.899 --> 01:09:26.899
That's a good one. Yeah, because I think a lot of people need to

1326
01:09:26.899 --> 01:09:31.020
know that. Yeah. And so we used to cover that on day one. It's

1327
01:09:31.020 --> 01:09:34.220
in because some people actually look on the internet for a

1328
01:09:34.220 --> 01:09:37.220
lawyer. And I'm like, that's a bad place to search for an for

1329
01:09:37.979 --> 01:09:42.060
but then at the same time, I gotta get legal rights in

1330
01:09:42.060 --> 01:09:45.420
Canada. Let me do a Google search for a lawyer in Canada.

1331
01:09:45.460 --> 01:09:49.420
It's like, well, the better way to do it is find a lawyer that

1332
01:09:49.420 --> 01:09:53.540
you do trust. And then ask that lawyer for a reference to a

1333
01:09:53.540 --> 01:09:56.780
lawyer in Canada. Because then you can hold that lawyer that

1334
01:09:56.780 --> 01:09:59.940
you do trust accountable to actually

1335
01:10:00.000 --> 01:10:01.840
having somebody who does know what they're talking about.

1336
01:10:01.840 --> 01:10:04.080
So there's an art to everything.

1337
01:10:04.080 --> 01:10:07.520
Are there people that are not good?

1338
01:10:07.520 --> 01:10:09.880
Yeah, but here's the other thing that lawyers have.

1339
01:10:09.880 --> 01:10:12.480
Lawyers have an ethical obligation under the state bar

1340
01:10:12.480 --> 01:10:16.320
if they wanna maintain their license to not play games.

1341
01:10:17.600 --> 01:10:19.920
If they're doing something corrupt,

1342
01:10:19.920 --> 01:10:24.300
they can very easily be held accountable, very easily.

1343
01:10:24.300 --> 01:10:26.560
Like I'm not gonna go into the details,

1344
01:10:26.560 --> 01:10:29.040
but I've seen people get taken out.

1345
01:10:29.080 --> 01:10:32.000
And I've actually initiated some things myself

1346
01:10:32.000 --> 01:10:33.600
when I've been up against opposing counsel

1347
01:10:33.600 --> 01:10:36.720
and I thought what they did was dirty.

1348
01:10:36.720 --> 01:10:37.560
I raised it.

1349
01:10:37.560 --> 01:10:40.840
I was like, that is not conduct becoming a lawyer.

1350
01:10:40.840 --> 01:10:43.080
May I ask one more question?

1351
01:10:43.080 --> 01:10:45.040
Oh yeah, you can ask anything.

1352
01:10:45.040 --> 01:10:48.520
Okay, well, I don't have Barney here with me today, but.

1353
01:10:48.520 --> 01:10:49.360
Oh gosh.

1354
01:10:50.520 --> 01:10:51.360
Keep it going.

1355
01:10:51.360 --> 01:10:56.360
Okay, being a patent or the IP attorney that you are

1356
01:11:01.400 --> 01:11:03.960
and you are in New Jersey, correct?

1357
01:11:03.960 --> 01:11:04.800
New York.

1358
01:11:04.800 --> 01:11:06.380
I mean, actually I was born in New York.

1359
01:11:06.380 --> 01:11:09.240
I practiced in New Hampshire and Massachusetts.

1360
01:11:09.240 --> 01:11:11.400
I've practiced in Southern District of California,

1361
01:11:11.400 --> 01:11:14.540
Eastern District of Texas, Connecticut,

1362
01:11:15.840 --> 01:11:19.600
Florida, New Hampshire and Massachusetts.

1363
01:11:19.680 --> 01:11:21.680
But I am licensed.

1364
01:11:21.680 --> 01:11:24.880
So intellectual property law is federal.

1365
01:11:24.880 --> 01:11:27.680
Federal is not dependent upon states.

1366
01:11:29.440 --> 01:11:31.040
It doesn't go by state law.

1367
01:11:31.040 --> 01:11:34.280
Like it's, so like trademarks, copyrights,

1368
01:11:34.280 --> 01:11:38.440
there are certain state policies that you can look at.

1369
01:11:38.440 --> 01:11:42.360
As an example, unfair competition is a state claim

1370
01:11:42.360 --> 01:11:44.400
under tort law, right?

1371
01:11:44.400 --> 01:11:47.520
But if you're filing a trademark application

1372
01:11:47.520 --> 01:11:49.880
or doing a trademark search or a copyright application

1373
01:11:49.880 --> 01:11:53.520
or doing a patent search or a patent application,

1374
01:11:54.760 --> 01:11:56.400
there's no state regulations.

1375
01:11:56.400 --> 01:12:00.000
It's all federal, 100% federal.

1376
01:12:00.000 --> 01:12:01.520
So you just answered my question

1377
01:12:01.520 --> 01:12:04.480
because I wasn't sure about how that works.

1378
01:12:04.480 --> 01:12:09.160
Because you can have, for most problems or issues,

1379
01:12:09.160 --> 01:12:10.840
you can have a California attorney,

1380
01:12:10.840 --> 01:12:13.120
but they can't practice in other states

1381
01:12:13.120 --> 01:12:14.960
because they haven't passed that bar.

1382
01:12:14.960 --> 01:12:16.000
So that.

1383
01:12:16.080 --> 01:12:17.880
Yeah, so if, as an example,

1384
01:12:17.880 --> 01:12:21.120
let's say you were doing litigation in,

1385
01:12:22.080 --> 01:12:27.080
let's say you had a litigation case in North Dakota, right?

1386
01:12:27.480 --> 01:12:31.800
I would have to hire a local council in North Dakota

1387
01:12:31.800 --> 01:12:34.400
to represent you in the courtroom

1388
01:12:35.320 --> 01:12:39.900
because it's run by that specific jurisdiction.

1389
01:12:39.900 --> 01:12:42.600
But the filing of applications and stuff like that,

1390
01:12:42.600 --> 01:12:43.600
that's all federal.

1391
01:12:43.640 --> 01:12:46.080
There's no state regulations at all on that.

1392
01:12:46.080 --> 01:12:47.560
That's all federal.

1393
01:12:47.560 --> 01:12:48.400
Yeah.

1394
01:12:48.400 --> 01:12:49.280
Well, thank you.

1395
01:12:49.280 --> 01:12:50.760
There's a lot of people here.

1396
01:12:51.840 --> 01:12:54.560
Are these questions about like the audit or something

1397
01:12:54.560 --> 01:12:56.080
or like what?

1398
01:12:56.080 --> 01:12:57.400
Some, everyone's hanging out.

1399
01:12:57.400 --> 01:12:58.240
Oh, there are?

1400
01:12:58.240 --> 01:12:59.080
There's some questions.

1401
01:12:59.080 --> 01:13:01.720
We're just hanging out, asking questions,

1402
01:13:01.720 --> 01:13:03.600
figuring out what's going on.

1403
01:13:03.600 --> 01:13:04.640
All right, cool.

1404
01:13:04.640 --> 01:13:07.080
Natalie, did you have a question about the audit?

1405
01:13:08.520 --> 01:13:09.360
I have one.

1406
01:13:09.840 --> 01:13:11.680
I didn't.

1407
01:13:11.680 --> 01:13:13.680
I have so many questions.

1408
01:13:15.680 --> 01:13:16.520
Not about-

1409
01:13:16.520 --> 01:13:18.040
You mean legal questions?

1410
01:13:18.040 --> 01:13:23.040
Well, how would you say legal questions?

1411
01:13:23.760 --> 01:13:27.040
It's just in regards to,

1412
01:13:27.040 --> 01:13:32.040
because my patent is already, has been approved

1413
01:13:32.040 --> 01:13:37.040
and people are coming after me to license

1414
01:13:37.360 --> 01:13:40.080
or to be able to manufacture.

1415
01:13:40.080 --> 01:13:45.080
And I'm concerned because of course,

1416
01:13:46.960 --> 01:13:48.800
people that don't know what they're talking about,

1417
01:13:48.800 --> 01:13:53.400
so glad I'm here to be in the challenge,

1418
01:13:53.400 --> 01:13:56.120
say it doesn't matter if you patent it or not,

1419
01:13:56.120 --> 01:13:57.360
people can steal it.

1420
01:13:58.720 --> 01:14:00.400
Well, it depends upon, honestly,

1421
01:14:00.400 --> 01:14:03.040
depends upon the claims of your patent.

1422
01:14:03.040 --> 01:14:05.560
So if your claims are written well,

1423
01:14:05.560 --> 01:14:07.440
then it should be very difficult for somebody

1424
01:14:07.440 --> 01:14:09.760
to design around your invention.

1425
01:14:09.760 --> 01:14:12.960
And then the question becomes enforceability, right?

1426
01:14:12.960 --> 01:14:17.360
And so we're gonna talk about patents a little bit tomorrow,

1427
01:14:17.360 --> 01:14:20.080
but mostly on Friday, we'll talk about patents.

1428
01:14:20.080 --> 01:14:23.560
So when it comes to enforcement,

1429
01:14:23.560 --> 01:14:27.280
patents are the most expensive of all things

1430
01:14:27.280 --> 01:14:29.760
to obtain and to enforce.

1431
01:14:29.760 --> 01:14:31.360
So one of the best things that you can do

1432
01:14:31.360 --> 01:14:33.760
is actually find a partner

1433
01:14:33.760 --> 01:14:36.080
or like some kind of business venture,

1434
01:14:36.080 --> 01:14:37.880
other individual that can work with you

1435
01:14:37.880 --> 01:14:39.680
for the enforcement purposes,

1436
01:14:39.680 --> 01:14:41.320
or separately find somebody

1437
01:14:41.320 --> 01:14:44.040
who will take it on a contingency fee basis,

1438
01:14:44.040 --> 01:14:46.560
such as like Hill, Kirchherr and Wharton

1439
01:14:46.560 --> 01:14:48.440
in Atlanta, Georgia, they do that.

1440
01:14:48.440 --> 01:14:50.560
There's other law firms that do stuff like that.

1441
01:14:50.560 --> 01:14:52.640
So these are all things I bring into the audit.

1442
01:14:52.640 --> 01:14:55.600
Like I walk through all this stuff in there.

1443
01:14:55.600 --> 01:14:57.880
So I give people guidance on all these things.

1444
01:14:57.880 --> 01:15:00.240
So if that's something that you're...

1445
01:15:00.000 --> 01:15:05.440
considering, you know, I would bring that into there. You can talk about licensing. You can talk

1446
01:15:05.440 --> 01:15:09.760
about whether or not you should step into manufacturing or not. What are the different

1447
01:15:09.760 --> 01:15:14.560
issues that you have in manufacturing in different locations? I have clients that manufacture in

1448
01:15:14.560 --> 01:15:21.520
Indonesia, Malaysia, China, Germany, all sorts of places around the world. So it can give you

1449
01:15:21.520 --> 01:15:28.160
insight on that as well. Yeah. Okay. Thank you. You're so welcome. Did anybody else have a question

1450
01:15:28.160 --> 01:15:37.600
about the audit in particular? The door closes Friday. Just so Friday at midnight, it closes.

1451
01:15:39.200 --> 01:15:44.160
Just so everybody knows, people are already signing up. I want to make sure that, you know,

1452
01:15:44.160 --> 01:15:51.760
as people sign up, I get them on the calendar properly. So if anybody has a... Hey, Larissa.

1453
01:15:51.840 --> 01:16:00.080
Oh, Candace. Hey, what's up? Hi. So I missed the first 30 minutes because I could not figure out

1454
01:16:00.080 --> 01:16:10.560
how to get into this group. But will you be showing us some of the extra add-ons for the

1455
01:16:12.320 --> 01:16:16.960
larger package? I guess the protection... Tomorrow, we're going to go through it one more time.

1456
01:16:16.960 --> 01:16:19.920
I'll let people know about it one more time. And we're going to have a few special guests

1457
01:16:20.000 --> 01:16:25.680
who actually were at different stages. So some people who are just starting out and didn't know

1458
01:16:25.680 --> 01:16:30.320
what they were going to do, and actually received clarity so that they actually built

1459
01:16:30.320 --> 01:16:36.880
like successful companies after that audit. One example is Eileen is a really good example.

1460
01:16:37.760 --> 01:16:43.840
And then we've got Angelina's another... We've got a bunch... Angelica did a great job. She's

1461
01:16:43.920 --> 01:16:48.720
Angelica did a great job. She's thriving now. Yeah, we've got some great...

1462
01:16:49.440 --> 01:16:53.520
Todd and Tamara did. We have so many people who have done it at this point. We've done a lot of

1463
01:16:53.520 --> 01:16:59.040
them and we've never had... Candace, I'm going to drop a link. Sorry to interrupt, Peter. I'm going

1464
01:16:59.040 --> 01:17:04.720
to drop the link and everything that's included in this package is going to be on the page that

1465
01:17:04.720 --> 01:17:10.480
this link is on. So that's what it comes with. Right. That's true. Yeah. You can see the stuff

1466
01:17:10.480 --> 01:17:16.240
on there. And I can tell you this, though, that it doesn't exist. Like lawyers don't do this

1467
01:17:16.800 --> 01:17:21.120
because we don't need to. Honestly, I could sit back and bill at 600 bucks an hour.

1468
01:17:21.920 --> 01:17:27.520
I just sit back and do that. I don't need to do a package like I'm doing this because I've seen so

1469
01:17:27.520 --> 01:17:35.280
many people get in trouble. And this is a nice way of covering. People can come in. I can go

1470
01:17:35.280 --> 01:17:40.000
through everything with them. They can ask any questions, get guidance, do legal advice, all

1471
01:17:40.000 --> 01:17:44.480
sorts of stuff. They now have a good, solid direction. They've got a trademark search and

1472
01:17:44.480 --> 01:17:50.800
an application included. They've got a year long network that they can go into and ask questions

1473
01:17:50.800 --> 01:17:58.240
once a month and not get charged extra by a lawyer. This stuff does not exist. I'm telling

1474
01:17:58.240 --> 01:18:03.360
you, you look for it. Lawyers won't do it. I second guess because when I came into this,

1475
01:18:03.360 --> 01:18:08.480
I was like, well, I have a trademark and everything's copywritten and I've got the USPTO

1476
01:18:08.480 --> 01:18:13.680
and I look at it. And tonight while you were the earlier conversation, I'm looking at it going,

1477
01:18:13.680 --> 01:18:20.880
wow, that's just a low, like a logo mark. And that's just this mark and that mark. But I missed

1478
01:18:20.880 --> 01:18:28.320
the first part of conversation, but I realized it's not all in one thing. Yeah, it's true.

1479
01:18:28.320 --> 01:18:31.600
And then tomorrow, one of the things I'm going to touch base on is in that logo,

1480
01:18:31.600 --> 01:18:36.400
there's multiple parts and how do you search the second part? So if anybody has any further

1481
01:18:36.400 --> 01:18:40.240
questions on the audit, I'm here to answer that. Otherwise I'm going to jump off because it's like

1482
01:18:40.880 --> 01:18:48.560
955 my time. Good night. Take care. I'm sorry. I don't have Barney to post tonight. Good night.

1483
01:18:49.200 --> 01:18:56.320
Okay. All right. I'm going to jump off then. Actually, why don't we let people go? Oh,

1484
01:18:56.320 --> 01:18:57.440
it's my pleasure, guys.