Carrie or Kay, anything you would love to say as far as like, boom, golden nugget, life
mind altering information, even on patents, even on earlier today, so far?
Well, I missed today.
So I was out.
I have booked myself a ticket to Paris and I'm leaving on Tuesday.
And so I really am, I'm like running crazy trying to get myself together.
I have a, I did my MBA in Fontainebleau, just south of Paris and 25 years ago.
So I am flying over for the reunion that's next week and then I'm going to Italy.
So I will be starting my tours.
So I'm going to go do the leg work for a couple of tours that I'm going to have coming
up, shopping tours, all kinds of fun stuff.
So yeah, go ahead.
I'm sorry.
I'm just saying I missed tonight, unfortunately.
Okay.
Well, I will say one thing that they came out over.
I mean, all of it's been mind blowing and I'm so glad to be doing this.
You know, I think anytime we have good ideas, we need to know how to protect them.
So, but I thought one thing that really came out for me was when he was talking about registering
the trademark and there was a big question about what name are you going to put it in?
And that's something that I've tripped up before when I go to do a business or I go
to do a website and I go to pay for it.
It's like, well, wait, who's paying for this and whose name is it in?
And so I think those sort of preliminary questions are always good to begin to think
about even before you have the great idea so that you know how to structure yourself.
Because if you structure yourself, then you can have a good foundation and, you know,
don't have to, you know, tread water or try to try to do the backstroke back to where
you started.
So, but it's all been so good.
Like really, that's, it's just been really, really interesting.
Not scary.
You know, I mean, I guess in some ways you might, you might say, oh, it's, it's scary,
but no, it's, it's a good to be able to protect ourselves.
So, so great.
Great.
Thank you guys for doing this.
You're welcome.
You're going to love the replay tonight.
You're going to hear more from, we had some testimonies from other people and Peter's
here.
So I'll let him keep speaking to that.
Okay.
Hey, how's everybody doing?
Good.
Wow.
There's less people today.
That's interesting.
Let me see.
Okay.
I see Carrie.
Okay.
Cool.
Peter, did you hear what she just said about like the filing?
No, no, no, I didn't.
I just got back into here.
So I was going to add, Carrie just brought up a great point.
She said she loved that nugget, you know, you explained about, you know, what name or
entity you file a trademark in.
And, you know, you've said many times, I don't remember you saying this the other day, like,
you know, when you file, like if you have a friend or like your partnerships, you know,
you talked about like, you know, filing a trademark and who owns it, like if you have
the business owner, but then you split your business, who still owns that intellectual
property.
Yeah.
So it depends on, it depends on what you did with it in the first place.
So, and it also depends on the type of intellectual property.
So if it's a patent, the inventors have all the rights to the patents, right?
So all the rights invest in the original inventors, unless they assign all right title interest
over to a company, same thing with like copyrights, copyrights are in the name of the artists.
And then for trademarks, it's the one who actually creates the trademark work.
But if you, if you assign all right title and interest, let's say there's two individuals
that work on a patent work, right?
And they file a patent and they assign all right title and interest to the company.
I'm going to tell you a situation that actually happened, real life situation that became
a big problem.
But after I explain this to you, if you assign all right title and interest to the company
and the two individuals leave, the company still owns it, if the company splits, then
in the merger or acquisition or in whatever, whatever way that the company ends up splitting,
as opposed to a merger and acquisition, when somebody comes in and takes the company, if
it splits, then in the agreement, there's going to be a condition that talks about intellectual
property.
You'll see it in there.
They'll say, this is what happens to the assets.
It's very specific because IP.
has tremendous value.
The interesting thing about IP though,
is that you may believe that your patent
is worth $10 million.
I may believe it's worth $20,000.
So it's very much a product of the individual,
but then also the market.
Like is most of the market looking at that technology?
If they are high value, like high, high, high value.
And then the other thing you look at
is what's the norm for licensing the technology?
Like what's the normal royalty rate?
Like in the electronics industry, it might be 2%,
but in the licensing of, let's say like a trademark,
it might be 6%.
Like it depends upon the specific industry
and what's being licensed.
So you have to kind of look in detail.
So let me tell you a little story about what happened.
These three individuals come into my office in Boston
and they have this new business they want to form.
Now the brainiac, like the technological brainiac
is over there and he, let's say his name is Mark.
Well, let's say it's Susan.
So let's say it's Susan.
Susan is the brainiac.
She's the one who created the technology.
Then Mark is the finance guy.
And then David is the connections guy.
Right?
So they all kind of come together
and they build this company.
Now, Susan, again, is the brainiac.
So they go forward, they build this company.
And in the time of when they start to build the company,
I asked them, what are you going to do
about the legal rights of the IP?
They say, well, Susan's smart.
Like she's the inventor.
So everything should be in her name.
I say, hold it.
Let me ask you a question.
Am I representing you as individuals
or am I representing the company?
Cause if I'm representing the company,
what you just said is the worst thing
you could ever do ever.
And they, I'm telling you, I'm not even kidding.
Like, this is what they say to me.
You don't understand.
We've been friends for 15 years.
Like they're, her kids hang out with my kids.
Like, you know, we went to college together,
blah, blah, blah.
I'm like, it sounds like white noise to me.
None of that matters.
I say back to them, that's great.
I hope your relationships continue for all eternity.
I don't care.
Here's my question to you.
If Susan all of a sudden says,
hey, I've got a better opportunity somewhere else.
And Susan, not saying anything bad about you, Susan,
but Susan says, I'm going to go take that opportunity
cause they're giving me a $10 million bonus, right?
Susan owns the IP.
So that means the company owns nothing.
How exactly do you propose to continue using this technology
if the owner of the technology just left?
And Susan jumps out, no, that'll never happen.
No, what are you kidding me?
Like, that would be corrupt.
I would never do anything like that.
No way.
I'm like, so I mean, I went at them like twice,
viciously I went at them.
Now this is a new client.
Like I'm pushing, I'm like, guys,
you have to make sure it's assigned to the company.
No, Susan won't leave.
We're best friends.
We have tea parties on the weekend.
We're best friends.
I mean, I'm obviously exaggerating.
Well, what happens?
Three years later, Susan has a phone call.
Hey, when we created things, everything's in my name, right?
I can't answer that question.
Well, why can't you answer the question?
You represent me.
I said, no, I represent the company
and I know why you're asking that question.
I can't answer that question.
And what you need to do is have a board meeting right now
to talk with the other two.
I'm not gonna do that.
I'm thinking I'm gonna go out and do my own thing.
There it is.
The company crashed, crashed.
Successful company crashed because she held all the IP.
Now it wasn't a woman named Susan, it was actually a guy.
But the whole point was you gotta be careful
who owns the IP.
It's one of the most important things.
And here's the interesting thing, in a patent world,
each inventor has a 100% interest in the IP.
That makes no sense.
Like when you think about it, if I have a bicycle and Carrie
like we both, like if I have a bicycle
and I give it to Carrie, like either I own it
or she owns it, like she now has it, it's hers, right?
Well, what if I had a bicycle
and both Carrie and I owned it 100%?
Like, it's kind of a weird thought pattern.
But if you have two inventors.
You have two people with a 100% interest.
That should equal 200%,
but according to the government, it doesn't.
100 plus 100 equals 100, apparently.
That's how the government works.
So you gotta be careful.
So now if you, you know, Kay over here, who's awesome,
Kay decides to make a deal with Catherine,
who's also awesome, and they both create a new invention,
but then Kay says, man,
this company's offering me $5 million for it.
I'm selling my IP rights.
She outright sells her shares of the patent
over to ABC Corporation.
And Catherine says, you can't do that.
Yes, you can.
She has 100% interest.
She just sold her interest in the IP to another corporation.
And Catherine's saying, well, hold it.
I don't wanna build animosity here, guys.
But, you know, Catherine's saying,
but that's not fair.
Like that was our arch rival.
That was our competition.
And Kay's like, yeah, you know what?
Shoot me a memo.
I'm in Puerto Rico right now,
and there's a guy named Tatu
who's giving me a pina colada.
I really can't deal with this right now.
Like, you know, speak to them.
I just, I'm a little busy.
You know, the waves are really crashing loud.
I can't hear you.
What, what, what?
And she can do that legally.
That's why you have to be careful
when you have more than one person
who creates an invention.
Each person has 100% interest,
and they can do whatever they want with their interests.
So you wanna try to create a deal
before you file a patent.
This is why when I file patents for large corporations,
I make sure that the patents are assigned
before I file a patent.
And if I see an inventor really pushing
for the patent to be filed,
it makes me wonder why are you pushing so hard
for that patent to be filed immediately
when you're no longer with the educational institution?
It makes me kind of wonder,
are they gonna sell that right to the company
that they're now with?
So I'm always thinking about these things,
and I kind of train you guys on that too.
So does that, that's a lot of information,
but does that answer your question, Carrie?
Yeah, no, I didn't really have a question,
but oh, that's awesome.
For me, it was just very striking,
the idea that, what you're saying,
think about these things before,
even before you get the great idea,
begin to already think
of how are you gonna structure yourself,
your company, your legal rights, everything,
before you get to that moment
where you're up against the wall
and have to make a quick decision.
Absolutely.
So that's really good.
Yeah, just-
Yeah, 100%, you nailed it.
I mean, it's such an important issue,
and most people don't think about it,
and then they get in trouble,
and then they try to fix it,
and that's when I make a lot of money.
It's like, because people are trying to fix
a really bad situation,
and many times I can come up with something,
but in the area of inventorship, very hard to fix.
Not to really get into it,
but I'm just wondering,
does who pays for the invention also lend into it?
I'm thinking like pharmaceutical companies, and-
That's a great question.
When you get a lot of financial interest in something,
even if you didn't do it,
there's gotta be some weight that goes with that,
I would think.
No. Not a penny.
Not a penny, okay.
Not a penny, which is kind of,
you would think, oh, that's not fair.
Like, you know, the company spells,
here, put it this way.
Company spends $12,000 on a patent application.
I'm the inventor.
Well, thank you for spending $12,000
on a patent application.
It's my patent.
Well, no, I wasn't actually thinking about the application.
I was thinking about the process
to get to the development of the patent.
So you mean like the manufacturing
and development of the technology?
Yeah, or if somebody's, you know,
if I'm an inventor and somebody lends me the money
so that I can stay at home and do my research,
and then I invent it, and then I go and put it in my name,
do they not have some kind of legal right
to say we paid for it?
No, they have no rights.
Unless there was some kind of contractual agreement.
And in fact, here's the interesting part.
This will kind of blow your mind.
The interesting part is that the company
was infringing your patent the entire time.
When they manufactured it, when they distributed it,
those are two of the rights for a patent application,
for a patent.
But you have no legal rights
until the patent actually issues.
But when the patent issues,
that manufacturing that was done by the company,
the distribution, the sales,
those were all infringement of the patent.
So the fact that they spent the money, doesn't matter.
There is something that's a curious area of the law.
The way it works is,
it really falls into the area of like employee agreements.
So let's say you have a company and somebody.
is creating an invention at your company while being paid, right,
by you using your equipment, and the thing that's created is
aligned with what your company does, then people will often
argue that that was that actually belongs to the company,
because it was created on their time, why the person was hired
using their equipment, you know, it looks at all these different
aspects of it, the way to make sure you don't run into a
violation of that is make sure you have an employee agreement.
So the employee agreement spells out anything made, you know,
made in the following technology technological area while on
company time, or using company equipment will be the will be
owned by the corporation. And you have an obligation to assign
our right title and interest to the company when the company
asks you to sign that document. Like that should be in your
employee agreement. A lot of people don't do that. And then
they get in a lot of trouble.
Okay, well, thank you.
Sure, sure. So let me let me start here. Or let me continue
here. Does anybody have any questions about the protection
portal? Because this is VIP, you guys have been getting like
probably a quarter of what the portal is, because we've been
answering questions live, emailing questions interacting,
that's a good piece of what the portal is like. Anybody have any
questions on what it's like or what you do or what's provided
or anything like that? So I check first.
I wasn't here. So I don't know what you're talking about. But I
will go back to the replay. So just ignore me.
No problem. Yeah, you'll see it in the replay. I'll touch base
on it tomorrow quickly. So people, you know, if anybody has
any questions, I can answer questions. All right. Well, you
have to unmute. I can't hear you.
Well, I'm muted back. I was just I left you a note that she
wasn't the only one who missed it. So that you covered it all
though. Because they're like Addison's here, but he wasn't
here earlier. And so before Oh, was Mandy there? Mandy, were
you there?
No, I wasn't. I wasn't sharing there. It looks like multiple
people weren't there. So I can take for those. I'm sorry. You
mean it? I was there.
You were there. Peter, would you mind putting up the sheet that
has like, yeah, let's do that now. Do you guys mind if I take
just five minutes to summarize it for them? Are you guys okay?
Okay, cool. Yeah, I just want to honor you guys that were there.
I don't want to, you know, I don't want to be rude. I don't
we're there. I don't want to, you know, kind of take advantage
of you. Alright, so let me do this. Back up, back up, back up,
back up, back up, back up, back up, back up. Right. They are.
Right. They are. Alright, share my screen. And here we go. Share
screen. Present. Pell. Okay. Alright, so what I'm offering to
all of you is something that's very unique does not exist. And
it's my honor to actually offer this to you. It's called the
protection portal. I created this because what I realized was
first of all, what you've learned in IP is a fraction of
what actually is involved in intellectual property. There's a
lot of areas of IP. There's a lot deeper to go. And as you
start to implement things within your company, you're going to
have a lot of questions, a lot of questions, because I know
this, because I get DMS every single day, with people asking
questions who are not in the portal. And so what the
protection portal does is it gives you an environment to
continue to grow, but not only to continue to grow, but not
spend ridiculous amounts of money while you're growing.
Okay, that's really important. So I provide a number of
features in the protection portal. So I'm going to go
through them all here. The first one is obviously I am a
patent trademark, copyright and trade secret attorney, I do
litigation prosecution. I'm also an adjunct professor of
intellectual property law. So you'll get access to me
obviously, every month for an hour and a half, I will go live.
All right, you get to email me during the month any of your
questions similar like what you do in VIP, you go into a private
Facebook group, during that hour and a half, you're in a
network of individuals that are dedicated to this, like these
are people that are in the portal. Some people have been in
for nine months, other six, some three, it fluctuates based on,
you know, which challenge they entered in. And you're in that
network. These are people that are implementing what you're
actually learning right now.
They're implementing a real life.
And on top of that, they're asking questions
based on their implementation.
So you get to learn.
Not only do you get to ask your own questions,
but then by hearing the questions of others
and the answers, you're going to advance and excel so fast.
I mean, a lot of the Protection Portal people, honestly,
are building companies already.
They're top level coaches already.
They're publishing in the United States and foreign countries.
Like, they're growing very fast.
And a portion of the reason for that is the Protection Portal.
Because they're gaining access to data very fast
without spending a lot on lawyers.
Let me show you some other of the features here.
There's a number of features, but I'll show you
some of them one by one.
So number one is the monthly trainings.
You'll get for an hour and a half every single month,
you get to email me your questions.
And I will give you guidance.
No legal advice, but I will give you guidance.
Next.
You also get access to something that's very unique.
And I do this based on specific situations.
Let's say that you're trying to sell product in Canada.
And you want to open up a distribution plant in Canada,
but you need to talk to an attorney in Canada
because you want to file trademarks in Canada.
So you go, I don't know anybody in Canada.
I do.
I know lawyers in every single country that you can think of.
From Malaysia, to Indonesia, to China, to Japan, to Taiwan,
to Germany, you name it.
I have agents in every country in the world.
I haven't been stumped yet.
Maybe that'll change one day.
But anyways, in each scenario, I analyze
whether or not a certain attorney
will be a good fit for you.
And then I share based on that.
So I've introduced, like, I've introduced
based on that.
So I've introduced, like, Paula Clancy in Canada.
And she's supporting a number of people within the portal
already.
Another thing that you get, obviously,
is the review of the emails.
I continue reviewing the emails and go over the responses
to those questions live during the group.
Now, those are also recorded.
The Protection Portal sessions are also recorded.
So you'll see you actually have access to that as well.
The value of that alone, over 18 hours
of training from an attorney who bills us $600 an hour,
you can imagine how much value there is in that.
Four hours with me, essentially, is
going to end up being about the equivalent of what
something like this would cost.
It's a year access.
And the cost for this is $24.95, one payment,
or three payments of $9.95.
I'd say 70% to 80% of the people just pay it off right away.
And they call it an educational expense for the company.
And they're done.
And now they have access continually to this.
Now, there's more.
But wait, there's more.
So I had to do that.
The next thing that I'm throwing in
is because a number of you have been doing trademark searches
and you have questions on it.
So what I'm throwing in for you also
is a one live training in a group
where you're going to be able to bring in your own trademarks
and do searches for it.
And I'm going to pull you into a room
while you're working there with the group.
And I'm coaching people on how to do
a search in way more detail.
I'm going to pull you into a separate room
individually and kind of look at what you're doing
and give you some guidance and kind of say, all right,
you're missing the phonetic equivalence
or you're searching in this class.
Maybe you should search in that class instead.
Maybe look at this.
Look at that.
I'll give you more guidance.
Now, that's not legal advice because I'm really just showing
you the USPTO website.
But I'm fine tuning it to your circumstances to help you out.
So I'm adding that.
The other thing that I'm adding is
something that's very unique.
I don't know that I'm going to keep doing this forever
because there is a cost to me every single year of $10,000
for doing this.
But I'm doing this because I know this helps the people.
And so I'm going to share with you.
What do we end up calling this finally, Rae?
Say that again?
What do we end up calling this?
We actually came up with a really cool name.
There was like-
Oh, it is the members portal.
The members portal, right.
It is the members portal.
OK, because I always thought protection portal.
But we did call it finally the members portal.
All right.
Sorry, I was answering a message on Facebook
from one of our attendants.
Don't worry about it.
All right.
So this is called the members portal.
Now, in here, all the videos from all the challenges
that you've been in and all the VIP sessions are listed.
So like the people in April, they
have all the challenges.
which is every single day here, and the VIPs
for every single day here.
There was actually a bonus session as well on that one.
So you'll see, you will receive your own unique dial-in,
your own log-in, and you will be the only one who has access.
You can't give access to anybody else.
And the videos that are aligned with what you experienced,
so you were in the September challenge,
you'll see September 2020.
Then it'll say main sessions.
All the days will be listed.
And then the VIP, all the days will
be listed for that as well.
There's also some bonus material I throw in there for you.
You only have access to your challenge.
You won't have access to every single other challenge.
There's another level that's coming
that'll give access to everything
that people have been asking about because they've
been applying things, and they say, well, I want some of this.
I want that.
So I created another level.
You don't need to worry about that for now.
You just want to get in first.
All right, so now within this, if you click on the videos,
you can actually see there's your video.
And you can watch the videos.
So and on the left side, you'll see each day.
So you can click on them and access them.
Each day is there, one by one.
So it's very easy to access.
You can write your own comments.
Inside this, groups can be made.
There's all sorts of really fun things you can do in here.
All right, I think that's, I know that's enough.
I'm trying to think if that's it, though.
I think that's pretty much it.
There's also one more, and I'm not
sure why, you have limited access, Peter.
I'll go fix that.
But there's also supportive guides and information
where we drop, like the way he drops things in the Facebook
group.
It should be on the bottom, but for some reason.
Yeah, there it is, supportive guides and information.
Yeah, and some bonus materials there.
So you'll see that as well.
Right, so the cost for that is $24.95,
one payment or three payments of $9.95.
The offer is open till Sunday.
That's it.
Midnight Sunday, I close the shop.
Quite frankly, because we end up starting
to get ready for the next challenge.
And separate from that, the cost is going up.
But there's another part to this that I did add,
which is anybody who is in the protection portal
actually has access to any challenge
in the future for the Protect Your Idea challenge.
So let's say in two months, you need a refresher.
You can jump in for free.
You don't have to come and pay again.
All right, a lot of people make it
so you have to pay every time you jump in a challenge.
If you're in the portal, you're committed.
If you're committed, I'm committed to you.
Let's put it that way.
So then if you're committed, it's all taken care of.
You don't have to pay again while you're
a member of the portal, OK?
Does that sound good?
Sounds good to you guys?
All right, awesome, yeah.
If you have any questions on that, feel free to ask now
or you can ask tomorrow.
Oh, Larissa already dropped the link, OK.
All right, so the link is there for you.
I would jump in soon because we're going to start
publishing material pretty fast and you'll have access
to a lot of stuff you're going to want.
So all right, what is this?
Don't we put the monthly meetings in the member portal
too?
Yeah, we do.
Yeah, that's being uploaded as well.
So good point.
All right, so every time that we do a Protection Portal session
on the month, it's recorded.
And then that's going to be uploaded as well.
So let's say you missed something.
What you can do is email your questions
and then it'll be reviewed during the session
and you'll get your answers even though you're not there.
That's what some people do as well
because there's like 70 members or something like that
already in the portal.
And so you'll get different groups
that will come in at different times.
Sometimes you'll see 15 people, other times you see 25,
other times you see seven.
It depends on what's going on.
Yes, Catherine.
So my question is, in the monthly meetings
that are recorded, do we have access
to the prior monthly meetings before we joined?
I know that we only have, at this point,
only have access to the challenges and the VIP sessions
that we ourselves took part in.
But for the monthly sessions being part of the members
portal, it starts.
The way it works is it starts from when
you start going forward.
So all the videos from, let's say you start tomorrow,
the very next.
Portal, Ashley, you know what I'll do?
Ray, just, I know I'm making your job harder.
I always know when you go, Ray.
I know, I'm sorry.
I say your name and all of a sudden you cringe.
You're like, oh, what's he doing now?
No, like, yeah, let's listen.
Sorry, this is what I want to do.
It's my pleasure.
What can we do for that?
The session that we did on Wednesday was really powerful.
Like the one that we had this week,
that was one of the most powerful ones we've done.
So what I want to do is anybody who joins the portal,
I want that session included in the video.
So they're going to get, not only going forward,
they get that session.
Cause that session, there's people that were in the session
that are like, I need the video now.
Cause that was a very powerful session.
So it went really deep.
That one went really deep.
And so, yeah, so that's what I'll do.
Sorry, Ray.
Don't apologize.
It's my pleasure.
That's what we're here to do.
To prepare them and get them set up.
So I'm actually delighted when you get all generous stuff.
So when you set up the new bracket
for this challenge for September,
take that one video and throw it into September
as well as in the other ones, okay?
Thank you very much, Ray.
Appreciate that.
Yeah, so I'll throw in that one for you.
So it'll be from this month going forward.
So you'll get this challenge, this session going forward.
Okay.
Thank you.
Let's see.
Baker's dozen, yay.
I didn't even think of that.
That's hilarious.
It is a baker's dozen.
13, that's very good.
All right, were there any other questions?
Yeah, that's right, Larissa.
It is literally less than $210 a month, which is ridiculous.
That's, yeah.
I didn't see any other questions.
Oh, these are all your questions, Larissa.
Okay.
I think we're done.
Is there another Larissa?
Cause I'm like not asking you any more questions.
I said that one.
I'm scrolling up.
I was scrolling up.
All right.
So this is what I want to do.
I want to see if you guys have any,
like if any of you have a specific question.
Okay.
Okay, go ahead.
Yeah.
Thanks, Peter.
My question is,
and I hope I'm not the only one who's like thinking this.
What if we're ready to trademark something now
and we need legal advice.
I keep hearing that this is not legal advice.
Like, I'm like, well, I need legal advice.
I needed a lawyer to help me trademark one of our companies
and all that stuff.
So do I obviously like, okay,
putting the money into the portal
or put the money into trademark process?
Like, you know.
Yeah, it's a valid question.
This is what I would say is, first of all,
the people that are in the portal get deference for me.
Because like I represent a good number
of different clients, right?
But the people that are in the portal,
I always give them the option.
If they want to work with me, I make time for them.
I just, just because they trust me.
And so we've built a good rapport.
So I try to do that.
Now, if you have certain trademarks
that you want to follow and things like that,
if you use the tools that I've showed you,
your costs for following a trademark should be extremely low.
If you know, if you follow what I've trained you on,
on grab a specimen, you know,
grab the international classification,
the recitation of goods and services,
and you can put all that stuff together,
it'll be a blessing to work with you
and you could pay a really discounted rate.
So you're not going to be spending $2,000 on a trademark,
like you'll spend like 800 bucks
and that's including the USPTO filing fee, right?
Cause I've trained you on how to put it together.
So what I would suggest is joining the portal.
And then as you have issues, like with whatever it is,
it's all going to be discounted.
The other thing is anybody who was in the portal,
I don't charge, this is kind of a surprise,
but anybody who's in the portal,
I don't actually charge my 600 bucks an hour.
I actually discounted down to $500 for them.
So it's a lower rate for the people that are in the portal,
which my law firm can't figure out.
They're like, why are these people getting discount?
And it's like, I'm the head of department.
I don't know why you're complaining.
You can't say anything anyway.
So the point, but in any case,
I would suggest if you know all this material,
like if you know IP, if you're great, if you're solid
and you have no need for further guidance,
then you may not need the portal, right?
In which case you say, look, I just need to hire a lawyer.
I already know everything, right?
That's fine.
But then there's people that are saying,
well, I'm going to be implementing these things.
I'm going to have further questions
and I don't want to pay 600 an hour.
Like I want to have a year's worth of guidance
from an attorney for essentially the cost of four hours
with an attorney.
That's a remarkable value.
But obviously if you have a bootstrap company
and you only have $3,000 to invest in IP,
then you gotta make a business decision.
What's best for the company?
Either way, it would be my honor to serve you
any way I can serve you, be that through the portal,
be that legally, whatever, I'm fine with either.
But what I can tell you is that the majority of the people,
yeah, the majority of the people
that end up starting to do the stuff on the side
end up wishing they were in the portal
because it would decrease their costs.
So does that help?
I'm not trying to brainwash you to join it.
I'm just trying to give you-
Oh yeah, it's definitely helpful.
And I know you discussed patents in the main session.
The other question that I had
has something to do with Amazon stuff.
We just-
I love this stuff, eBay, Amazon, Alibaba.
Those are like my favorite, go ahead.
My husband and I actually have been wanting
to start an Amazon business for a while.
Okay.
To the other two companies.
So if I only said yes, fine,
I'll take on another thing for us.
But I think the question now is,
because in this Amazon training that we're in,
obviously trademarks and patents are being discussed
and we haven't really gone deep.
We literally just started this training last week.
So, you know, protecting our copyright
for descriptions of our products,
or if we discover, if we find products
that we want to improve.
I mean, the more I'm asking this question,
the more like this portal is sounding like,
it makes more sense to just-
This is why Larissa will tell you,
like I'm not somebody that tries to push things on people.
That's just not what I do.
Like, it just, it feels uncomfortable if I do that.
But when I look at people and I say,
these people are gifted, like they're gonna grow.
Like these people are building companies.
They're gonna need it.
I know they're gonna need it.
I have no doubt.
And so that's why,
that's when I push a little harder to say,
guys, honestly, within two months, you'll have paid for it.
Oh, I didn't tell them something, right?
I totally forgot.
I have, remind me tomorrow to mention the affiliate program.
I didn't even-
Oh my goodness, it's like the part of the best part.
Okay, okay.
I totally forgot about this, Larissa.
All right, so just one other thing, guys.
Anybody who's actually in the program,
in the protection portal,
you actually automatically have the option
to become an affiliate at 20% of anything
that you refer into the program.
Now, just to put this in perspective,
Todd and Tamara,
I think I've cut them a check
for like three grand and change already.
Like, and they've paid for the portal, right?
So if you have other people that you're referring in,
you can get money basically sent to you.
And it basically pays for the portal.
If during the year you end up referring,
I'll give an example.
The challenge is 95, the VIP is 195.
The offer is 24.95.
That ends up being at 20%, blah, blah, blah, blah, blah,
ends up being about $560 for one person
if they take the offer and they go through VIP.
So the affiliate program actually helps you to pay.
The intent of my doing that was to help you pay
for your own membership so that you can grow
and end up not spending a lot of money.
So I totally forgot about that, right?
Sorry.
I know, I actually have another point for Kay
to kind of help answer her question on the first one
is that Peter just added as well
when he was talking about the portal inclusions
is he's going to be mentoring and guiding you
while you're preparing
all of your trademark application filing.
So you're gonna get that.
So that already brings your lawyer costs down
and top of filing.
And so, plus you get the year of the membership,
plus you get the community that sharpens you up
and keeps the success focus.
So-
There's one other thing for you specifically, Kay.
If you're dealing with eBay,
there's a lot of situations where you run into disputes
where people are taking your trademarks
or they're taking your logos or you're taking your artwork
and they end up slapping it on other products
or they just, what they do is they,
you know, for eBay,
you actually have to take a picture of the product, right?
There's a lot that goes into that, getting,
I mean, Ray can tell you all day long,
you know, the right colors, the right lighting,
the right shade is very important to the perfect image,
right?
Now you've got the perfect image.
And then all of a sudden you see your image
on somebody else's product that's being sold,
that's a dispute that you now have to file with eBay.
So I have knowledge in those areas.
too. So, you know, there's, there's just a lot of different things, a lot of different benefits. So,
that's enough on that. Sorry. Okay. So let me, Sherry, you had a question or was it Catherine
first? I don't know who it was. Was it you, Catherine? Sherry can go first. I've already
asked. Okay. Sherry, go ahead. Go ahead, my dear friend. Okay. Okay. Well, I, I still have a couple
questions that still have to do with way back first day. So when you were talking to me about
Confident Kids Academy, it seemed like I should steer clear of that, even though I've been
doing stuff with that for the last year, or I kind of got that indication from you,
um, both because of the descriptor thing. And then also because of, um, somebody else has
Confident Kids, even though it's drama and, and, uh, doing. So, so my question is,
so I kind of steered away from that. Then I started looking at reader detective.com.
Well, that has reading detect. There is an actual book series called reading detective.com
that is registered, or I mean, not, not, um, sorry, it's not reading detective.com, but it just,
it's, it's a registered name of reading detective.com. It's a product. And so, so then I,
so if it has an ending, like ING, instead of like mine is reader detective, like teaching
people how to be detectives of their own readers, their kids. And, and, but
is your question, if the ending of the word is different, is that still infringement? Is that
what you're asking? Yeah. And I'm guessing it is. Okay. No, no, it's a great question. It's
a great question. Um, so let me just, I'll just go through, let's say, um,
here's the law. Here's a lawyer's answer. It depends. All right. And I'll give you an example.
Remember how I told you about commercial impression? Does it look the same? Does it
sound the same? I listed all the factors for you. You've got to go through them one by one, right?
So think of it this way. One person owns the trademark boomers. Another one owns the trademark
booming, right? Very different commercial impression, right? Booming makes me feel like,
makes me feel like, you know, success doing really well. Boomers makes me feel like that's
kind of like talking about people that were born, born at a certain time, very different impression.
Now, if I look at the spelling, one has ING, the other one has ERS, right? Boomers. Yeah.
So I would argue, well, they kind of look different. One person doesn't own the word
boom. It'd be very different if I was saying boom versus booming, because then boom is in
booming. That's clearly trademark infringement. If it's boom versus boomers, that's clearly
trademark infringement because it has boom inside of it. But now it's booming versus boomers.
I'd say different commercial impression. I say they don't own the word boom. They own booming.
That doesn't look the same. It doesn't sound the same. Boomers, booming, doesn't sound the same.
Then I'd start looking at other factors here. Man, my hands are starting to buzz.
That's cool. Something's happening spiritually. Man, what is going on? All right. That happens
every once in a while. I'm literally feeling presence. I don't know what's going on. All
right. So that's one part of it. But then the next part is, are the products sold in the same
area or are the services provided in the same area? Yes or no? I mean, you have to look at every
factor one by one by one. So I can't tell you in your specific scenario, you need to do this.
Cannot do that. That's legal advice. You need to talk to an attorney for that. But I just gave you
an example of a root word being inside of another word. That's a high likelihood of confusion.
But then that root word with other letters compared to that root word with other letters,
where there's really not much of a chance of infringement. So this is why a good lawyer
is important because they'll assess the specific scenario and look at the goods, the services,
the price points, where it's sold. Is it on target or is it only available on a website?
Look at all the factors and make a decision as to whether or not there is the potential
of infringement or not. OK. OK. And then the last question is, so if because our who is the same,
you know, like it's still even though they're
talking they're making books for kids to read ours is a program to teach parents how to teach
their kids to read i think there's probably enough overlap that it's still going to be
probably considered infringement i would guess um but so my next question is i have a company
or i well it's not officially a company but i bought the url all like 15 different urls for
creatively breaking free um 10 years ago and i and i've been i had i was doing everything
under that name all my reading instruction and all of that and then i stepped away and started
working and in academia and stuff like that for a little while and then came back to it my question
is um that one like when i looked up creatively breaking free on that website i don't see
anything when you say that website do you mean the u.s the one that you gave us the first day
yeah you do the trademark searches right there doesn't seem to be anything um on that comes up
on that one at all now that's just in the u.s or that's international that's just u.s right
things let me ask a few things and this is for everybody okay what i have showed you is a top
level searching tool you should not be relying upon your search results from a top level searching
tool you use a top level searching tool to reduce the number of results then you go to an attorney
to have a real search done okay because a real search is not going to use the uspto website
it's going to use um it's going to use publications it's going to use the u.s and foreign references
it's going to use like uh business names it's going to use corporate names it's going to use
state registrations it's going to use federal registrations it's going to use common law usage
that's what you need for a real search to determine whether or not you potentially have an
issue because you may be searching the united states patent trademark office for federal
registrations but somebody has a registration in the state that state is not going to come up as
a result because you're searching the united states patent trademark office which is for all
of the united states it's a different database where you're using the uspto website for is to
get rid of things that clearly are not available right so you can do top level searches and you
can say i'm looking for starburst for candy i look for it oh there it is i don't need to go
any further because that's clear there's the international class there's candy there's the
word that's very simple right well let's say i have five trademarks now i do five trademark searches
four of them get knocked out one of them looks good you take that one you now go to the attorney
with that one so what i'm saying is you should not be relying upon the uspto search results for a
number of reasons number one you're not familiar with using it to the degree where you can really
rely upon it very well yet you'll get there but you're not there yet all right number two i have
a strong suspicion that if there are three works in your trademark like you know if the trademark is
uh get or was it rich dad poor dad right let's say that's the trademark rich dad poor dad okay
if you type in rich dad poor dad it's looking for any trademark that has all four of those words
but if somebody has a trademark for rich dad alone you're committing trademark infringement
by using rich dad poor dad so by searching for four words the trademark that only has two of the
four words didn't come up what you should be doing is searching and this is why one of the tools i'm
going to give in the protection portal is to sit down with people and do this you know do these
searches together so you guys get this this is so important you could do it wrong all the time
you should be searching for for combinations of those words individually the words and the
goods and services you know we've we've had these on this stuff there's a lot more
so are you saying then that if we only did like breaking free as it as the words by itself
then it wouldn't be then that's a better way to register than to do creatively breaking free is
that what you're saying no i'm talking about searching you were talking about searching right
right so what i'm saying is when you search it's always better to search for single words
or less than the full phrase if you have a slogan that says just do it
and somebody already has a registration for Just Do for sneakers, that's trademark infringement.
All you did was add one more word. So if what you did was you searched the USPTO website for
Just Do It, you said, oh, it's clear, no problem. No, you just committed trademark infringement
because you searched for Just Do It. You didn't search for Just Do. There's different ways to
search the USPTO website. You should be searching not only the entire phrase, but then parts of the
phrase. So that's why, again, one of the reasons why I'm doing this extra feature of walking
people through searches. Catherine, let me go to you now and just see what your question is, my
friend. So thank you. My question is about you, Peter. Can I ask you, you have the members portal,
you have the protection portal, and there's the affiliate program that you've put together.
And my question is, is there anything in the package? You probably have many different
streams of income, this being one of them. But just using this as the example, do you have any
patents on these? And here's the patents on you mean on this process that I'm providing?
Yes. And here's the reason that I'm asking is to kind of get real life example,
because some of the stuff that I deal with some of the stuff that my husband deals with,
our company whatnot, is more digital. Yes. And, and so I and so I'd like an idea about,
like how that works in the digital world. So that's the reason for my question,
how it works and how patents work in a digital world. Okay. So while you're in, I don't believe
in luck, but you're very fortunate because I'm an electrical engineer, right? That's actually
my background. I'm an electrical engineer, my trade. All right. So I went to school for
electrical engineering, became bored, and then went into law. And so I'm very familiar with
digital work. The majority of my clients, I'd say probably 70% of my clients are electrical.
And so I do a lot of work with everything from telecommunications to microchip fabrication,
to rocket science, to you name it, I do a lot of stuff. So if you're, you're asking,
how does this apply to the digital field? Do you mean how to patents apply to the digital field?
Specifically with the program that you have put together that you just introduced to us today,
or with the, I guess the workshops or the, the system that you've put together.
So method patents, that's what you're talking about. Method patents. Yeah. So, all right. So
there's a thing called method patents, right? The way method patents work is they protect
a certain method of doing business, right? There's this thing called business method patents.
They're actually one of the hardest things to get issued patents on right now, because they
get rejected under, I'm just going to get really geeky for you. They get rejected under 35 USC
section 101 for unpatentable subject matter. All right. You don't need to know all that. I believe
Anders probably already knew that. So he's nodding his head. He's like, yeah, yeah, I knew that. I
knew that 40 years ago when I made my first million. So catch up Pete. And so what I was saying
is the method itself may, whatever method you're performing may be protectable, but if it can be,
if it can be done exclusively by a human being, you'll never get a patent on it.
Okay. All right. The way that patentable subject matter works for a method is if it's done
without computers, without software, it can be performed exclusively by a human being.
The United States patent trademark office will reject it as unpatentable subject matter,
saying that it's not fair that you obtain a legal right to something that human beings can do or
have been doing, you know, without machines, without any level of novelty. So what you need
to do or what an individual needs to do is they need to look at the method and sit down with a
patent attorney and create a flow chart. Okay. A flow chart's created and in the flow chart,
you list every step, step number one, step number two, step number three, step number four,
what's done first, second, third, fourth, fifth, and you give that to the patent attorney.
Now the patent attorney looks at that and they go, okay, for step number two, please describe
that in way more detail so I understand all the parts of that. And then they'll take notes on it.
Then they'll make an assessment as to what
whether or not they believe it's patentable subject matter.
But in the digital arena,
I've gotten patents for all sorts of things.
I've also destroyed patents
for people that never should have gotten them.
I was just in a litigation five years ago,
destroyed a patent from a company.
If you look up the case Palomar versus MRSI,
I was lead counsel in that case.
And we won on an argument that I made
in federal district court in Massachusetts.
And the reason why was because they owned a patent
that essentially said,
if you take something and move it from point A to point B,
and then move it from point B to point C,
you're infringing their patent.
All right.
It was for a manufacturing machine for microchips.
But the claims didn't mention microchips.
It didn't mention anything about anything mechanical.
So the claims technically,
when I opened up my arguments in front of the judge,
I said, your honor,
if you'd please take your right hand
and pick up the pen in front of you.
Now, can you move it in front of you?
Yes. Okay, great.
Now, can you take your left hand,
grab that pen and move it to your left side?
Can you do that?
Yes.
You just infringed their patent,
just letting you know they're gonna be suing you tomorrow.
Like literally that woke him up.
He's like, what are you talking about?
Because that's how broad the claims were.
So what I'm saying,
why I'm saying all this is because in your method,
if it can be performed by a human being
and there's no electrical component,
there's no software component,
it's purely a human being could perform that action
without a machine,
good luck ever getting a patent.
It's just, it's very difficult right now.
The United States Patent and Trademark Office is against it
and the courts are against it.
So, but since you said digital,
there has to be something electrical associated with it.
It can't just purely be a method.
There must be more than a human being involved.
And so going back to my question,
which thanks for all that information
and going back to my actual question,
the, of this specific program,
the protection portal, the members portal,
the whole thing,
like that little umbrella that you created
under which these exist or something,
is that something that you've been able to patent?
To patent that?
What I've done is I've used trademarks and copyrights
to make it pretty much bulletproof.
If anybody touches it, they're gonna get in trouble.
Would I patent it?
I don't think so.
I think it's a waste of money.
I mean, in my opinion,
in my situation,
no, because there's a human being speaking,
I'm using different software programs that already exist.
I've created something unique that doesn't exist,
but the human being is actually doing those parts.
So if anybody uses any part of it,
they'd infringe my IP already.
Like if you use the name protection portal,
you're infringing my IP.
You copy my videos, you're infringing my IP.
Use my pictures for day one VIP,
you're infringing my IP.
You take my flow charts, you're infringing my IP.
You download anything, you're infringing.
And I've litigate and I've never lost.
So there's no reason for me to file a patent.
But it's a really good question.
I just don't think in my situation
that a patent would work at all
because the whole package,
the whole package,
man, now you got me thinking, Catherine.
I noticed that.
I love that.
She's got your will.
Something just switched.
Like literally inside of me,
something just switched.
She's like, wait, let's map this.
All right.
So if I were going to draft a patent on this,
a method for doing business,
utilizing an educational platform,
method for doing business,
system and method.
Is it replicatable?
Method for training, what?
Is it replicatable?
Oh yeah, definitely.
Yeah.
I mean, like without needing to see anything,
isn't that one of the parameters?
Like if someone-
Wait, hold on, don't, hold on.
Let me just, let me just go in the lawyer mode here for,
if you guys don't mind,
I'm just trying to answer Catherine's question.
So system and method
for training
individuals on a subject matter,
utilizing an online educational system.
It would be hard, but it's possible.
I've gotten more difficult patents issued.
It'd be hard, but it'd be possible.
Now, would I be able to get the patent?
Probably not because people have been running challenges before.
This isn't the first time somebody's run a challenge, right?
So the uniqueness in my case would be the subject matter.
But you can't really, the chances of getting a patent specific
to the subject matter are kind of low.
I mean, it's possible.
I'm up for a challenge.
Yeah. I can't, I can't hear you, you're muted.
Sorry. And that was one of the reasons that I was asking
because there are some subject matters that are kind of more rare than others.
For instance, doing something where somebody is teaching people
how to become a life coach, a realtor,
how to, teaching people how to sell stuff on Amazon,
things like that, there are way more.
IP, like there's only a handful of y'all.
And some of the software stuff that we do,
I mean, there's like very, very few.
Right, right.
I see what would end up happening.
So that's why I was asking.
It's a great question, Catherine.
I think it's going to break down to whether or not
having the subject matter of the training
within the claims of the patent makes it patentable, right?
Because it's very subject matter specific.
So if you're a coach, the specific things that you're doing as a coach,
if you're an IP attorney, the specific things you're doing as an IP attorney,
if you create, what I would say is start out with the flow chart.
If you create the flow chart first, bring that flow chart to a lawyer,
a patent attorney, and say, these are the steps in my process.
I start out by doing this, then adding that, then adding that,
and then ask them, can you do an assessment
and tell me whether or not this is patentable?
Because it's going to be very specific to what's in the flow chart.
So that's the way I would do it.
But you got me thinking.
That was very interesting.
So yeah, when I mentioned that I haven't lost, that's by the grace of God.
There's no way anybody's that good.
That's God's favor.
It's his favor.
So all right, I'll take one more question because it's already 926.
I'll take one more question if somebody has one.
Otherwise, I'm going to close.
So tomorrow is going to be our last day.
I'll be announcing how to get the, oh, Rae, you already sent out the feedback form?
I'm working on something with Kareem on that,
but I can drop a link here if you're ready.
Yeah, yeah, that would be easy for them.
Yeah, that would be easy for them.
So your ticket to obtain the video on how
to do a trademark search for logos is a filled out feedback form.
So you fill out the form.
You send it in.
I send you the video that's on how to do a trademark for logos, all right?
How to do a trademark search for logos, OK?
That tends to be, basically, it's giving you
a thanks for giving the form back.
And with that, I think I'm going to, oh.
It's a don't miss bonus, guys.
This is fire.
You're going to love it.
Yeah, because most people don't know, if you're looking up the Nike swoosh,
how in the world do you look up a Nike swoosh in a word search?
Most people can't figure out how to do that.
So there's a pretty cool way to do it.
And so we go through it in the video.
I created a separate resource with that.
And so all you have to do is send back the feedback form.
Then we send you the email with the link to the actual way to search it.
And then you'll have that.
Carrie, what's up?
We probably can't really go into it just because it's too detailed.
But I was trying to look up one of my names on the patent thing
on the trademark site.
And as I put it all in, I put the three words that are in there.
And I put the and as the connector.
And it still was just full of a big, long list.
But none of them had anything to do with what I just put in there.
And so I
I don't know if those words are embedded somewhere
in the application, if then it comes up.
I don't know, it's probably there's,
I don't really know what I'm asking.
Are you selecting the field for the word
or are you just searching the word with no field specified?
Maybe I didn't have the field specified.
Yeah, look at the field.
Right, that's the second one down on the left.
Yeah, it's on the right side, so when you click,
and when we go into the portal,
you'll see like in there, we'll do it live.
And so you'll see, and I'll explain what each one means
one by one by one, because there's a lot of options there.
But what you want to select is the non-punctuated mark.
Actually, I did do that.
Okay, so you did select that.
Yes, and it still was this long, long list
of things that none of them said what I was looking for.
So did you choose the first word
and the second word of the mark?
So let's say the mark is like Microsoft Word.
You put in Microsoft at the top,
selected non-punctuated mark
and word non-punctuated mark, and then you did the search.
I put all three words in the one field.
Oh, you can't do that.
Okay, so that was, right.
So this is the problem with their system
is that then it looks for any one of the words
and then it just spits everything out.
It was a mess, it was a mess, okay.
Oh, I know, I've run into that.
So what you want to do when I search that tool
is I type in the first word,
then I personally select non-punctuated mark.
And then I probably type in the second word
in the next field.
And then I select non-punctuated mark
and then I do the search and then I get really good results.
And can you do three?
Can you have three fields?
Only two.
All right, well, that helps.
But two is better than one
because when you do one, you get a lot of results.
Right, yeah.
Could you imagine if you were looking for Microsoft Word
and you typed in the word word,
can you imagine how many results you would get?
It'd just be insane.
So, all right, I think that is enough for today.
You guys are sponges.
It's very clear.
You soak up a lot of material.
I feel like I'm giving birth to like IP attorneys.
It's amazing.
So I'm going to let you go.
Bless you guys.
Have an incredible evening.
Hope to see you tomorrow.
Take advantage of the portal.
I'm telling you, you're going to need it.
Everybody ends up running into this.
But obviously you have to make an assessment for yourself.
And if you have questions, just let me know.
I'm here for you.
I'd love to continue serving you
and I'll see you guys tomorrow.
I'll leave you with Larissa.
And Ray and Larissa,
I don't think we need to do a summary call tonight.
We'll just pick up tomorrow, okay?
Okay.
All right, catch you later.
Bless you guys.