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Welcome, everybody, to December 2022, the last Protection Portal session for the year.

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So we're going to go out with a bang. This has been an incredible year for a lot of us.

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There's been a lot of transformation going on. I've been kind of looking back at notes

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on different questions from different people and looking where you were a year ago and

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where you are now. And I gotta say, I'm impressed with you guys, because, you know, when I started

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this out, it was really intended to give guidance along the way. And I didn't know people were

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going to be well, I guess we kind of felt it was going to happen. But people really

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accelerated very fast. And a lot of people also, you might be thinking, well, I don't

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feel like I move really fast. But there's a lot of clarity that a lot of people receive

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during the year as well. And so I wouldn't be surprised if there's some major shifting

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that's happened. And now you guys should be positioned in the right place to move forward.

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Now, a lot of people took the last offer. I think it was like 17 people took the last

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offer, which is I mean, it was it was a good idea. And we're kind of in the mix of going

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through the offers one by one. And what I'm finding, I want to give you kind of a one

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minute overview of what I'm finding is happening. Because it's while you're coming in, for those

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of you who are who are doing the offer, and we're going to have that session, where you're

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coming in intending to focused on like just business, I'm finding that more is happening.

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What I mean by that is people are getting clarity on like, names of corporations are

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like popping up in the middle of the meetings. I mean, we just had a session yesterday, where

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a company had been using a certain name found out that there was an issue a pretty major

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issue. Who is this? I don't know who that was. They disappeared. Somebody tried to log

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in under a strange name that I've never seen before. So I don't know what that was about.

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Ray, I'm going to give you a co host ability. Okay, so that you can watch for people logging

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in. Yeah, so I can focus. And so they've been using a certain name for a few years.

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And just out of a whim, I said, you know, let me do a quick search for you. Now, did a search found

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out another company have been using the same name for many years prior had a federal registration

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wasn't good. And then we spend some time breaking down what the company is all about. So I'm going

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to take one minute and kind of show you how you come up with a name for a company, or a product

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or service. Okay, let me show you like what was revealed to me during the process. This was not

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intended at all. That's this was not the focus of the meeting. It just happened. And then I thought,

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wow, that makes a lot of sense, Lord. So just kind of sharing that with all of you. So for any of you

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that are kind of stuck, going, I can't come up with a new name for a product or service. How many

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people are doing that, like right now trying to come up with a name. Alright, so there's some of

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you that are in that situation. It's and just just to comfort you. This is probably the most difficult

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area of IP. Okay, like, if you put a number of engineers like myself, a bunch of geeks in a room,

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we'll come up with an invention. Right? It's just, I don't know what happens. Like, you know,

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so for some reason, we just come up with inventions, it just happens.

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But there it is, again, I don't know who Google is. I don't know, right? Can you check and see

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if I'm looking? Alright, thanks. So, you know, invention is not a problem. But there's only so

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many letters in the alphabet. There's only so many words in the in the in the English language.

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Right. And even if you come up with a foreign word, some of you may not know this,

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even if you come up with a foreign word, that means the English word. Well,

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when the United States Patent and Trademark Office looks it up, what they do is they look

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for the English equivalent. So you may be thinking to yourself, well, I believe that this is,

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you know, that this is clear, because it's the, it's the Spanish word for such and such. Well,

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in the US, what they're going to do is they're going to look up that same word.

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Ray, do you know who that is? g.el? I don't, I was actually going to message them and ask them

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their name to verify that they're a portal member. But because the only way to check out who they are

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is to admit them. So yeah, because I don't recognize the name. So if you don't get a

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response within a minute, actually, you should normally be able to message people and you're

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waiting.

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room if you're holding a waiting room? Because I've had to do

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that. Oh, well, just so you know, sorry, I don't have a

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waiting room, then you can't do that. It's Angelica. Okay,

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perfect. Nobody knows who GEL is. Thank you, Angelica. Thank

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you. All right. We thought you were NASA or like, you know,

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some kind of government facility trying to spy, you know, just

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want to make sure, you know, so welcome. All right. So so these

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are the things that I look at. All right. This is what was

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revealed. The first one is to take the aspects of who you are

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and what your company is trying to do, and write them down.

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Alright, but only use three words for each characteristic. I

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don't know why three don't ask me I have no idea. But this is

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what was being revealed was like take so let's say that you're

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working with children and you're training the children in let's

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say, education on I can't say what we're talking about, right?

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So let's say we're teaching on education on volcanoes, right?

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And so you're just trying to train them right with without

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hands on experience, hopefully. So let's say that's, that's what

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you're doing. That would be a different religion. So um, so

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this is what you would do. So you would say, so let's say,

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like visual, let's say, viewing, visual beauty or something like

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that, like just find three words that define what your

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business is doing, or what your service is doing, what your

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product is doing, okay? There's a difference between a product, a

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service, and a good. So I would actually take it one step

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further, I would determine is this name for your company? Is

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it for your service? Or is it for your good? That's number

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one. So step number one, Ray, write these down too, because I

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want to put this on a form, please, that I could post in the

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Facebook group. So if anybody misses anything, we can share

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it. So number one is determined, is this for my company in

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general? Is it for a good or is it for a service? That's number

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one. Now I know what it's for. So now I go to step number two,

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number two is defining the characteristics of this

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corporation or this good or this service. All right, and use

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three words, and it can be multiple ones of them, right? So

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it can be like exposure to volcanoes or meeting with such

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and such, whatever it is, just three words, three words, three

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words, three words. Now, I think, I'm not sure, but I think

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maybe part of the reason why three words is being used is

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because you're going to have to think as you're trying to take

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that that characteristic and change that long characteristic

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description of like a sentence into three words. So you're

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going to be in the process, this is just coming to me now, you're

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going to be in the process of redefining what an entire

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sentence means into three words. So you're already going to be

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putting yourself in the mode of coming up with names, but you're

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not going to come up with a single word, you're going to be

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taking that, that characteristic, and you're going

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to be turning it into three words. So three words, three

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words, three words. All right. So you might be let's say it's a

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product that's allowing people to sleep better. Right? So you

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might you might write down natural remedy, inexpensive, as

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a second characteristic, third one might be appealing color,

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packaging with appealing color or packaging appealing color,

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something like that. So you're writing down the characteristics

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one after the other, and then you're going to sit with that

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and look at that. And you're praying over that. Because now

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what you've done is you've blocked it out into the

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characteristics. And now that you see the characteristics,

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it's almost like it's taking shape. It's like it's gone from

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this elongated description, you know, paragraph, paragraph,

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paragraph, which some of you haven't even done yet. Some of

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you have like a product, but you haven't even written down the

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characteristics of the product. You just kind of saying, well,

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I've got a product. And the product does it helps people

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sleep, I need a name, you're too far away from it. Like now, can

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God give you a dream? Absolutely. That's happened to

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me before all of a sudden, boom, andrelic encounter dreams

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downloaded, boom, we're ready to go. All right, if you've tried

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that path, and you haven't gotten anywhere yet, I suggest

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you go down this path. Number one, company, product or

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service. Number two, take an elongated description, turn them

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into three word sent three word phrases. Now number three,

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you're going to sit on that and you're going to look at that

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those are the characteristics of what you're bringing forward.

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That's a breakdown of exactly what you're bringing forward. So

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now you're in the realm of of delivery to to third parties

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already. Okay, it's no longer like

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I need a name for a product to let me sleep. You've gotten way closer in. Now what you're

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going to do as you're praying, you're looking over those characteristics, words are going to

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come to you that define those groups of characteristics. And that is going to be

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where you come up with your name. So it's no longer like starting out with, I need a product

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I have a product that helps people sleep. How about sleep more? Well, that's kind of

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descriptive, right? So for trademarks, you can't get a federal registration for something that's

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merely descriptive. We've talked about that. So some of the meetings that I've had,

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people are proposing trademarks that are merely descriptive. Some people are already using

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trademarks for two or three years that are descriptive. And they want to be able to use

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those names exclusively. And guess what happens on the search? I go online, I start searching,

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and I find like 10, 15 other companies using the exact same name. All right. Why? Because

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it's descriptive. If it's descriptive, you can't use it. You can't use it. You can't hold on to

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that name. Okay. So with that, does that help that top level breakdown so far? Is anything

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confusing about that? Okay. All right. That is, what's that going to do is going to take you out

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from looking out at the universe and going, oh my gosh, I don't know what to do to bring it in.

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You're going to be highlighting the characteristics. And what you're going to find also,

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if you have a very good closeness with the Lord, is that you're going to see the characteristics

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that you're writing down are, they're aligned with what he's trying to do with your service

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or your product or your good. All right. That's what's going to happen is all of a sudden,

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you're going to kind of see this stuff. I don't mean to get just too spiritual here for some,

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you're probably going, why are we so spiritual in this? It's like, there's any product or service

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or good that you're, or a company that you're bringing forward, there's a message behind it.

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You did it for a reason. I mean, do you do it to make money? Yeah, absolutely. We do things to

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make money, but there's typically a message. There's typically something that's coming forward.

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And here's the thing, what most people don't realize, and I've been doing this a long time,

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I've been selling services for a long time, guys. And just because of the grace of God, I've been

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in the top one or two as client originators in different firms. And it's not me, I'm pretty

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sure it's God. I know it's God, but because it's not possible. I mean, to be in a group of 60

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something lawyers and be number one continuously, it's not possible. So, but one thing that I find

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is if you can determine what are the giftings that you have and how those giftings relate to

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the consumer, then you can come out with a really good package, like a really good description in a

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name. And then what will happen is that the name will provide a message to the public and it'll

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make them engaged. Now, let me tell you an exception to this rule. If you come up with your own name,

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all right? So, I created a name a while ago that nobody ever heard of, it's called Fashir.

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Nobody has a clue what it means. No, like zero clue, right? That's a made up name.

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So, when you're coming up with made up names, just so you know,

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I didn't know I was going to go here, but I'm going to take one minute because some of you

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must be doing this right now, trying to create your own names, because I did not intend to

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talk about this. So, if you're trying to create a name, meaning using

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vowels and consonants to create a word that nobody has ever used before, okay?

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Number one, congratulations, you've chosen the more difficult path. Congratulations.

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But it can be a very good thing and let me tell you why. If you create your own original name,

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nobody else is going to have it. That's amazing. But number two, just remember is now you have to

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build a following, all right? So, it may be more difficult in the beginning. If you create your own

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name, it may be more difficult for you to start a following. Don't be discouraged, all right? Don't

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be discouraged. Like if you come up with the name Fashir and you're like, oh, this is great. I'm

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going to call all of my jackets for all my windbreakers and I'll call it Fashir, right?

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And so, you're like, oh, what? Like,

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Nobody ever heard of that name before.

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And so don't be surprised, number one,

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just remember it's not descriptive, perfect.

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That means I passed every single test.

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It's not gonna infringe on anything

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because I created it from scratch.

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I don't have to worry about that.

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It's not, other people aren't gonna infringe upon it yet

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because I created it from scratch.

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It's not descriptive because I created it from scratch.

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So these are the beauties of having an original name.

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The tricky part of having an original name

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is now you've got to build a following.

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So don't be surprised that when you bring a product out,

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like these are windbreakers called Fashir,

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and all of a sudden people are going, what's that?

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Like, don't be surprised.

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It just means you're gonna spend a little more time

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on the marketing side, the building of the brand.

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And this is when it becomes really important

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when you have your first customers

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to get testimonies immediately.

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You gotta jump in the testimonies immediately.

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You get your pictures of the person with the logo

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or with the trademark on the jersey or whatever it is,

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or the shirt, or the cup, or the mug, or whatever,

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immediately, and you're starting to push it

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and push it and push it, and you're pushing the name, right?

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And then you get testimonies and you push the name,

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you push the name.

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Because you have to do more in the area of branding

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when you have an original name

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than if you're using names that kind of are,

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suggestive.

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Remember, the most powerful trademarks that are out there

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are called suggestive trademarks.

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With that, the difference between a suggestive,

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and Jennifer, I'll get to you in a second.

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The difference between a suggestive trademark

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and a descriptive trademark is that a descriptive trademark

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is you need those words to describe the good of services.

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So it's a red door, and I try to own the name Red Door.

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That's descriptive of the door.

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It can't do that, right?

223
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But what's another, I'm trying to think of a-

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I think maybe that's my question.

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I was thinking even like Tylenol P, Tylenol PM.

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Let me continue the thought.

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I don't want to lose the train of thought, hold on.

228
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I'm trying to think of another way to suggest the color red

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without using the word blood,

230
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because bloody door is probably a bad trademark, right?

231
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So we're not going there.

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So how about like, I don't know, Rose Door,

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or like Sunset Door,

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or something that makes you think of the color

235
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without saying the color, right?

236
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Well, rouge is the color itself.

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So that's not, so the way,

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the reason why suggestive trademarks are the best

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is because they make you think of a characteristic

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that you want, or that the object has

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without saying the word itself.

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That's what a suggestive thing is, okay?

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That's why suggestive trademarks are the absolute best,

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but descriptive is saying it's a red door,

245
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or it's a rouge door, or it's a maroon door.

246
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Jennifer, go ahead, go ahead.

247
00:18:08.100 --> 00:18:09.500
Yeah, you might've just answered this.

248
00:18:09.500 --> 00:18:11.820
I was just thinking about like Tylenol PM,

249
00:18:11.820 --> 00:18:14.180
or whatever it is, Advil PM, right?

250
00:18:14.180 --> 00:18:17.020
Like when you were saying about sleep more,

251
00:18:17.020 --> 00:18:21.020
like PM implies this is for nighttime,

252
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it's not the morning, or at least it's afternoon.

253
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And I guess that was my question.

254
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Even though PM is a,

255
00:18:28.580 --> 00:18:30.460
like it's how we use to tell time,

256
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can they use that?

257
00:18:33.380 --> 00:18:35.820
Or like using words that are common words,

258
00:18:35.820 --> 00:18:37.740
like you can't trademark PM.

259
00:18:37.740 --> 00:18:39.020
Yeah, so let me answer your question.

260
00:18:39.020 --> 00:18:40.500
So that's a great question.

261
00:18:40.500 --> 00:18:45.500
So is PM a description of the product itself?

262
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That's the way it would come down to, right?

263
00:18:50.340 --> 00:18:51.900
So technically it's not,

264
00:18:51.900 --> 00:18:55.380
you're not describing the product by saying PM.

265
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And Tylenol PM is not something

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that you can only take in the afternoon.

267
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You can take it in the morning.

268
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You can take it whenever you want.

269
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So the product itself,

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if you put that product in your mouth,

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it doesn't go, eh, because it's 8 a.m.

272
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Like it doesn't, and it doesn't like not work at 8 a.m.

273
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It works literally at any time.

274
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So therefore, Tylenol PM is a perfect name

275
00:19:19.660 --> 00:19:23.620
because it suggests, it's suggestive of sleeping, right?

276
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Because PM is when you go to bed late or like,

277
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but it's not really descriptive of the product

278
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because you might want to sleep, you know,

279
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any time of the day or night.

280
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It doesn't have to be, it doesn't have to be PM.

281
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Miguel, go ahead.

282
00:19:42.420 --> 00:19:43.260
Hey, brother.

283
00:19:43.260 --> 00:19:45.460
I put it in the chat and Ray said to ask the question,

284
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but yeah, let me go back.

285
00:19:47.700 --> 00:19:48.820
So what I asked you is like,

286
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I've seen a lot of companies use, say sleep better,

287
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and then they combine the words like sleep better

288
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in one word.

289
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I'm just asking like, when you combine words,

290
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does it bypass the whole descriptive?

291
00:20:00.000 --> 00:20:01.360
You know, great question.

292
00:20:01.360 --> 00:20:02.960
And we ran into this yesterday.

293
00:20:02.960 --> 00:20:07.200
That's your question is exactly what happened yesterday.

294
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And the answer is no.

295
00:20:09.000 --> 00:20:13.000
So you can't take something that's descriptive

296
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and try to get a federal registration

297
00:20:15.600 --> 00:20:19.080
for that descriptive term just because you add one word.

298
00:20:19.080 --> 00:20:21.320
But let me explain to you how.

299
00:20:21.320 --> 00:20:23.800
I'm going to give you a qualifier on that, all right?

300
00:20:23.800 --> 00:20:29.000
So let's say the name is like Microsoft Great Software,

301
00:20:29.000 --> 00:20:29.880
right?

302
00:20:30.360 --> 00:20:34.360
Now, if they tried to file for Microsoft Great Software,

303
00:20:34.360 --> 00:20:38.680
what would happen is they would get a rejection.

304
00:20:38.680 --> 00:20:41.160
And in the rejection, the United States Patent and Trademark

305
00:20:41.160 --> 00:20:44.240
Office would say, we're going to give you

306
00:20:44.240 --> 00:20:46.680
a registration for Microsoft Great Software,

307
00:20:46.680 --> 00:20:50.320
but you don't own the words Great Software.

308
00:20:50.320 --> 00:20:52.200
That's the way it would play out.

309
00:20:52.200 --> 00:20:54.000
So what they essentially would be doing

310
00:20:54.000 --> 00:20:57.040
is they would get a trademark for Microsoft Great Software.

311
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And if anybody used the terms Great Software,

312
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they could never stop them.

313
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So you could actually get a federal registration

314
00:21:04.120 --> 00:21:05.920
using descriptive words, but there

315
00:21:05.920 --> 00:21:10.640
has to be something that is not descriptive in that trademark.

316
00:21:10.640 --> 00:21:18.680
So let's say like Nike, run fast, or Nike, less pain.

317
00:21:18.680 --> 00:21:22.680
So foot pain gone, something like that.

318
00:21:22.680 --> 00:21:23.600
That's descriptive.

319
00:21:23.600 --> 00:21:27.160
Foot pain gone is descriptive of what the sneakers do.

320
00:21:27.160 --> 00:21:29.520
So therefore, you can't own foot pain gone,

321
00:21:29.520 --> 00:21:34.120
but you can get a registration for the slogan Nike foot pain

322
00:21:34.120 --> 00:21:38.200
gone because the word Nike is unique, and you can own that.

323
00:21:38.200 --> 00:21:40.480
But what's going to happen is the United States Patent

324
00:21:40.480 --> 00:21:43.480
and Trademark Office is going to give you a rejection first.

325
00:21:43.480 --> 00:21:45.440
And in the rejection, they're going

326
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to say you have to file a disclaimer to the words foot

327
00:21:49.920 --> 00:21:53.640
pain gone because you can't own the words foot pain gone.

328
00:21:53.640 --> 00:21:56.920
Now, what does that mean for all of you?

329
00:21:57.080 --> 00:22:00.720
That means that you may have hurt yourself

330
00:22:00.720 --> 00:22:04.720
because if there are five words in your slogan,

331
00:22:04.720 --> 00:22:10.320
and only one of those five words you can own, what that means

332
00:22:10.320 --> 00:22:14.320
is that you just tried to get, you just

333
00:22:14.320 --> 00:22:16.840
obtained a federal registration for five words of which

334
00:22:16.840 --> 00:22:19.320
one word can be owned.

335
00:22:19.320 --> 00:22:21.440
So if anybody uses the other four words,

336
00:22:21.440 --> 00:22:22.800
you can't do anything.

337
00:22:22.800 --> 00:22:24.800
And the chances of you stopping somebody

338
00:22:24.800 --> 00:22:28.160
from using one of the five words

339
00:22:28.160 --> 00:22:31.560
is very low because your trademark is not

340
00:22:31.560 --> 00:22:32.600
the one word alone.

341
00:22:32.600 --> 00:22:35.000
So let's imagine for a moment as an example.

342
00:22:35.000 --> 00:22:37.680
This is really helpful, deep stuff.

343
00:22:37.680 --> 00:22:39.960
So I'm just going to walk into this.

344
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Let's say Microsoft got a federal registration

345
00:22:42.360 --> 00:22:48.000
for Microsoft make computers better, right?

346
00:22:48.000 --> 00:22:50.880
Or let's say that's what they got, make computers better.

347
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Or software for computers.

348
00:22:54.360 --> 00:22:55.920
Microsoft software for computers.

349
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That's going to get rejected immediately.

350
00:22:58.720 --> 00:23:00.640
They're going to have to file a disclaimer,

351
00:23:00.640 --> 00:23:05.320
says that they do not own software for computers, right?

352
00:23:05.320 --> 00:23:08.920
Now, that means that their federal registration is

353
00:23:08.920 --> 00:23:13.560
actually for Microsoft software for computers.

354
00:23:13.560 --> 00:23:18.040
So if somebody else uses the name Microsoft alone,

355
00:23:18.040 --> 00:23:20.560
Microsoft is going to have a hard time enforcing

356
00:23:20.560 --> 00:23:23.560
their trademark, which is Microsoft software

357
00:23:23.560 --> 00:23:25.640
for computers, because the other person is only

358
00:23:25.640 --> 00:23:28.120
using the name Microsoft.

359
00:23:28.120 --> 00:23:30.280
They're not using software for computers.

360
00:23:30.280 --> 00:23:31.760
So you may be thinking to yourself,

361
00:23:31.760 --> 00:23:34.960
well, maybe I can add more words to add something

362
00:23:34.960 --> 00:23:38.360
descriptive to my distinctive term

363
00:23:38.360 --> 00:23:40.560
for my products or services.

364
00:23:40.560 --> 00:23:42.360
Maybe I'll do that.

365
00:23:42.360 --> 00:23:44.600
I wouldn't do that.

366
00:23:44.600 --> 00:23:47.840
The reason why is because what you can do

367
00:23:47.840 --> 00:23:51.920
is you can end up using words that you don't own

368
00:23:51.920 --> 00:23:53.920
in your slogan, and then if somebody

369
00:23:53.920 --> 00:23:56.920
uses the one word you do care about,

370
00:23:56.920 --> 00:24:01.040
they may not infringe because it's only one of five words.

371
00:24:01.040 --> 00:24:03.320
Do you guys follow me on that?

372
00:24:03.320 --> 00:24:05.240
It's pretty deep what I just walked you into,

373
00:24:05.240 --> 00:24:07.560
but that's a real-life situation.

374
00:24:07.560 --> 00:24:10.800
So people, what they do is they have the name Microsoft.

375
00:24:10.800 --> 00:24:12.680
Then they go, love the name, but I

376
00:24:12.680 --> 00:24:14.080
want to make sure people understand

377
00:24:14.080 --> 00:24:15.080
what this is all about.

378
00:24:15.080 --> 00:24:19.680
So Microsoft, making computers run better.

379
00:24:19.720 --> 00:24:21.800
That's the trademark.

380
00:24:21.800 --> 00:24:23.600
So now they get their federal registration.

381
00:24:23.600 --> 00:24:28.560
They have to file the disclaimer on making computers run better.

382
00:24:28.560 --> 00:24:31.200
Now somebody, Bonnie is really clever.

383
00:24:31.200 --> 00:24:33.880
She sees it, and she goes, I like the name Microsoft.

384
00:24:33.880 --> 00:24:35.720
I'm going to use that on my app.

385
00:24:35.720 --> 00:24:37.720
Now Microsoft tries to sue her, and she says,

386
00:24:37.720 --> 00:24:39.320
I'm not using your five words.

387
00:24:39.320 --> 00:24:40.280
I'm using one word.

388
00:24:40.280 --> 00:24:43.120
You don't own that one word.

389
00:24:43.120 --> 00:24:44.040
Do you see what I mean?

390
00:24:44.040 --> 00:24:46.040
So now it's a litigation situation

391
00:24:46.040 --> 00:24:49.920
because Microsoft tried to add an impression that

392
00:24:49.920 --> 00:24:53.480
was descriptive to an actual trademark.

393
00:24:53.480 --> 00:24:56.400
It would have been better if they just filed for Microsoft

394
00:24:56.400 --> 00:24:57.640
and did it for software.

395
00:24:57.640 --> 00:25:01.160
Then if somebody uses Microsoft with anything.

396
00:25:00.000 --> 00:25:04.620
thing, they can stop them. Way more powerful. Trademarks are

397
00:25:04.620 --> 00:25:08.820
more powerful when they're shorter. The longer you make a

398
00:25:08.820 --> 00:25:13.740
trademark, the harder it is to enforce. If you've got like, you

399
00:25:13.740 --> 00:25:18.360
know, you look at Nike, just do it. Right? Let's say somebody

400
00:25:18.360 --> 00:25:23.100
owns, just doing. That's, you know, somebody might say, well,

401
00:25:23.100 --> 00:25:25.980
there's, there may be a likelihood of confusion, just do

402
00:25:25.980 --> 00:25:29.760
it just doing, you know, it's they're both three syllables,

403
00:25:29.820 --> 00:25:36.160
both have just and doing it. One has it one is ing. So there's a

404
00:25:36.160 --> 00:25:39.740
likelihood of confusion argument that'll be made. But if, if the

405
00:25:39.740 --> 00:25:43.560
name's Nike, you type Nike, somebody else's use Nike, that's

406
00:25:43.560 --> 00:25:47.780
clearly infringement done. You see the difference? It's so much

407
00:25:47.780 --> 00:25:52.000
more clear. It's good. It's absolute. So just be careful. I

408
00:25:52.000 --> 00:25:54.860
would do like what Jennifer was saying go with like suggestive

409
00:25:54.860 --> 00:25:59.540
don't go with descriptive. If you go descriptive, it's gonna

410
00:25:59.540 --> 00:26:01.820
get rejected, it's gonna be hard to get out, you're gonna waste

411
00:26:01.820 --> 00:26:05.740
money, you're gonna waste time. And some of the ones that some

412
00:26:05.740 --> 00:26:10.300
of the meetings I've been having in this audit, people are using

413
00:26:10.300 --> 00:26:13.980
descriptive trademarks. And we've had to like, like one of

414
00:26:13.980 --> 00:26:17.300
the meetings that we just had, they're completely redoing their

415
00:26:17.300 --> 00:26:21.420
entire line. Now that means website, products, services,

416
00:26:21.420 --> 00:26:24.660
like everything, right, they have a software package, they're

417
00:26:24.660 --> 00:26:29.180
redoing that as well. Now, just to take one minute here, you

418
00:26:29.180 --> 00:26:33.300
don't have to change, you could use something descriptive, just

419
00:26:33.300 --> 00:26:36.380
realize you're not going to be able to stop others. That's all.

420
00:26:37.740 --> 00:26:40.340
So just just keep that in mind that that's the thing for you

421
00:26:40.340 --> 00:26:43.640
think about. If you want to use something descriptive, more power

422
00:26:43.640 --> 00:26:48.060
to you, but you're gonna have to be the one company that's using

423
00:26:48.060 --> 00:26:53.820
that descriptive phrase. And everybody can think of only you

424
00:26:53.980 --> 00:26:59.340
when that term when that term is used. And maybe you can do that.

425
00:26:59.340 --> 00:27:04.100
Like maybe, you know, maybe you say the fast software company,

426
00:27:04.700 --> 00:27:07.620
you know, like, let's say that your company creates software,

427
00:27:07.620 --> 00:27:10.580
and the software that you create, makes computers work

428
00:27:10.580 --> 00:27:13.860
faster, using the same tools that they already have, there's

429
00:27:13.860 --> 00:27:18.220
the same ASICs, the same, you know, the same printed circuit

430
00:27:18.220 --> 00:27:21.940
board, the same heat sinks, the same fans, everything. But your

431
00:27:21.940 --> 00:27:25.680
software makes the computer work faster, for some reason, you

432
00:27:25.680 --> 00:27:29.900
came up with some creative, logical loops that are making

433
00:27:30.140 --> 00:27:34.180
the computer systems work faster. So you say, the fast

434
00:27:34.180 --> 00:27:38.460
software company, or like the, yeah, the faster computer

435
00:27:38.460 --> 00:27:42.460
software, or whatever it is. And, you know, everybody sees

436
00:27:42.460 --> 00:27:44.780
this as well, that's really descriptive, but nobody's really

437
00:27:44.860 --> 00:27:48.820
use those words, like that, even though it is descriptive. So you

438
00:27:48.820 --> 00:27:51.900
start hitting the market, and you're flooding the market. And

439
00:27:51.900 --> 00:27:54.380
you're out there with a fast software company with a fast

440
00:27:54.380 --> 00:27:56.900
software company with a fast software company. And everybody

441
00:27:56.900 --> 00:27:59.920
is going, but hold it, that's not fair. Like Miguel's using a

442
00:27:59.920 --> 00:28:02.780
name that's descriptive, his software makes it faster. The

443
00:28:02.780 --> 00:28:05.060
USPTO is like, no, we're not going to give them the federal

444
00:28:05.060 --> 00:28:08.380
registration. But everybody in the market knows Miguel's

445
00:28:08.380 --> 00:28:12.940
company now as the fast software company. So you may

446
00:28:12.940 --> 00:28:17.140
actually have a situation and I have clients who have done this

447
00:28:17.500 --> 00:28:21.900
brilliantly, have used a descriptive term and flooded

448
00:28:21.900 --> 00:28:26.180
the market, where everybody in a market now thinks of them only.

449
00:28:27.820 --> 00:28:31.820
Even though it's descriptive, it blows the mind, it's actually an

450
00:28:31.820 --> 00:28:35.900
incredibly brilliant marketing strategy. It's very hard to

451
00:28:35.900 --> 00:28:39.300
execute. Like if you're starting out, and you've never

452
00:28:39.300 --> 00:28:43.540
done this before, I would, I would not suggest this. Because

453
00:28:43.540 --> 00:28:47.820
it's very difficult. But it's a brilliant marketing strategy.

454
00:28:47.820 --> 00:28:51.140
Now, all of a sudden, everybody's like, Oh, man, you

455
00:28:51.140 --> 00:28:54.340
know, I need software, dude, you need to talk to the fast

456
00:28:54.340 --> 00:28:57.300
software company. They're like, what? Well, which company is

457
00:28:57.300 --> 00:29:00.420
that? No, that's the name of it, the fast software company. No

458
00:29:00.420 --> 00:29:03.780
way. Yeah, that's the actual name, they go by that name. And

459
00:29:03.780 --> 00:29:05.980
they use a TM, even though they can't get a federal

460
00:29:05.980 --> 00:29:09.100
registration, they're still using a TM. It's like you're

461
00:29:09.100 --> 00:29:11.820
placing a public on notice that you're using your descriptive

462
00:29:11.820 --> 00:29:16.300
term in a trademark fashion. It's like, it's like trademark

463
00:29:16.340 --> 00:29:21.300
ninjutsu. Like it's crazy. And it, it works. But it's, it's

464
00:29:21.300 --> 00:29:24.180
brilliant. But it's very difficult to execute. You've

465
00:29:24.180 --> 00:29:28.060
got to have a, an incredible marketing team, a brilliant

466
00:29:28.060 --> 00:29:31.860
lawyer, and like, you've got to have a solid package, because

467
00:29:32.140 --> 00:29:36.180
when it works, it's a billion dollar brand. But it's hard to

468
00:29:36.180 --> 00:29:38.500
execute. So anyways, Miguel, that I just want to give you

469
00:29:38.500 --> 00:29:38.780
that.

470
00:29:39.460 --> 00:29:43.740
So, so Peter, great response. And, and head on. In the Red

471
00:29:43.740 --> 00:29:46.460
Door example, if you use Red Door manufacturing, you

472
00:29:46.460 --> 00:29:49.420
manufacture Red Doors, but you join the words Red Door

473
00:29:49.460 --> 00:29:52.300
together, does that make a difference if there's no space

474
00:29:52.300 --> 00:29:55.780
in between? So Red Door? Does that? Okay,

475
00:29:55.820 --> 00:29:58.100
great question. Doesn't matter.

476
00:29:58.100 --> 00:30:00.220
Like, you see it all the time, like

477
00:30:00.000 --> 00:30:06.880
like people joining words you know on on like sleep better in one word i always wondered is that

478
00:30:06.880 --> 00:30:10.960
can you trademark yeah it's a great it's a great question but it doesn't matter because

479
00:30:11.600 --> 00:30:16.880
i mean think of just do it right and somebody gets rid of the spaces guarantee you nike is

480
00:30:16.880 --> 00:30:22.960
going to sue you like they're like spaces are no spaces now arguably it looks a little different

481
00:30:22.960 --> 00:30:29.280
but it's still the same words you know the lack of a space is not enough it's not enough for

482
00:30:29.600 --> 00:30:33.840
they still see it as scripted if you find three words combined they still see it like you're

483
00:30:33.840 --> 00:30:38.480
trying to do the same yeah because they'll they'll look the uspto is just going to look

484
00:30:38.480 --> 00:30:43.200
at that and say yes it's the same thing it's not a new word it's the same thing just remove the

485
00:30:43.200 --> 00:30:48.880
spaces great thank you i mean i've seen people try to do that like take multiple words turn it

486
00:30:48.880 --> 00:30:57.360
into one word you know like um and what i've actually seen which is a little a little different

487
00:30:57.360 --> 00:31:04.480
is that they'll take parts of words and combine them right so instead of like the fast software

488
00:31:04.480 --> 00:31:17.520
company right they'll do t a a or they'll be like th aft swco you know and that's the new word

489
00:31:18.240 --> 00:31:23.120
and yeah at that point that's good right well well and that that's the question is that

490
00:31:23.120 --> 00:31:28.000
is that when you file it the uspto examiner is now going to look at that and say

491
00:31:28.880 --> 00:31:35.680
is that really close to the words that are descriptive right and so it just becomes it

492
00:31:35.680 --> 00:31:41.280
becomes a measurement or a discussion point with the examiner as to how close is that to the actual

493
00:31:42.000 --> 00:31:50.000
words or not like we're we're going really deep right now into how to define a product name

494
00:31:50.560 --> 00:31:56.960
a service a company what's going to get through the system what's not how do you create a new name

495
00:31:56.960 --> 00:32:02.720
how do you not like this is this is pretty deep but these are ways that people typically come up

496
00:32:02.720 --> 00:32:08.240
with a new name for a product or a service they'll do what you said miguel they'll take

497
00:32:08.240 --> 00:32:12.000
they'll take characteristics of words this is another way i'll give you one more then i'll

498
00:32:12.000 --> 00:32:17.600
answer jennifer's question so um another thing that they'll do is they'll take characteristics

499
00:32:17.600 --> 00:32:23.040
of the product or the service and they'll and they'll like after they write those out they'll

500
00:32:23.040 --> 00:32:29.200
take they'll take like parts of those characteristic like the characteristical words

501
00:32:29.200 --> 00:32:34.480
and they'll create a word right so um that's what they'll do they take a piece of this word piece

502
00:32:34.480 --> 00:32:39.040
of that word piece of that word they'll mix it together and that's your new new word and then

503
00:32:39.040 --> 00:32:44.000
when somebody says well how'd you come up with a name oh my inspiration was such and such but here's

504
00:32:44.000 --> 00:32:49.440
the thing when you get an office action from the examiner at the united states patent trademark

505
00:32:49.440 --> 00:32:59.760
office and they ask you how did you get that word it's it's just not a good idea to say well i just

506
00:32:59.760 --> 00:33:04.000
took the letters from the words that are descriptive and i put them together and came up

507
00:33:04.000 --> 00:33:12.080
with this it's it that can be a an argument that hurts you more than helps you so i in those cases

508
00:33:13.040 --> 00:33:18.640
um i mean i realize everybody here's honest so you're in kind of a bad place if you're in that

509
00:33:18.640 --> 00:33:24.960
situation so the hope is that you actually don't call the examiner instead you do a response you

510
00:33:24.960 --> 00:33:31.920
know to an office action and you ignore that point to try to get your system because because it's

511
00:33:31.920 --> 00:33:37.120
just going to be like i need to be honest oh i don't know what to do so don't answer the call

512
00:33:37.120 --> 00:33:44.000
so there you go so uh jennifer good so kind of along those lines then same thing with an acronym

513
00:33:44.000 --> 00:33:51.840
so uh make software faster m s f like and you're trying to put like you make this groovy little

514
00:33:51.840 --> 00:33:57.280
logo msf and the words underneath it you're still going to be in the same you're still going to be

515
00:33:57.280 --> 00:34:02.320
in the same situation because you're trying to use other words so like even the acronym doesn't get

516
00:34:02.320 --> 00:34:08.480
you out of it yeah it's a that is a brilliant question um to use the terminology of my my

517
00:34:08.480 --> 00:34:14.400
clients from the united kingdom uh that's a brilliant question um uh and it's just spot on

518
00:34:14.400 --> 00:34:21.280
is that one of the questions that is um i think you were actually in the challenge where i showed

519
00:34:21.280 --> 00:34:26.480
this i'm not sure jennifer because it was a while ago but i'm gonna see if i can find it there's a

520
00:34:26.480 --> 00:34:32.560
website that's that's really really good it lists all the acronyms for anything you could ever think

521
00:34:32.560 --> 00:34:40.239
of right there's a bunch of sites that actually have acronyms but there's this one site that has

522
00:34:40.239 --> 00:34:44.880
got everything like it's it's probably the best i've ever seen i'm gonna see if i can find that

523
00:34:44.880 --> 00:34:52.320
and post it right can you just dm me on that um so but here's the thing um i think this is going

524
00:34:52.320 --> 00:34:59.280
to help some of you i filed for a a trademark on behalf of a client they did what you said jennifer

525
00:34:59.280 --> 00:34:59.920
they they took it

526
00:35:00.000 --> 00:35:09.200
acronym right but the acronym was for words that did not exist right so they created a new term

527
00:35:10.000 --> 00:35:16.880
and with the creation of the new of the new term they used the acronym for that new term and so we

528
00:35:16.880 --> 00:35:23.760
filed for the acronym for the unique term right now that should be two steps away from a rejection

529
00:35:23.760 --> 00:35:34.000
but this is what happened we got a rejection right major corporation and the examiner says

530
00:35:34.000 --> 00:35:41.040
that this acronym is stands for something that has existed for a long time and you can't own it

531
00:35:42.000 --> 00:35:47.920
and i said that's baloney like our client created it so what the examiner did was the examiner

532
00:35:47.920 --> 00:35:55.360
cited that website the acronym website okay this is kind of hilarious and i had to explain this to

533
00:35:55.360 --> 00:36:00.160
the examiner and prove it to the examiner for them to remove the rejection it was it was a it was

534
00:36:00.160 --> 00:36:05.920
pretty it was a pretty detailed argument but here's what happened the examiner searched the

535
00:36:05.920 --> 00:36:12.720
site for the acronym found the acronym found the words and rightfully so grabbed the that print

536
00:36:12.720 --> 00:36:17.760
out and rejected the acronym and said this is already exists well here's the thing that he

537
00:36:17.760 --> 00:36:24.320
didn't know is that that website actually what it does is it has a spider that searches the internet

538
00:36:24.320 --> 00:36:31.040
for every acronym that ever existed and populates itself with every acronym and the definition of

539
00:36:31.040 --> 00:36:36.320
that acronym the words that go for it right so what actually happened was our client had been using

540
00:36:36.320 --> 00:36:43.280
that term for over a year so their spider actually fought found our client's use on the internet

541
00:36:44.320 --> 00:36:50.240
and then created in its own database the acronym with the name that our client was already using

542
00:36:50.960 --> 00:36:57.520
and so the the uspto rejected us based on our own usage but didn't know it was our own usage

543
00:36:57.520 --> 00:37:03.360
because the database doesn't tell you what the source was and so now i'm telling the examiner

544
00:37:03.360 --> 00:37:08.320
no that's us and the examiner's saying no it's not it's in this website and i said you don't

545
00:37:08.320 --> 00:37:13.600
understand how these websites work so i had to explain what a spider was i explained i mean

546
00:37:13.600 --> 00:37:19.040
examiner's thinking a spider like this guy is using nature and computer terminology it doesn't

547
00:37:19.040 --> 00:37:23.600
make any sense i had to explain to them how google works and search engines and others

548
00:37:24.160 --> 00:37:29.200
and i had to write a letter to the president of the organization that creates the the acronym

549
00:37:29.200 --> 00:37:40.560
website to get him to actually send me a metadata document showing where they actually got the the

550
00:37:40.560 --> 00:37:46.560
first uses of the acronym from the internet and when i got that it actually cites to my client's

551
00:37:46.560 --> 00:37:53.520
website duh and so it shows you the date that it was acquired from the internet and it was our

552
00:37:53.520 --> 00:37:59.680
website and so after i finally proved all that we won the case and the client was very happy but

553
00:37:59.680 --> 00:38:06.720
the point is that the acronym website you can actually use that site to see every acronym that

554
00:38:06.720 --> 00:38:10.960
exists and see whether or not the one that you came up with is one that already exists because

555
00:38:10.960 --> 00:38:15.680
those acronyms are not going to be on the uspto website so this site might actually help you if

556
00:38:15.680 --> 00:38:21.200
you're trying to come up with some unique acronyms all right any other just related that sorry just

557
00:38:21.200 --> 00:38:25.120
a quick question and maybe reference back to something you've talked about before if i can

558
00:38:25.120 --> 00:38:29.600
just remember where to find it but when you were talking about like nike just do it you said

559
00:38:29.600 --> 00:38:35.600
something in a prior call about like you want to file for the longer version of something versus

560
00:38:35.600 --> 00:38:41.200
the shorter version of something because otherwise but i might be connecting yeah that's not connecting

561
00:38:41.200 --> 00:38:46.800
the dots right is that a different issue not right yeah so okay there's nike then there's just do it

562
00:38:46.800 --> 00:38:52.080
so what i said is you file for nike and you file for just do it you file for both of them separately

563
00:38:52.080 --> 00:38:56.320
if you file for them both at the same time then if somebody uses nike alone that's a problem

564
00:38:56.320 --> 00:39:01.040
somebody uses just do it alone that's a problem if you're going to use just do it the slogan

565
00:39:01.040 --> 00:39:06.320
alone then i would file for the alone even if you're using the slogan with something else

566
00:39:06.320 --> 00:39:11.840
sometimes because you want to make sure that if somebody uses the one word they infringe if

567
00:39:11.840 --> 00:39:17.600
somebody uses a slogan they infringe right so there's nike that's one trademark there's just do

568
00:39:17.600 --> 00:39:25.040
it that's another trademark right but nike also you'll see nike just do it but they didn't file

569
00:39:25.040 --> 00:39:30.560
for nike just do it they filed for them separately because sometimes they use just do it alone

570
00:39:30.560 --> 00:39:37.920
sometimes they use nike alone if you file for nike just do it as one that and you don't

571
00:39:38.880 --> 00:39:44.640
and somebody uses just nike alone you're gonna have problems enforcing it so what you need to

572
00:39:44.640 --> 00:39:50.800
do is everybody here needs to think to themselves how am i using a trademark am i using it all

573
00:39:50.800 --> 00:39:56.320
together or am i using one word separately sometimes from the slogan if you're using one

574
00:39:56.320 --> 00:40:00.000
word separately alone sometimes from the slogan then you technically

575
00:40:00.000 --> 00:40:05.360
should be falling for that one word alone and the slogan alone. Otherwise, you're going to have

576
00:40:05.360 --> 00:40:10.800
troubles with enforcement. Does anybody else have a question on anything we've covered so far before

577
00:40:10.800 --> 00:40:18.560
we go forward? Because I want to get to TJ's question next. All right, TJ, go ahead.

578
00:40:18.560 --> 00:40:29.040
Well, the question that I had is that when we did the VIP session back in July.

579
00:40:29.840 --> 00:40:32.240
Oh, you just needed the video? You don't have a question?

580
00:40:33.600 --> 00:40:38.880
No, the way my mind works is I got to pause it, do this.

581
00:40:39.440 --> 00:40:39.920
Absolutely.

582
00:40:40.400 --> 00:40:40.880
Yeah, yeah.

583
00:40:41.760 --> 00:40:43.600
Okay, no problem.

584
00:40:43.600 --> 00:40:44.560
I need that resource.

585
00:40:44.560 --> 00:40:47.200
You got it, no problem. April, go ahead.

586
00:40:48.800 --> 00:40:55.120
Thanks. We had a question about using a logo if you're trying to pitch to somebody. So let's say

587
00:40:55.120 --> 00:41:01.040
you're doing a proposal for another company. Could you put their logo on the cover of that?

588
00:41:01.040 --> 00:41:01.040


589
00:41:01.040 --> 00:41:05.040
Or if you were developing a product that you were going to try to sell, hey, we could make these

590
00:41:05.040 --> 00:41:09.280
for you with your logo. Can you show them that example or is that infringement?

591
00:41:09.280 --> 00:41:16.000
Good question, good question. All right. You're touching a very sensitive area because there

592
00:41:16.000 --> 00:41:20.880
are some people that will absolutely love the fact that you're giving them a proposal that

593
00:41:20.880 --> 00:41:24.960
includes their name and their logo so they can see how it's going to look. They will absolutely

594
00:41:24.960 --> 00:41:29.840
love that. There are other people that will want to sue you, okay? Literally, it's like

595
00:41:29.840 --> 00:41:37.680
they're different extremes. I can tell you like for my clients, some of my clients have some very

596
00:41:37.680 --> 00:41:45.280
famous logos, right? And so what I'll do on when I'm doing meetings for them is I ask them

597
00:41:45.280 --> 00:41:51.600
beforehand because I just want to be careful. I don't want to insult a client that sent me like

598
00:41:52.160 --> 00:41:59.680
a ton of money. I don't want to do that. And so what I do instead is for some reason,

599
00:41:59.680 --> 00:42:04.640
all of a sudden, everybody's calling. So what I do instead is I ask their permission. But then

600
00:42:05.840 --> 00:42:09.600
what if you don't have a relationship with them and you want to build a relationship? So you want

601
00:42:09.600 --> 00:42:23.200
something that looks good, right? Oh, this is not legal advice. All right. Here's our first one of the day.

602
00:42:26.800 --> 00:42:34.080
Sometimes, sometimes you got to make an assessment as a business. You have to think to yourself.

603
00:42:34.720 --> 00:42:39.520
Hold on. I'm going to stop the recording. Sorry for any of you guys that were not here live.

604
00:42:39.520 --> 00:42:43.680
I can't have this part recorded. I'll turn on the recording right after this,

605
00:42:43.680 --> 00:42:50.800
but I can't have this part recorded. Okay. Yeah, there was an intermission there for a reason

606
00:42:50.800 --> 00:42:56.240
and we are now picking up again. Okay. So Jodi just asked a really good question. Well,

607
00:42:56.240 --> 00:42:59.360
what if you have a funnel? And this is why I'm actually going to be running a challenge in a few

608
00:43:00.320 --> 00:43:06.080
months on funnels. It's going to be the IP associated with funnels. It's going to be

609
00:43:06.080 --> 00:43:12.560
exclusively on that. It's going to be a one-day mastermind. It's going to be a powerhouse.

610
00:43:13.200 --> 00:43:18.720
Every IP issue that you ever run into on a funnel from copyright issues, trademark issues,

611
00:43:19.600 --> 00:43:24.400
what logos can you use, can't you use, trademark slogans, everything. We're going to put one of

612
00:43:24.400 --> 00:43:31.360
those together. I'm going to let Pedro know about it to see if he wants to actually let Russell know.

613
00:43:33.760 --> 00:43:40.640
But I think it's going to be something that's badly needed. I actually had somebody who

614
00:43:42.320 --> 00:43:48.080
just added somebody in. I had somebody a few months ago who reached out. Actually, he did a

615
00:43:48.160 --> 00:43:56.880
testimony for me, which was wonderful. Bruce and Lindsay, Van Zyl, love them. Brilliant people,

616
00:43:56.880 --> 00:44:04.720
amazing people. I actually use their software. If you're in tribal social, it's their software

617
00:44:04.720 --> 00:44:10.480
platform. So they're the ones that provide that backend ability. They did the TikTok video.

618
00:44:11.280 --> 00:44:17.760
I don't know if you remember the TikTok challenge they did, how to get a thousand follows. Great,

619
00:44:18.000 --> 00:44:23.280
great challenge that they did. A lot of people signed up. I actually watched it. It was really

620
00:44:23.280 --> 00:44:31.840
good. But when they first did their funnel, they had the TikTok logo on it. They had the TikTok

621
00:44:31.840 --> 00:44:36.080
trademark on it. They used the colors from TikTok. It was all over it on the funnel.

622
00:44:36.960 --> 00:44:44.480
And they posted it in the mastermind and said, hey, guys, take a look at this. Tell us what you

623
00:44:44.480 --> 00:44:49.280
think. It's one of the perks you get in being Pedro's mastermind. You get to get feedback from

624
00:44:49.840 --> 00:44:57.280
some people that have real life experience. So I saw it. I immediately, capital letters,

625
00:44:57.280 --> 00:44:59.840
said stop. Don't you dare.

626
00:45:00.000 --> 00:45:07.480
Publish this they were publishing this the next day. I said stop exclamation point. Don't you dare publish this call me now

627
00:45:08.280 --> 00:45:13.560
And they did and I walked them through removing all the trademarks

628
00:45:14.440 --> 00:45:21.400
The logos the trademarks of tick-tock right now. You can use the name in a descriptive manner

629
00:45:22.320 --> 00:45:27.480
Right. There's a difference between using a name in a descriptive manner and using something as a trademark

630
00:45:27.600 --> 00:45:35.120
Well and the funnel originally the funnel originally actually had like, you know, tick-tock the logo right on top and

631
00:45:36.000 --> 00:45:41.280
Got rid of that right and once I explained some of the trademark stuff to them, they're like, oh that makes sense

632
00:45:41.280 --> 00:45:46.920
Yes, I get it. And then they modify because they're really smart people then they modified everything

633
00:45:46.920 --> 00:45:54.560
We went through every single line of the entire funnel one by one, you know and over a half hour. We cleaned up the entire

634
00:45:55.080 --> 00:45:57.080
The entire funnel so

635
00:45:57.840 --> 00:45:59.840
There are ways to use

636
00:46:00.560 --> 00:46:04.720
What somebody the name of a software platform or like, you know?

637
00:46:04.720 --> 00:46:09.360
This is a trade or this is this is training for use of Microsoft Office

638
00:46:10.560 --> 00:46:15.840
And so you would say like, you know, this is a this is a video training people on how to use Microsoft Office

639
00:46:16.520 --> 00:46:19.320
Period, you know that that's a descriptive manner

640
00:46:19.360 --> 00:46:20.800
Descriptive manner

641
00:46:20.800 --> 00:46:24.560
Right and what you can even do on the bottom is you can actually say

642
00:46:25.280 --> 00:46:30.880
Microsoft is a federally registered trademark of you know, blah blah blah blah blah, you know

643
00:46:30.880 --> 00:46:37.640
And there's no affiliation between our company and Microsoft like you can do that in the disclaimers

644
00:46:37.640 --> 00:46:39.640
But do not think and please

645
00:46:40.200 --> 00:46:42.200
Everybody listen, okay

646
00:46:42.360 --> 00:46:45.640
Do not think that you're adding a disclaimer

647
00:46:46.320 --> 00:46:51.840
When you're using somebody else's federal registration is going to walk you out of a lawsuit that is not gonna happen

648
00:46:53.760 --> 00:46:58.480
Don't think to yourself. Well, I'm gonna use Nike on my funnel

649
00:46:59.880 --> 00:47:05.920
I'm gonna use the name Nike. I'm gonna use the Nike swoosh on it and on the bottom of my funnel

650
00:47:05.920 --> 00:47:12.120
It's gonna say, you know, the Nike swoosh and the name Nike are are not affiliated with our company

651
00:47:12.120 --> 00:47:17.840
They are federally registered trademarks of Nike blah blah blah organization. No, no

652
00:47:18.480 --> 00:47:22.360
That does not work. You will still get in trouble. Don't do that

653
00:47:22.920 --> 00:47:29.960
But it's very different if you're saying if you're saying, you know, our shoe company sells different brands like Nike Adidas

654
00:47:30.800 --> 00:47:34.400
You know blah blah blah. That's just describing what you're doing

655
00:47:34.400 --> 00:47:38.480
And then if you want to if you want to do the old, you know, the old

656
00:47:39.400 --> 00:47:45.400
What is it called belt and suspenders belt and suspenders deal if you want to do that

657
00:47:46.480 --> 00:47:48.480
you can actually

658
00:47:49.280 --> 00:47:52.040
You know add at the bottom a disclaimer that says

659
00:47:52.800 --> 00:48:00.000
The trademarks Nike Adidas, you know Reebok and our federally registered trademarks of such-and-such

660
00:48:00.640 --> 00:48:06.220
You know our our company has no affiliation with these companies, but instead we sell their shoe lines

661
00:48:06.980 --> 00:48:08.980
And so you can make that clear

662
00:48:09.220 --> 00:48:14.820
But again, don't believe that a disclaimer is going to get rid of trademark infringement. It does not

663
00:48:15.900 --> 00:48:22.780
It does not and I'm saying this over and over because I've had a lot of situations where people get in trouble and they reach

664
00:48:22.780 --> 00:48:26.820
Out and they say but I said the material I copied came from this book

665
00:48:26.980 --> 00:48:32.580
But I said that the trademark is a federally registered trademark of another person. That's great

666
00:48:32.580 --> 00:48:37.460
I mean, so basically what you've done is you acknowledge that you committed willful infringement. That's wonderful

667
00:48:38.500 --> 00:48:41.180
That's great. You made the case easier for a litigator. Well done

668
00:48:42.020 --> 00:48:47.380
Like like literally if I were litigating against that person I could say well, your honor is exhibit a

669
00:48:47.940 --> 00:48:52.460
Here's the bottom of their website that where they acknowledge that this trademark belongs to my client

670
00:48:53.260 --> 00:48:55.820
You know and then in a deposition I said, did you?

671
00:48:55.820 --> 00:49:01.180
Did you actually know that this was a federally registered trademark on such-and-such? No, I didn't know

672
00:49:01.180 --> 00:49:04.780
Well, did you authorize the creation of the website? Yes. Did you review the website? Yes

673
00:49:04.780 --> 00:49:10.060
Did you see a disclaimer on the website? Yes. Can you read the disclaimer to the jury? Yes, blah blah blah blah blah

674
00:49:10.060 --> 00:49:12.060
So you as the CEO of a company?

675
00:49:12.700 --> 00:49:18.060
Isn't part of your position to make sure that the company is being run well and to overview these things

676
00:49:18.060 --> 00:49:20.860
Yes, so it's your responsibility. So blah blah blah. Yes

677
00:49:21.020 --> 00:49:23.020
So, did you know that this was a federally registered trademark? Yes

678
00:49:23.980 --> 00:49:25.980
Got it. Thank you very much

679
00:49:25.980 --> 00:49:27.980
Case closed. We just won

680
00:49:27.980 --> 00:49:34.460
So just just be careful. All right use using descriptive sentences. Don't use as trademarks. They're different

681
00:49:35.900 --> 00:49:40.380
Okay, I know I hammered that hard, but I just don't want to see anybody in our group ever sued

682
00:49:40.940 --> 00:49:43.420
It's not a fun experience. Bonnie. Yes

683
00:49:46.300 --> 00:49:48.140
So it was a very

684
00:49:48.460 --> 00:49:50.460
So

685
00:49:50.620 --> 00:49:53.660
If on your website you want to put the logos of

686
00:49:54.220 --> 00:49:57.740
Companies that you worked for you can't do that, correct? No

687
00:49:58.380 --> 00:50:00.380
Unless you get their permission

688
00:50:00.000 --> 00:50:04.640
There's one company that I have done work for,

689
00:50:04.640 --> 00:50:07.840
and they have very, very, very strict guidelines.

690
00:50:07.840 --> 00:50:09.080
Oh, yes.

691
00:50:09.080 --> 00:50:13.240
As long as you do their way, then you get the permission

692
00:50:13.240 --> 00:50:15.000
because you're doing it the way they ask.

693
00:50:15.000 --> 00:50:15.820
Is that correct?

694
00:50:15.820 --> 00:50:16.660
Absolutely.

695
00:50:16.660 --> 00:50:18.560
Yeah, so what you want to do is,

696
00:50:18.560 --> 00:50:20.760
if any of you are seeking authorization

697
00:50:20.760 --> 00:50:22.260
to use somebody else's trademark,

698
00:50:22.260 --> 00:50:23.880
this is what you want to do.

699
00:50:23.880 --> 00:50:24.720
Number one.

700
00:50:26.200 --> 00:50:28.400
All right, actually, let me ask you.

701
00:50:28.480 --> 00:50:30.560
Somebody say out loud, what's number one?

702
00:50:32.840 --> 00:50:35.280
That's the first thing you should do.

703
00:50:35.280 --> 00:50:36.720
Unmute yourself.

704
00:50:36.720 --> 00:50:38.440
Say what you should do.

705
00:50:41.560 --> 00:50:43.740
Do people have the ability to unmute themselves?

706
00:50:43.740 --> 00:50:44.580
Yeah.

707
00:50:45.940 --> 00:50:48.480
Okay, all right, number one.

708
00:50:48.480 --> 00:50:49.720
Do a trademark search?

709
00:50:50.720 --> 00:50:52.320
Yeah, that, no, no.

710
00:50:52.320 --> 00:50:53.160
That's assumed already, though.

711
00:50:53.160 --> 00:50:54.400
Somebody else's trademark, right?

712
00:50:54.400 --> 00:50:55.960
Oh, yeah, okay.

713
00:50:55.960 --> 00:50:58.900
So number one, get it in writing.

714
00:50:59.920 --> 00:51:00.760
Oh, good.

715
00:51:00.760 --> 00:51:01.920
You need the permission in writing.

716
00:51:01.920 --> 00:51:04.040
I don't care if this is your friend.

717
00:51:04.040 --> 00:51:05.240
Look, I love Miguel,

718
00:51:05.240 --> 00:51:08.520
but Miguel has an incredible billion-dollar corporation,

719
00:51:08.520 --> 00:51:12.400
and Miguel says, Pete, you can use our logo.

720
00:51:12.400 --> 00:51:14.760
I'm like, awesome, that's great.

721
00:51:14.760 --> 00:51:16.880
Miguel, put it in writing.

722
00:51:16.880 --> 00:51:19.160
And Miguel's like, but bro, we're best friends.

723
00:51:19.160 --> 00:51:22.040
We hang out, we go to dinner, we enjoy it.

724
00:51:22.040 --> 00:51:24.720
We went to Vegas, we do this, we do that.

725
00:51:24.720 --> 00:51:26.360
I'm like, Miguel, I love you.

726
00:51:26.360 --> 00:51:28.720
You're my best friend, you're awesome.

727
00:51:28.720 --> 00:51:30.120
Put it in writing.

728
00:51:30.120 --> 00:51:32.440
And he's like, but how should I feel about this?

729
00:51:32.440 --> 00:51:33.680
I was like, all right, Miguel.

730
00:51:33.680 --> 00:51:36.800
Tomorrow, you may decide to retire from your company.

731
00:51:36.800 --> 00:51:39.040
Yes, I need to lock your company

732
00:51:39.040 --> 00:51:41.380
into what you actually said.

733
00:51:41.380 --> 00:51:43.440
Well, I'm not thinking of retiring, dude.

734
00:51:45.300 --> 00:51:47.080
Okay, that's great, put it in writing.

735
00:51:47.080 --> 00:51:49.760
Literally, that's my answer,

736
00:51:49.760 --> 00:51:52.040
because you just don't want it to be in a situation

737
00:51:52.080 --> 00:51:53.360
where later you've got to prove

738
00:51:53.360 --> 00:51:56.640
that you have permission in a court of law.

739
00:51:56.640 --> 00:51:59.360
And I can tell you, it's horrible.

740
00:51:59.360 --> 00:52:01.280
I've seen this play out in court.

741
00:52:01.280 --> 00:52:03.700
I've seen this played out outside of court

742
00:52:03.700 --> 00:52:05.400
where people give permission,

743
00:52:05.400 --> 00:52:07.220
then all of a sudden something happens,

744
00:52:07.220 --> 00:52:09.240
and either they say, A, I didn't give permission,

745
00:52:09.240 --> 00:52:13.320
or B, they don't remember, or C, they sold the company.

746
00:52:13.320 --> 00:52:17.120
And so now they're on their own island, Miguel Island, right?

747
00:52:17.120 --> 00:52:19.120
And so he's like with his family,

748
00:52:19.120 --> 00:52:22.020
enjoying the helicopter, enjoying life.

749
00:52:22.860 --> 00:52:23.700
And we're trying to reach them,

750
00:52:23.700 --> 00:52:25.100
but they don't have telecommunications on their island,

751
00:52:25.100 --> 00:52:26.980
so I'm in court, right?

752
00:52:26.980 --> 00:52:29.580
Whatever it is, get it in writing, okay?

753
00:52:29.580 --> 00:52:30.540
That's the first thing you do.

754
00:52:30.540 --> 00:52:34.000
So Bonnie, in your situation, your former employer,

755
00:52:34.000 --> 00:52:35.980
what you want to do is,

756
00:52:35.980 --> 00:52:38.100
if they have certain criteria, great.

757
00:52:38.100 --> 00:52:40.940
Then either get permission from them in writing,

758
00:52:40.940 --> 00:52:43.480
or if they already say you can use it,

759
00:52:43.480 --> 00:52:46.960
just use these terms, print it, print it out.

760
00:52:46.960 --> 00:52:49.520
Put that out and put it in your business folder.

761
00:52:49.560 --> 00:52:52.920
It should be under a folder, it's called agreements.

762
00:52:52.920 --> 00:52:54.200
That's good.

763
00:52:54.200 --> 00:52:56.400
Agreements and licenses.

764
00:52:56.400 --> 00:53:00.240
You save that form in that folder

765
00:53:00.240 --> 00:53:02.000
so that you don't end up in a situation

766
00:53:02.000 --> 00:53:04.680
where later you're trying to find this stuff.

767
00:53:04.680 --> 00:53:06.160
I can't tell you how quickly

768
00:53:06.160 --> 00:53:09.080
people delete things from their websites.

769
00:53:09.080 --> 00:53:11.320
And all of a sudden, the policy that you followed

770
00:53:11.320 --> 00:53:13.360
is gone later when you're in trouble,

771
00:53:13.360 --> 00:53:15.480
and you're like, but it was on the website.

772
00:53:15.480 --> 00:53:17.960
And they say, it's not on the website.

773
00:53:17.960 --> 00:53:19.960
So now you might be able to use something

774
00:53:21.520 --> 00:53:24.760
that I've explained to you, like the Wayback Machine,

775
00:53:24.760 --> 00:53:26.920
but you don't want to be in that situation.

776
00:53:26.920 --> 00:53:29.180
If you're following permission

777
00:53:29.180 --> 00:53:32.240
based on a policy or an agreement online,

778
00:53:32.240 --> 00:53:36.220
print out the agreement, save it in your old folder

779
00:53:36.220 --> 00:53:37.560
so that you have that.

780
00:53:39.400 --> 00:53:41.400
Now, what you don't do is,

781
00:53:41.400 --> 00:53:43.960
don't turn it into a Word document and save it.

782
00:53:43.960 --> 00:53:45.800
That does not work in a court of law.

783
00:53:46.640 --> 00:53:47.480
All right?

784
00:53:47.480 --> 00:53:49.760
You can either do a,

785
00:53:49.760 --> 00:53:51.320
what I would do is like a screen print.

786
00:53:51.320 --> 00:53:55.080
So it shows like the URL there, and it shows the text.

787
00:53:55.080 --> 00:53:57.520
But even separate, if you guys save it as a PDF,

788
00:53:58.520 --> 00:54:01.560
but you want to save the metadata for the PDF,

789
00:54:01.560 --> 00:54:04.580
I may be getting too technical for you in litigation.

790
00:54:04.580 --> 00:54:08.000
But in any case, the best way to do it is screen prints

791
00:54:08.000 --> 00:54:10.240
because it's showing the date on there.

792
00:54:10.240 --> 00:54:13.120
It's showing the URL, it's showing everything there.

793
00:54:13.120 --> 00:54:14.840
Now you're saving that, right?

794
00:54:14.880 --> 00:54:17.920
And you save that into a file

795
00:54:17.920 --> 00:54:20.320
that's now in agreements and licenses.

796
00:54:20.320 --> 00:54:22.040
Even though licenses are agreements,

797
00:54:22.040 --> 00:54:24.060
people tend to forget that.

798
00:54:24.060 --> 00:54:27.740
So I would call the folder agreements and licenses

799
00:54:27.740 --> 00:54:29.400
just so you don't forget.

800
00:54:29.400 --> 00:54:33.540
So for, before going to talk to a company in particular,

801
00:54:33.540 --> 00:54:36.360
what is the language that we use to say,

802
00:54:36.360 --> 00:54:39.600
like, who do we contact to get that information from?

803
00:54:39.600 --> 00:54:40.680
Good question.

804
00:54:40.680 --> 00:54:42.360
Man, you guys came ready.

805
00:54:42.360 --> 00:54:43.800
I mean, you guys really came.

806
00:54:43.800 --> 00:54:45.080
This is deep.

807
00:54:45.080 --> 00:54:47.200
Like, this is real practical application.

808
00:54:47.200 --> 00:54:48.920
Like, you're in business doing things.

809
00:54:48.920 --> 00:54:50.040
So, all right.

810
00:54:50.040 --> 00:54:53.000
So the way that I would do this,

811
00:54:53.000 --> 00:54:54.960
let me explain to you how most corporations

812
00:54:54.960 --> 00:54:56.640
are structured, all right?

813
00:54:56.640 --> 00:55:00.160
Most corporations, the phone number that they give you is.

814
00:55:00.000 --> 00:55:02.640
Somebody has to deal with marketing.

815
00:55:02.640 --> 00:55:07.760
Marketing knows nothing about the stuff we're talking about.

816
00:55:07.760 --> 00:55:10.040
So the people you actually want to get in touch with

817
00:55:10.040 --> 00:55:11.800
are corporate.

818
00:55:11.800 --> 00:55:14.000
You want to get to the corporate division.

819
00:55:14.000 --> 00:55:16.840
And if you're dealing with the corporate division,

820
00:55:16.840 --> 00:55:18.880
there are different divisions within corporate

821
00:55:18.880 --> 00:55:20.140
that you can deal with.

822
00:55:20.140 --> 00:55:26.240
Now, me being me, I would ask to speak to legal because I'm me,

823
00:55:26.240 --> 00:55:27.520
because I'm legal.

824
00:55:27.520 --> 00:55:29.240
You're not legal.

825
00:55:29.240 --> 00:55:31.120
So what you should do is you should

826
00:55:31.120 --> 00:55:32.760
be looking for a division that deals

827
00:55:32.760 --> 00:55:35.520
with corporate agreements, like corporate relationships,

828
00:55:35.520 --> 00:55:40.160
partnerships, deals with third party organizations.

829
00:55:40.160 --> 00:55:41.120
That's what I would do.

830
00:55:41.120 --> 00:55:44.640
I would reach out to the corporate department,

831
00:55:44.640 --> 00:55:47.080
find out what is the corporate headquarters,

832
00:55:47.080 --> 00:55:49.200
call the corporate headquarters, and say,

833
00:55:49.200 --> 00:55:51.120
I'm such and such corporation.

834
00:55:51.120 --> 00:55:54.720
I'm seeking to work directly with corporate

835
00:55:54.720 --> 00:55:56.120
on the following.

836
00:55:56.120 --> 00:55:59.120
Can you tell me who I should speak to to be able to do that?

837
00:55:59.120 --> 00:56:02.040
They should not then give you all the way back

838
00:56:02.040 --> 00:56:04.120
to marketing.

839
00:56:04.120 --> 00:56:07.000
Marketing, again, it's a waste of time.

840
00:56:07.000 --> 00:56:09.200
You're going to get somebody who's overly ambitious,

841
00:56:09.200 --> 00:56:12.120
who believes that they can help you, but they can't.

842
00:56:12.120 --> 00:56:15.960
Marketing has no power in corporate worlds.

843
00:56:15.960 --> 00:56:18.360
It's just very rare in a large corporation

844
00:56:18.360 --> 00:56:22.760
that somebody in marketing who's hired at $16 an hour

845
00:56:22.760 --> 00:56:24.640
is going to be able to make a decision on behalf

846
00:56:24.640 --> 00:56:26.280
of a billion-dollar corporation.

847
00:56:26.280 --> 00:56:27.600
It's just not going to happen.

848
00:56:27.600 --> 00:56:29.040
So you deal with corporate.

849
00:56:29.040 --> 00:56:31.040
Now, what's likely going to happen

850
00:56:31.040 --> 00:56:34.240
is if you get the right person in corporate,

851
00:56:34.240 --> 00:56:37.560
then they're going to send you an agreement that says,

852
00:56:37.560 --> 00:56:40.040
these are the conditions, blah, blah, blah, blah, blah.

853
00:56:40.040 --> 00:56:41.880
If the people you're dealing with in corporate

854
00:56:41.880 --> 00:56:44.480
don't understand anything from what you're talking about,

855
00:56:44.480 --> 00:56:46.800
and you're hitting a wall over and over and over,

856
00:56:46.800 --> 00:56:49.320
then you can act to speak to legal.

857
00:56:49.320 --> 00:56:51.840
But I would not start with legal.

858
00:56:51.840 --> 00:56:53.640
Because if you start with legal, legal

859
00:56:53.640 --> 00:56:55.360
has to get permission from corporate.

860
00:56:55.360 --> 00:56:57.480
So what you did was you went all the way

861
00:56:57.520 --> 00:57:00.520
to the back of the animal to try to get permission

862
00:57:00.520 --> 00:57:01.760
from the front of the animal.

863
00:57:01.760 --> 00:57:04.680
And it's like, why not let the animal see you first,

864
00:57:04.680 --> 00:57:06.320
address you, make the assessment,

865
00:57:06.320 --> 00:57:08.200
say, yes, I do want to work with you,

866
00:57:08.200 --> 00:57:10.680
as opposed to all of a sudden they turn around,

867
00:57:10.680 --> 00:57:12.120
they're mad at you because you've been trying

868
00:57:12.120 --> 00:57:13.240
to get in the wrong way, right?

869
00:57:13.240 --> 00:57:16.480
So it's like, address them face-to-face,

870
00:57:16.480 --> 00:57:18.400
try to speak with corporate,

871
00:57:18.400 --> 00:57:20.160
and you want to deal with the division

872
00:57:20.160 --> 00:57:22.920
that deals with corporate deals, corporate partnerships.

873
00:57:22.920 --> 00:57:25.920
Corporate partnerships is one of the best areas to deal with.

874
00:57:26.280 --> 00:57:29.720
And then you bringing your proposal to them, right?

875
00:57:29.720 --> 00:57:31.080
Now, most of them are gonna ask you

876
00:57:31.080 --> 00:57:33.280
for a non-disclosure, non-compete agreement.

877
00:57:34.600 --> 00:57:36.960
This is where you get into trouble, all right?

878
00:57:36.960 --> 00:57:39.520
So let me expand upon this.

879
00:57:39.520 --> 00:57:43.880
If in the non-disclosure agreement, it has a non-compete,

880
00:57:43.880 --> 00:57:45.280
that's a huge red flag.

881
00:57:46.560 --> 00:57:48.960
I have told you all that when you create

882
00:57:48.960 --> 00:57:50.920
non-disclosure agreements, and any of you

883
00:57:50.920 --> 00:57:54.720
who have ever asked for a non-disclosure agreement from me,

884
00:57:54.720 --> 00:57:56.800
which you guys know, I think I charged you guys

885
00:57:56.800 --> 00:57:58.400
like 500 bucks or something like that.

886
00:57:58.400 --> 00:58:00.400
I've sent someone out to you guys,

887
00:58:00.400 --> 00:58:02.840
one that I use like all the time, right?

888
00:58:03.800 --> 00:58:07.600
That one has non-disclosure and non-compete, why?

889
00:58:07.600 --> 00:58:10.000
When you are the one disclosing,

890
00:58:10.000 --> 00:58:12.480
you want all the restrictions.

891
00:58:12.480 --> 00:58:14.640
When you're the one signing,

892
00:58:14.640 --> 00:58:17.240
somebody else's non-disclosure, non-compete,

893
00:58:17.240 --> 00:58:20.760
you want less restrictions, right?

894
00:58:20.760 --> 00:58:23.520
So it's kind of like, I hate to use the terminology,

895
00:58:23.520 --> 00:58:27.320
but you're getting married, right?

896
00:58:27.320 --> 00:58:29.400
And you're incredibly rich.

897
00:58:29.400 --> 00:58:31.440
And you're like, I want the prenuptial agreement.

898
00:58:31.440 --> 00:58:33.400
Like, I wanna make sure that this person can't,

899
00:58:33.400 --> 00:58:35.840
if they divorce me, they didn't try to marry me

900
00:58:35.840 --> 00:58:36.840
just for the money.

901
00:58:36.840 --> 00:58:38.800
So here's all the restrictions, right?

902
00:58:39.680 --> 00:58:40.800
And you think that's a great thing.

903
00:58:40.800 --> 00:58:42.960
Now, if they leave me, I still have the resources

904
00:58:42.960 --> 00:58:46.640
to provide for my kids, blah, blah, blah, blah, blah, right?

905
00:58:46.640 --> 00:58:49.040
But what you don't want is to be entering into a marriage

906
00:58:49.040 --> 00:58:50.600
with a prenuptial agreement,

907
00:58:50.600 --> 00:58:52.120
because that means you get nothing.

908
00:58:52.120 --> 00:58:53.480
It's the same thing.

909
00:58:53.480 --> 00:58:56.640
Every relationship with a company is a marriage, right?

910
00:58:56.640 --> 00:58:58.120
Not our definition of a marriage,

911
00:58:58.120 --> 00:58:59.640
but essentially it ends up turning

912
00:58:59.640 --> 00:59:02.040
into being something similar to a marriage.

913
00:59:02.040 --> 00:59:03.280
So you have to make sure

914
00:59:03.280 --> 00:59:06.960
that if you get a non-compete agreement,

915
00:59:06.960 --> 00:59:08.640
that's a big red flag.

916
00:59:08.640 --> 00:59:10.160
What that's essentially telling you

917
00:59:10.160 --> 00:59:13.800
is that not only can you not disclose

918
00:59:13.800 --> 00:59:15.400
what they disclose to you,

919
00:59:15.400 --> 00:59:18.720
but you can't practice making goods

920
00:59:18.720 --> 00:59:22.080
or providing services in that same area.

921
00:59:22.920 --> 00:59:25.440
But what if you are already competing in that area?

922
00:59:26.520 --> 00:59:27.960
That's the reason why you reached out to them

923
00:59:27.960 --> 00:59:28.800
in the first place.

924
00:59:28.800 --> 00:59:30.840
You thought it'd be a great partnership.

925
00:59:30.840 --> 00:59:32.400
Now you signed a non-compete.

926
00:59:33.640 --> 00:59:36.520
If that non-compete is enforced against you,

927
00:59:36.520 --> 00:59:39.880
and it doesn't have like exceptions to non-compete,

928
00:59:39.880 --> 00:59:42.560
where the exception to non-compete says something like,

929
00:59:42.560 --> 00:59:45.360
if you are already doing this before our meeting,

930
00:59:45.360 --> 00:59:48.320
that's an exception to the non-compete or non-disclosure.

931
00:59:48.320 --> 00:59:49.880
If that's not in there,

932
00:59:49.920 --> 00:59:51.640
you can just shut yourself down

933
00:59:51.640 --> 00:59:53.800
for as long as a non-compete is enforced.

934
00:59:54.920 --> 00:59:57.480
That's not smart business.

935
00:59:57.480 --> 00:59:59.480
So you can essentially walk into a meeting

936
00:59:59.480 --> 01:00:00.320
with a large...

937
01:00:00.000 --> 01:00:05.360
corporation that has a non-disclosure, non-compete agreement, sign on it, find out there's no

938
01:00:05.360 --> 01:00:09.840
exceptions to it, and you essentially just made it so that you can't bring your own product or

939
01:00:09.840 --> 01:00:13.760
service forward because it competes with them, and you signed an agreement saying that you

940
01:00:13.760 --> 01:00:19.760
wouldn't compete with them. Don't do that, please. Like, if you get a legal document

941
01:00:19.760 --> 01:00:26.080
from a company, let a lawyer look over it, okay? So, Bonnie, in your situation, I would reach out

942
01:00:26.080 --> 01:00:31.360
to the corporate division. Go ahead. I have one quick question on that, too. So, let's say you're

943
01:00:31.360 --> 01:00:36.240
doing a testimony, and with somebody's testimony and their logo, maybe you have the picture and

944
01:00:36.240 --> 01:00:41.920
the logo's in the back, and or you show a picture of you being someplace, and their logo's there.

945
01:00:41.920 --> 01:00:48.800
Are that, is that, like, out of order as well? That's a great question, and this is not

946
01:00:48.800 --> 01:00:55.040
legal advice. I'm going to tell you how it works, all right, and then you have to make your own

947
01:00:55.040 --> 01:01:06.000
decision because this is tricky, all right? In the, let's say that, I don't have one here.

948
01:01:07.120 --> 01:01:11.520
I was looking for a painting. All right, here we go. Hold on.

949
01:01:13.920 --> 01:01:16.800
Hold on. I'm just going to grab a painting from the wall over here.

950
01:01:16.800 --> 01:01:19.760
All right.

951
01:01:24.960 --> 01:01:32.160
Okay, here's a painting. So, this is a painting, right? And so, let's say that this is in the

952
01:01:32.160 --> 01:01:39.520
background. It's over there, right? It's like, there we go, right? So, it's over there on the wall

953
01:01:40.400 --> 01:01:45.760
hanging out there as I'm doing my video, right? Here's my video, and we've done the entire

954
01:01:46.160 --> 01:01:52.560
video. It's, like, smack in the middle of the video. You're seeing it the entire time. The

955
01:01:52.560 --> 01:01:58.560
question is, is this a problem, like, you know, first of all, for copyright infringement, right?

956
01:01:58.560 --> 01:02:06.080
Because I'm essentially displaying somebody else's copyright. This is when you go into that

957
01:02:06.080 --> 01:02:11.040
whole assessment that I taught all you guys before, meaning, what's the intent of the video?

958
01:02:11.040 --> 01:02:16.480
Is the subject matter of the entire video the image? You know, am I making money off of the

959
01:02:16.480 --> 01:02:21.120
displaying of the image? You know, those are things that we do in our assessment to determine

960
01:02:21.120 --> 01:02:26.800
whether or not this is something we covered before. I could see if we could either raise it

961
01:02:26.800 --> 01:02:31.600
again or if I could find that video for you guys, but that's one of the assessments we do. It was,

962
01:02:31.600 --> 01:02:36.320
like, is it the subject matter of the video or is it just in the background? Like, this entire time,

963
01:02:37.280 --> 01:02:42.400
like, it's right there. Psalm 91 has been there the entire time. It's not the subject matter

964
01:02:43.200 --> 01:02:51.360
of my presentation. It's on the wall. It's just there, right? I'm not, it's not the intent of

965
01:02:51.360 --> 01:02:56.960
the video. It's just kind of, like, in my background, right? So, that's less of a problem.

966
01:02:56.960 --> 01:03:05.120
Now, let's talk about a logo. Logo is a whole other ballgame because when you see a logo,

967
01:03:05.200 --> 01:03:11.680
everybody knows the company immediately, right? Like, why is a logo on your wall, honestly? Like,

968
01:03:11.680 --> 01:03:18.000
what other purpose would you have? Why would I have on the back of my wall right now the logo

969
01:03:18.000 --> 01:03:27.680
Nike and be talking about sneakers? Like, it's just clearly I'm using the logo to have commercial

970
01:03:27.680 --> 01:03:35.840
gain, to show, perhaps, affiliation, to show, you know, acknowledgement of my ability. I have

971
01:03:35.840 --> 01:03:41.440
a personal benefit of using that. That's a problem. That's just like if I had a website

972
01:03:42.080 --> 01:03:49.280
and on the website, I displayed the logo. If I'm putting the logo smack there on my wall

973
01:03:50.000 --> 01:03:55.600
or even separate from that, let's make it even worse. Let's say I created a background with the

974
01:03:55.600 --> 01:04:01.760
logo. And that's what most people do. Most people aren't going to have, like, a frame with the logo

975
01:04:01.760 --> 01:04:10.080
on their background. They're going to create a background itself, like, choose virtual background.

976
01:04:10.880 --> 01:04:15.120
Oh, I don't have any of them on here. Never mind. There's a new computer, so I don't have it.

977
01:04:15.120 --> 01:04:20.240
Well, some of you know how you can actually change a virtual background. So, you know, you create a

978
01:04:20.240 --> 01:04:26.800
virtual background and it's got the logo. That's a big no-no. That's displaying somebody else's logo

979
01:04:26.800 --> 01:04:33.520
in association with your services. So, that's problematic. But if you get permission from them,

980
01:04:33.520 --> 01:04:39.200
like we talked about, then you could do that. Now, here's the thing. And here's the thing I want

981
01:04:39.200 --> 01:04:47.120
all of you to keep in mind. This is really important. Whenever you get permission to use a logo

982
01:04:47.600 --> 01:04:52.640
or to use materials from another party, there are conditions to that.

983
01:04:54.240 --> 01:04:59.920
They do not, it's very rare that you will ever see somebody give you a blanket like

984
01:05:00.000 --> 01:05:03.120
license, very rare.

985
01:05:03.120 --> 01:05:05.800
What a blanket license is, is yeah, sure,

986
01:05:05.800 --> 01:05:08.880
use our trademark or use our copyright any way you want,

987
01:05:08.880 --> 01:05:10.460
we don't care.

988
01:05:10.460 --> 01:05:15.460
That is very slim, very slim chance of that happening.

989
01:05:15.840 --> 01:05:18.560
All right, what you usually have instead is

990
01:05:18.560 --> 01:05:21.180
you can use it the following ways.

991
01:05:21.180 --> 01:05:24.320
This is why you have to read the license agreement.

992
01:05:24.320 --> 01:05:27.480
So as an example, like I was blessed to be,

993
01:05:27.480 --> 01:05:29.040
you know, named super lawyer.

994
01:05:29.040 --> 01:05:30.840
I've been named in Woodward White,

995
01:05:30.840 --> 01:05:33.520
best of the best, lawyer of the year, like all those.

996
01:05:33.520 --> 01:05:36.980
Each of those groups have logos.

997
01:05:38.080 --> 01:05:39.780
I can't just grab their logos

998
01:05:39.780 --> 01:05:41.840
and throw them all over my website and say,

999
01:05:41.840 --> 01:05:44.540
look, I'm this, this, this, this, this, this, this, this.

1000
01:05:44.540 --> 01:05:46.000
I can't do that.

1001
01:05:46.000 --> 01:05:48.840
They actually charge you to use their logos

1002
01:05:48.840 --> 01:05:51.040
because they know that just saying,

1003
01:05:51.040 --> 01:05:54.560
just seeing their logo, you know,

1004
01:05:54.560 --> 01:05:56.960
American Bar Foundry member, right?

1005
01:05:56.960 --> 01:05:58.200
This was an act of God.

1006
01:05:58.200 --> 01:06:00.040
I'm thankful to the Lord for this.

1007
01:06:00.040 --> 01:06:05.040
Like 1% of the lawyers in the world, you know, are in that.

1008
01:06:05.280 --> 01:06:09.200
So you would think I'd want to use their logo, right?

1009
01:06:09.200 --> 01:06:13.200
But there's a fee because they know the value.

1010
01:06:13.200 --> 01:06:16.780
So you may get permission to use the name,

1011
01:06:16.780 --> 01:06:18.820
but not have permission to use the logo

1012
01:06:18.820 --> 01:06:21.600
because the logo is what draws people in.

1013
01:06:21.600 --> 01:06:26.020
They see that logo and bam, they get drawn in, right?

1014
01:06:27.020 --> 01:06:29.820
So I can say all over my website,

1015
01:06:29.820 --> 01:06:32.140
American Bar Foundry member,

1016
01:06:32.140 --> 01:06:35.060
and you'll see it, like you actually see,

1017
01:06:36.100 --> 01:06:37.640
I'll show you really quick.

1018
01:06:37.640 --> 01:06:39.660
Like I have an area,

1019
01:06:39.660 --> 01:06:40.900
actually, no, I don't want to do that.

1020
01:06:40.900 --> 01:06:42.260
That's tacky.

1021
01:06:42.260 --> 01:06:44.820
I'm not going to show my accolades, that's tacky.

1022
01:06:45.760 --> 01:06:49.660
But there's a list of accolades, right, on my website.

1023
01:06:49.660 --> 01:06:52.120
Well, you don't see as any logos.

1024
01:06:52.120 --> 01:06:53.980
I don't list them all.

1025
01:06:54.020 --> 01:06:57.300
Now I could go forward and pay 200 here, 300 here,

1026
01:06:57.300 --> 01:06:59.940
500 here, 1200 there,

1027
01:06:59.940 --> 01:07:02.460
because they know how valuable it is.

1028
01:07:02.460 --> 01:07:03.540
Did I receive the award?

1029
01:07:03.540 --> 01:07:06.140
Yes, but I got to pay extra for the logo.

1030
01:07:07.100 --> 01:07:08.500
And even though I get the logo,

1031
01:07:08.500 --> 01:07:11.500
I now have to use the logo the way they say.

1032
01:07:11.500 --> 01:07:14.460
Some logos can only be displayed on websites.

1033
01:07:14.460 --> 01:07:16.700
You can't go and put them on t-shirts.

1034
01:07:16.700 --> 01:07:19.120
You can't go put them on your backpacks.

1035
01:07:19.120 --> 01:07:22.260
You can't go like sell them on jerseys.

1036
01:07:22.260 --> 01:07:24.940
Like, no, there's only certain rights that you have.

1037
01:07:24.940 --> 01:07:27.940
So anytime you obtain a license from a third party

1038
01:07:27.940 --> 01:07:29.460
to use their trademark,

1039
01:07:29.460 --> 01:07:31.580
determine what the license covers.

1040
01:07:31.580 --> 01:07:34.520
There are different types of licenses you can get.

1041
01:07:34.520 --> 01:07:39.080
They cost more money as you get ones that are broader.

1042
01:07:40.180 --> 01:07:41.420
Does that help, Bonnie?

1043
01:07:41.420 --> 01:07:42.620
Oh, that's fantastic.

1044
01:07:42.620 --> 01:07:43.460
Thank you.

1045
01:07:43.460 --> 01:07:44.300
You're welcome.

1046
01:07:44.300 --> 01:07:45.740
Miguel, go ahead.

1047
01:07:45.740 --> 01:07:47.060
On the same subject.

1048
01:07:47.060 --> 01:07:47.940
So good, Peter.

1049
01:07:47.940 --> 01:07:48.780
Thank you.

1050
01:07:48.780 --> 01:07:49.780
And great questions, Bonnie.

1051
01:07:49.780 --> 01:07:52.140
So on these same lines,

1052
01:07:52.140 --> 01:07:53.700
first of all, you're making me like look around.

1053
01:07:53.700 --> 01:07:56.100
Like, oh my goodness, what awards, right?

1054
01:07:56.100 --> 01:07:58.220
I'm like, my wall's going to be empty.

1055
01:07:58.220 --> 01:07:59.180
No, you look fine.

1056
01:07:59.180 --> 01:08:01.420
Are awards okay?

1057
01:08:01.420 --> 01:08:02.260
I'm going to ask my question in a minute.

1058
01:08:02.260 --> 01:08:03.100
Awards are fine.

1059
01:08:03.100 --> 01:08:04.180
Yeah, I've got-

1060
01:08:04.180 --> 01:08:05.020
Yeah, I know.

1061
01:08:05.020 --> 01:08:05.860
We have the same.

1062
01:08:05.860 --> 01:08:07.100
If Pedro wants to sue me.

1063
01:08:07.100 --> 01:08:09.140
I know, but I'm like looking at this here

1064
01:08:09.140 --> 01:08:11.700
and I'm like, these things got to go today.

1065
01:08:11.700 --> 01:08:12.580
Sorry.

1066
01:08:12.580 --> 01:08:13.420
Okay, good.

1067
01:08:13.420 --> 01:08:14.240
All right.

1068
01:08:14.240 --> 01:08:15.080
I'm asking you.

1069
01:08:15.080 --> 01:08:16.859
Anyway, I'm just telling you what's on my mind.

1070
01:08:16.859 --> 01:08:21.260
So now for those of us who help others,

1071
01:08:21.260 --> 01:08:24.580
for example, build a funnel and build all that, right?

1072
01:08:24.580 --> 01:08:26.420
Someone tells me, you know,

1073
01:08:26.420 --> 01:08:28.300
especially I was working with maybe a celebrity,

1074
01:08:28.300 --> 01:08:29.620
like tells you, oh, I have this,

1075
01:08:29.620 --> 01:08:31.540
all these corporations told me, yes.

1076
01:08:31.540 --> 01:08:33.020
You know, I have it.

1077
01:08:33.020 --> 01:08:34.220
They said, yes, right?

1078
01:08:34.220 --> 01:08:37.740
And I get it in writing from them by email that they got,

1079
01:08:37.740 --> 01:08:39.300
oh, oh, oh, oh, oh.

1080
01:08:39.300 --> 01:08:41.380
When you say them, when you say them.

1081
01:08:41.380 --> 01:08:44.260
Like my client tells me in writing by email,

1082
01:08:45.260 --> 01:08:47.939
I have their permission to use this,

1083
01:08:47.939 --> 01:08:50.340
go ahead, boom, and slap them in there.

1084
01:08:50.340 --> 01:08:52.819
No, what you need to do is you need to see the permission

1085
01:08:52.819 --> 01:08:54.660
that they have from the people.

1086
01:08:54.660 --> 01:08:56.300
Am I on the hook for that?

1087
01:08:56.300 --> 01:08:58.060
Even though I had them sign an agreement

1088
01:08:58.060 --> 01:08:59.939
that they're responsible to get the permission from them.

1089
01:08:59.939 --> 01:09:00.779
All right.

1090
01:09:00.779 --> 01:09:02.020
And I have all my legal things square.

1091
01:09:02.020 --> 01:09:04.460
This is interesting because I felt very strong

1092
01:09:04.460 --> 01:09:05.660
in the spirit earlier today

1093
01:09:05.660 --> 01:09:07.660
that we were going to talk about indemnification.

1094
01:09:07.660 --> 01:09:08.540
And now I know why.

1095
01:09:08.540 --> 01:09:10.340
We're like at the end and I'm like,

1096
01:09:10.340 --> 01:09:12.740
we haven't talked about indemnification yet.

1097
01:09:12.740 --> 01:09:14.020
Now I know why.

1098
01:09:14.899 --> 01:09:15.740
Okay.

1099
01:09:15.740 --> 01:09:18.939
So Miguel just asked a real practical

1100
01:09:18.939 --> 01:09:20.460
and important question.

1101
01:09:20.460 --> 01:09:21.779
You're representing a client.

1102
01:09:21.779 --> 01:09:24.540
Client says to you, I've got permission to use these logos.

1103
01:09:24.540 --> 01:09:26.660
You're like, okay, I want to see in writing,

1104
01:09:26.660 --> 01:09:30.380
you know, that you're saying that I can use these logos

1105
01:09:30.380 --> 01:09:31.220
in my project.

1106
01:09:31.220 --> 01:09:32.859
And they're like, yeah, sure.

1107
01:09:32.859 --> 01:09:34.779
No problem, right?

1108
01:09:34.779 --> 01:09:37.620
So that's kind of like somebody robs a bank.

1109
01:09:37.620 --> 01:09:38.899
I'm not saying your clients have done this.

1110
01:09:38.899 --> 01:09:41.180
I'm just saying, just imagine this scenario.

1111
01:09:41.180 --> 01:09:42.580
Somebody robs a bank.

1112
01:09:42.620 --> 01:09:44.180
Then they come and they knock on your car

1113
01:09:44.180 --> 01:09:46.340
and you hear the alarm going off and everything, right?

1114
01:09:46.340 --> 01:09:47.420
And they're like, hey.

1115
01:09:47.420 --> 01:09:48.740
And you're like, yeah, yeah, yeah.

1116
01:09:48.740 --> 01:09:49.580
What's going on?

1117
01:09:49.580 --> 01:09:50.580
Hey, can you give me a lift?

1118
01:09:50.580 --> 01:09:53.300
And they've got like a bag and money's falling out of it.

1119
01:09:53.300 --> 01:09:55.620
And they're like, hey, can you give me a lift

1120
01:09:55.620 --> 01:09:56.540
to the train station?

1121
01:09:56.540 --> 01:10:00.020
And you're like, do you have permission to have that?

1122
01:10:00.000 --> 01:10:03.920
bag with all the money in it. They're like, Yeah, okay, come

1123
01:10:03.920 --> 01:10:08.000
on in. And now you drive to the train station, police pull you

1124
01:10:08.000 --> 01:10:11.320
over. And you're like, and the person's in the police says,

1125
01:10:11.320 --> 01:10:14.160
like, you're arrested. And you go, Well, why am I arrested?

1126
01:10:14.160 --> 01:10:18.120
Like, I do is drive him. They're like, Well, he robbed the bank.

1127
01:10:18.120 --> 01:10:19.760
And you're like, Well, how am I supposed to know he robbed the

1128
01:10:19.760 --> 01:10:22.560
bank. So now they do an assessment. They'd start

1129
01:10:22.560 --> 01:10:25.120
analyzing things. They're like, Well, oh, he had a bag, there

1130
01:10:25.120 --> 01:10:27.760
was money, there was an alarm going off. Yeah, you're kind of

1131
01:10:27.760 --> 01:10:31.120
toast. But let's detach it a little bit, right? So we start

1132
01:10:31.120 --> 01:10:34.160
taking away the alarm. Now you just see a big bag running out

1133
01:10:34.160 --> 01:10:38.160
of a bank. Like it's just the assessment that's done. You

1134
01:10:38.160 --> 01:10:41.000
want to make it as clean as possible. So if your client says

1135
01:10:41.000 --> 01:10:46.040
to you, Hey, look, I've got permission to use these logos.

1136
01:10:46.400 --> 01:10:49.800
What I would do, I would ask to see that permission. Now some

1137
01:10:49.800 --> 01:10:52.480
of you may say I can't do that, then they're never gonna work

1138
01:10:52.480 --> 01:10:56.240
for me. I understand. Right now we go into the business

1139
01:10:56.240 --> 01:10:59.400
assessment area that we talked about earlier. Remember how I

1140
01:10:59.400 --> 01:11:02.120
told you there's like the legally sound way to do it. And

1141
01:11:02.120 --> 01:11:06.320
then there's like a business way where you're kind of like, can I

1142
01:11:06.320 --> 01:11:10.240
ask my client for the permission because I know that if I'm

1143
01:11:10.240 --> 01:11:15.120
displaying their logos, I can be sued myself. Because it's it's

1144
01:11:15.120 --> 01:11:20.920
like this is fruit from a poisonous vine, essentially. And

1145
01:11:20.920 --> 01:11:23.600
you're you may not have been the one that plucked it, but you're

1146
01:11:23.600 --> 01:11:26.600
the one that's eating it. And so regardless of whether you

1147
01:11:26.600 --> 01:11:30.200
plucked it, or you ate it, you're having the same effect.

1148
01:11:30.560 --> 01:11:34.720
Right? And so you're using a trademark, you're creating

1149
01:11:34.720 --> 01:11:38.200
something that's trademark infringement. Okay, now there's

1150
01:11:38.200 --> 01:11:42.320
a thing called indemnification. Somebody type in the chat the

1151
01:11:42.320 --> 01:11:47.360
word indemnification. We'll see who can actually spell that. So

1152
01:11:47.400 --> 01:11:51.560
indemnification. I'll wait till at least one person types

1153
01:11:51.560 --> 01:11:55.480
indemnification. Yeah, I'll check these days. Man, was it

1154
01:11:55.480 --> 01:11:58.240
really that easy? Yeah, I guess it wasn't that I'll check spell

1155
01:11:58.240 --> 01:12:01.280
check. That's good. You guys got it indemnification. Okay, yeah,

1156
01:12:01.280 --> 01:12:05.600
is the only honest one here. I get it and she went like went

1157
01:12:05.600 --> 01:12:10.960
for it. So this is the way indemnification works. Please be

1158
01:12:10.960 --> 01:12:16.200
careful here like big alert. If you're if you're doing something

1159
01:12:16.200 --> 01:12:20.720
under the conditions of an indemnification. Be careful,

1160
01:12:20.720 --> 01:12:24.600
please. Because what that means is that you're already guilty.

1161
01:12:25.480 --> 01:12:29.360
All right. If you're relying upon being indemnified by a

1162
01:12:29.360 --> 01:12:32.000
number of another party, I'll explain what indemnification is

1163
01:12:32.000 --> 01:12:36.160
in a second. But if you're relying upon the indemnification

1164
01:12:36.160 --> 01:12:41.320
of another party, you're already guilty. Okay. So this is what

1165
01:12:41.320 --> 01:12:45.240
indemnification means. indemnification is a condition

1166
01:12:45.280 --> 01:12:50.200
of an agreement that says that if you're held liable for doing

1167
01:12:50.200 --> 01:12:54.320
something that you were hired to do, the party that hired you

1168
01:12:54.720 --> 01:13:00.760
will pick up the legal fees for you. All right. And we'll like

1169
01:13:01.560 --> 01:13:04.960
they'll provide legal services. There's a bunch is usually a

1170
01:13:04.960 --> 01:13:07.400
bunch of conditions that you that are added to that meaning

1171
01:13:07.400 --> 01:13:12.120
like they'll provide legal counsel as long as you are okay

1172
01:13:12.120 --> 01:13:15.560
with that legal counsel, you know, and you have the ability

1173
01:13:15.560 --> 01:13:20.840
to defend yourself separately, if you so choose. But then they

1174
01:13:20.840 --> 01:13:23.200
have to approve that legal counsel and they have to pick up

1175
01:13:23.200 --> 01:13:26.480
the bill. There's all sorts of like conditions associated with

1176
01:13:26.480 --> 01:13:30.640
indemnification. But the general gist of indemnification is you're

1177
01:13:30.640 --> 01:13:34.480
doing what you were called to do by the party, and then you get

1178
01:13:34.480 --> 01:13:40.280
sued. And the party says, because of this indemnification, we're

1179
01:13:40.280 --> 01:13:43.160
going to pick up your legal fees, right? We're they're

1180
01:13:43.160 --> 01:13:47.000
essentially saying we're liable for you getting sued for doing

1181
01:13:47.000 --> 01:13:50.840
what we asked you to do. Here's the problem that now some of you

1182
01:13:50.840 --> 01:13:54.760
might think, well, that's great. Like, I like that idea. Here's a

1183
01:13:54.760 --> 01:13:58.640
problem with indemnification. Okay. Number one, you've been

1184
01:13:58.640 --> 01:14:04.320
sued. That's number one. Okay. And it's public record. That

1185
01:14:04.320 --> 01:14:07.880
means now the public knows that your company has been sued.

1186
01:14:07.880 --> 01:14:11.200
That's number one. Okay. Some of you may care about that some of

1187
01:14:11.200 --> 01:14:18.760
you may not. Number two. The indemnification is only as good

1188
01:14:18.840 --> 01:14:24.640
as the one who provided it. What does that mean? You get hired by

1189
01:14:24.640 --> 01:14:29.760
a company that makes half a million dollars a year in a $20

1190
01:14:29.760 --> 01:14:33.040
million lawsuit. I don't care what the indemnification means

1191
01:14:33.040 --> 01:14:35.720
they can't afford it anyway. They're basically going to file

1192
01:14:35.720 --> 01:14:38.960
for bankruptcy because they can't fulfill the conditions of

1193
01:14:38.960 --> 01:14:43.000
the agreement. Start up another business doing the same thing.

1194
01:14:43.120 --> 01:14:46.200
And now you've got to pay the $20 million out of your pocket,

1195
01:14:46.520 --> 01:14:50.200
because they didn't fulfill their requirement. So

1196
01:14:50.240 --> 01:14:55.920
indemnifications, while they sound great, when you try to

1197
01:14:55.920 --> 01:14:58.040
enforce them, you got to look at who's giving you an

1198
01:14:58.040 --> 01:15:00.080
indemnification. Like if Microsoft

1199
01:15:00.000 --> 01:15:02.640
office give you an indemnification, they've got money.

1200
01:15:02.640 --> 01:15:05.200
Like, I'm not worried about that, right?

1201
01:15:05.200 --> 01:15:06.640
You know, that's not a big deal.

1202
01:15:06.640 --> 01:15:10.560
But if ABC mom and pop shop is saying,

1203
01:15:10.560 --> 01:15:14.240
oh, I'll give you an indemnification for using that name.

1204
01:15:14.240 --> 01:15:16.960
And you're like, well, mom and pop shop,

1205
01:15:16.960 --> 01:15:19.560
you make 150,000 a year.

1206
01:15:19.560 --> 01:15:22.600
A patent infringement issue is gonna cost me

1207
01:15:22.600 --> 01:15:24.280
5 million just to litigate.

1208
01:15:24.280 --> 01:15:26.200
You can't afford to indemnify me.

1209
01:15:27.080 --> 01:15:27.920
See what I mean?

1210
01:15:28.560 --> 01:15:31.680
Don't think just because there's an indemnification clause

1211
01:15:31.680 --> 01:15:34.960
that life is great.

1212
01:15:34.960 --> 01:15:38.200
That's not the case, okay?

1213
01:15:38.200 --> 01:15:40.840
So I just wanted to start out with that

1214
01:15:40.840 --> 01:15:43.760
because now I understand why I was gonna talk

1215
01:15:43.760 --> 01:15:44.760
about indemnification.

1216
01:15:44.760 --> 01:15:46.560
We were down to the wire and I didn't see anything.

1217
01:15:46.560 --> 01:15:49.520
So Miguel, going back to your question,

1218
01:15:49.520 --> 01:15:50.920
I gave you some insight.

1219
01:15:50.920 --> 01:15:53.200
Why don't you just kind of reword your question now

1220
01:15:53.200 --> 01:15:55.280
based on what I gave you.

1221
01:15:55.280 --> 01:15:56.920
Just give me your question again.

1222
01:15:58.560 --> 01:16:01.800
I think you've answered my question already.

1223
01:16:01.800 --> 01:16:02.640
I asked-

1224
01:16:02.640 --> 01:16:03.480
I just wanna make sure.

1225
01:16:03.480 --> 01:16:07.480
I asked if a client tells me,

1226
01:16:07.480 --> 01:16:11.400
hey, you're good to use this logo, right?

1227
01:16:11.400 --> 01:16:16.080
Because my buddy over here or whoever said yes,

1228
01:16:16.080 --> 01:16:17.080
I can use it.

1229
01:16:18.280 --> 01:16:19.280
So what are you gonna do?

1230
01:16:19.280 --> 01:16:20.760
So what's the answer now?

1231
01:16:20.760 --> 01:16:23.680
The answer is get that.

1232
01:16:23.680 --> 01:16:25.960
I have to have them provide that in writing.

1233
01:16:25.960 --> 01:16:29.240
Let me see the in writing that you've approved.

1234
01:16:29.240 --> 01:16:30.880
The whole thing is like, again, the business sense,

1235
01:16:30.880 --> 01:16:32.280
like now I gotta read those agreements

1236
01:16:32.280 --> 01:16:35.040
and see what exactly they got approval to use for.

1237
01:16:35.040 --> 01:16:37.240
Yeah, and that's difficult, right?

1238
01:16:37.240 --> 01:16:38.080
Because now you're trying to-

1239
01:16:38.080 --> 01:16:39.880
Then I have to ask a lawyer to interpret

1240
01:16:39.880 --> 01:16:41.920
what did they get approval for, right?

1241
01:16:41.920 --> 01:16:44.200
So it's a, but I get like,

1242
01:16:44.200 --> 01:16:46.320
at least have it in writing as a minimum.

1243
01:16:46.320 --> 01:16:47.520
Like, do you have it in writing?

1244
01:16:47.520 --> 01:16:52.200
And that's a step closer to somebody told you, right?

1245
01:16:52.200 --> 01:16:53.480
Here's the problem.

1246
01:16:53.480 --> 01:16:54.840
I mean, here's the problem.

1247
01:16:55.000 --> 01:16:57.920
And this is why what I would do on your behalf

1248
01:16:57.920 --> 01:16:59.520
is I would actually have an agreement.

1249
01:16:59.520 --> 01:17:03.000
I would create an agreement on behalf of your company itself

1250
01:17:03.000 --> 01:17:04.360
when you're working with others

1251
01:17:04.360 --> 01:17:06.840
that actually provides conditions.

1252
01:17:06.840 --> 01:17:11.040
It says that, you're hiring us is conditioned upon

1253
01:17:11.040 --> 01:17:13.960
you're having the rights to utilize any materials

1254
01:17:13.960 --> 01:17:18.960
that you provide to us and you hereby give us a sub license

1255
01:17:19.800 --> 01:17:24.120
or you hereby provide us with a license or sub license

1256
01:17:24.120 --> 01:17:27.000
to that material that you have a license to.

1257
01:17:27.000 --> 01:17:30.680
You also agree to indemnify us of any infringement

1258
01:17:31.600 --> 01:17:36.600
that we're held liable for based on any work

1259
01:17:38.320 --> 01:17:40.560
that I'm doing on your behalf.

1260
01:17:41.800 --> 01:17:44.760
Like I would add conditions in your own agreement.

1261
01:17:44.760 --> 01:17:47.120
I wouldn't just sign off on somebody else's.

1262
01:17:47.120 --> 01:17:48.800
I would list that.

1263
01:17:48.800 --> 01:17:51.240
And then if they come out to you and they say,

1264
01:17:51.240 --> 01:17:53.840
let's say there's a major client of theirs, Nike,

1265
01:17:54.520 --> 01:17:56.200
and they say, oh yeah, we have rights from Nike.

1266
01:17:56.200 --> 01:17:57.280
I'd ask them for it.

1267
01:17:58.280 --> 01:17:59.920
I say, can you please show that to me?

1268
01:17:59.920 --> 01:18:03.920
Because what you're asking me to do is you're asking me

1269
01:18:03.920 --> 01:18:07.680
to be the party who is responsible for providing material

1270
01:18:07.680 --> 01:18:09.800
that's gonna be publicly available,

1271
01:18:09.800 --> 01:18:14.680
having the logo of a major, major, major corporation,

1272
01:18:14.680 --> 01:18:16.560
you know, where I'm gonna have a target on me.

1273
01:18:16.560 --> 01:18:18.720
Now I want to do that.

1274
01:18:18.720 --> 01:18:20.120
I have zero problem doing that,

1275
01:18:20.120 --> 01:18:21.720
but I gotta make sure, you know,

1276
01:18:21.760 --> 01:18:24.520
for purposes of doing work going forward

1277
01:18:24.520 --> 01:18:27.920
that I'm honoring the party who owns the trademark.

1278
01:18:27.920 --> 01:18:30.560
And what I would do is in that message to them,

1279
01:18:30.560 --> 01:18:33.720
I would say the same way that I would honor you.

1280
01:18:33.720 --> 01:18:35.160
That's what I would say.

1281
01:18:35.160 --> 01:18:37.080
See, that's the way you're taking it away from,

1282
01:18:37.080 --> 01:18:39.160
I just don't wanna be liable.

1283
01:18:39.160 --> 01:18:41.360
It's like, no, there's a liability side,

1284
01:18:41.360 --> 01:18:44.760
but there's also being seen in the public

1285
01:18:44.760 --> 01:18:48.120
as somebody who is reputable, that's honorable,

1286
01:18:48.120 --> 01:18:50.680
that works under, you know, certain dignity.

1287
01:18:51.560 --> 01:18:55.960
And so that's the reputation you want.

1288
01:18:55.960 --> 01:18:58.240
And so the way that you do that in your message to them

1289
01:18:58.240 --> 01:19:01.080
is you say the same way that I would honor any logo

1290
01:19:01.080 --> 01:19:03.440
that you have.

1291
01:19:03.440 --> 01:19:04.880
So if somebody came to me and said,

1292
01:19:04.880 --> 01:19:08.600
hey, I'm providing services for, and you say their name,

1293
01:19:08.600 --> 01:19:11.320
I would say to them, before I use your logo,

1294
01:19:11.320 --> 01:19:13.560
I wanna see that you actually provided permission

1295
01:19:13.560 --> 01:19:15.800
to use that, you know?

1296
01:19:15.800 --> 01:19:17.400
I'm honoring all parties.

1297
01:19:17.400 --> 01:19:19.000
And at the same time,

1298
01:19:19.000 --> 01:19:21.360
I'm making sure we don't have personal liability.

1299
01:19:21.360 --> 01:19:25.240
So Peter, if someone did get that verbally approved

1300
01:19:25.240 --> 01:19:27.440
at some point and in their best interest,

1301
01:19:27.440 --> 01:19:28.960
they did not know what they were doing

1302
01:19:28.960 --> 01:19:30.640
because someone told them yes to use it

1303
01:19:30.640 --> 01:19:34.080
and the company so-and-so reaches out,

1304
01:19:34.080 --> 01:19:37.240
sees their logo, right, on this website somewhere.

1305
01:19:37.240 --> 01:19:39.200
Like, hey, I've worked with these companies, right?

1306
01:19:39.200 --> 01:19:40.680
And this is one of the logos.

1307
01:19:40.680 --> 01:19:42.360
Like, I've worked with these companies, right?

1308
01:19:42.360 --> 01:19:43.720
It's a classic done by experts.

1309
01:19:43.720 --> 01:19:45.440
Like, I've worked with so-and-so-and-so.

1310
01:19:45.440 --> 01:19:47.760
So like, then they reach out.

1311
01:19:48.280 --> 01:19:52.320
Are they, like, liable economically at first instance?

1312
01:19:52.320 --> 01:19:54.040
Like, when they get the notification,

1313
01:19:54.040 --> 01:19:56.320
they're already liable for whatever damages are?

1314
01:19:56.320 --> 01:19:58.480
Or do they get one chance to remove it?

1315
01:19:58.480 --> 01:19:59.840
We gotta break this down.

1316
01:20:00.000 --> 01:20:01.360
So piece by piece, right?

1317
01:20:01.360 --> 01:20:04.840
So, well, let me answer your question first, all right?

1318
01:20:04.840 --> 01:20:06.560
This get a chance to remove it

1319
01:20:06.560 --> 01:20:08.960
depends upon the party who owns the IP.

1320
01:20:08.960 --> 01:20:09.800
Got it.

1321
01:20:09.800 --> 01:20:12.480
I have clients that give zero chances.

1322
01:20:12.480 --> 01:20:13.320
Got it.

1323
01:20:13.320 --> 01:20:15.360
And then I, although I tend to get rid of those clients

1324
01:20:15.360 --> 01:20:16.740
cause I don't like the way they do business.

1325
01:20:16.740 --> 01:20:19.000
But anyways, I have clients that do,

1326
01:20:19.000 --> 01:20:21.640
like I had a client who literally would send

1327
01:20:21.640 --> 01:20:24.880
a cease and desist and requirement for $2,500 immediately

1328
01:20:24.880 --> 01:20:26.040
or he would sue you.

1329
01:20:26.040 --> 01:20:29.200
Now, when he started out, when he first met with me,

1330
01:20:29.200 --> 01:20:30.760
people were copying his website.

1331
01:20:30.760 --> 01:20:32.980
So he said, how do we stop people from copying the website?

1332
01:20:32.980 --> 01:20:35.440
I said, file a federal copyright application.

1333
01:20:35.440 --> 01:20:36.480
We filed it.

1334
01:20:36.480 --> 01:20:38.320
I said, now let's send cease and desist letters

1335
01:20:38.320 --> 01:20:39.440
to people that are doing it.

1336
01:20:39.440 --> 01:20:40.280
We did.

1337
01:20:40.280 --> 01:20:41.840
He said, well, I want to get reimbursed

1338
01:20:41.840 --> 01:20:43.360
for the money that I'm spending on you.

1339
01:20:43.360 --> 01:20:46.320
I said, okay, well, why don't you ask for $2,500,

1340
01:20:46.320 --> 01:20:48.880
you know, and see if they'll send some money

1341
01:20:48.880 --> 01:20:50.400
associated with the legal fee.

1342
01:20:50.400 --> 01:20:53.040
This was for the first one, sent it out.

1343
01:20:53.040 --> 01:20:55.040
He received $2,500.

1344
01:20:55.040 --> 01:20:57.020
He said, oh my gosh, that worked really well.

1345
01:20:57.020 --> 01:20:58.640
I said, yeah, that's what it's supposed to do.

1346
01:20:59.040 --> 01:21:01.200
He says, all right, well, I've got these other 12 companies

1347
01:21:01.200 --> 01:21:03.120
that are copying material.

1348
01:21:03.120 --> 01:21:03.960
I said, okay, great.

1349
01:21:03.960 --> 01:21:05.240
He says, let's send the same letter.

1350
01:21:05.240 --> 01:21:08.400
I said, well, I'm just copying the letter.

1351
01:21:09.400 --> 01:21:11.640
Like I'm just, I'm changing the party.

1352
01:21:11.640 --> 01:21:15.160
So it really isn't $2,500 worth of legal fees.

1353
01:21:15.160 --> 01:21:18.760
He says, yeah, but so what, just list 2,500.

1354
01:21:18.760 --> 01:21:21.180
I was like, well, hold it.

1355
01:21:21.180 --> 01:21:23.620
You say in the letter, you're asking for reimbursement

1356
01:21:23.620 --> 01:21:26.280
for your legal fees, but your legal fees are like 500 bucks.

1357
01:21:26.280 --> 01:21:28.440
Now they're not 2,500.

1358
01:21:29.240 --> 01:21:30.920
He says, well, let's do like one or two more.

1359
01:21:30.920 --> 01:21:32.460
I'm sure there's gonna be some legal stuff

1360
01:21:32.460 --> 01:21:33.300
associated with it.

1361
01:21:33.300 --> 01:21:34.720
So we did one or two more.

1362
01:21:34.720 --> 01:21:36.600
And then he says, every one of them is 2,500.

1363
01:21:36.600 --> 01:21:38.620
I said, I can't work with you anymore.

1364
01:21:38.620 --> 01:21:39.640
And he's like, but why?

1365
01:21:39.640 --> 01:21:40.480
I don't understand.

1366
01:21:40.480 --> 01:21:41.600
You're doing what I hired you to do.

1367
01:21:41.600 --> 01:21:45.240
I said, yeah, but you changed from trying to be reconciled

1368
01:21:45.240 --> 01:21:47.240
for something that was wrong

1369
01:21:47.240 --> 01:21:50.480
to trying to make a business on suing everybody

1370
01:21:50.480 --> 01:21:52.080
when a lot of these people don't understand

1371
01:21:52.080 --> 01:21:54.040
what copyright law is anyway.

1372
01:21:54.040 --> 01:21:56.160
You know, now, if you wanna send a cease and desist letter

1373
01:21:56.160 --> 01:21:59.000
and ask for a thousand, I'm okay with that.

1374
01:21:59.000 --> 01:22:02.200
But you're doing 2,500 and some of them you want 4,500.

1375
01:22:02.200 --> 01:22:03.720
I'm like, for what?

1376
01:22:03.720 --> 01:22:05.520
You just turned this into a business.

1377
01:22:05.520 --> 01:22:06.960
This is not trying to help you.

1378
01:22:06.960 --> 01:22:08.560
This is a business now.

1379
01:22:08.560 --> 01:22:10.120
And so I let him go as a client.

1380
01:22:10.120 --> 01:22:12.880
So all of that to basically say to you,

1381
01:22:12.880 --> 01:22:14.280
it's up to the IP owner.

1382
01:22:14.280 --> 01:22:16.160
The IP owner may come out to you and say,

1383
01:22:16.160 --> 01:22:19.640
hey, just change it.

1384
01:22:19.640 --> 01:22:22.340
And you go, I'm so sorry, I changed it.

1385
01:22:22.340 --> 01:22:25.940
Or you might find out on the backend of a lawsuit.

1386
01:22:27.060 --> 01:22:29.700
Literally, you open the mail.

1387
01:22:29.700 --> 01:22:30.780
Actually, you wouldn't open the mail.

1388
01:22:30.780 --> 01:22:33.220
You'd have somebody knock on your door.

1389
01:22:33.220 --> 01:22:34.500
You'd open the door.

1390
01:22:34.500 --> 01:22:36.220
It'd be an officer of the law usually,

1391
01:22:36.220 --> 01:22:39.260
because they're usually the ones that are doing service.

1392
01:22:39.260 --> 01:22:40.780
You're like, what's going on?

1393
01:22:40.780 --> 01:22:43.020
And they're like, are you such and such?

1394
01:22:43.020 --> 01:22:46.580
And you're like, yes, you've hereby been served

1395
01:22:46.580 --> 01:22:49.580
for infringement of blah, blah, blah.

1396
01:22:49.580 --> 01:22:50.420
And you're like, what?

1397
01:22:50.420 --> 01:22:51.740
And you open it up and you were just sued

1398
01:22:52.100 --> 01:22:53.980
in federal district court for trademark infringement

1399
01:22:53.980 --> 01:22:55.900
or patent infringement or copyright infringement.

1400
01:22:55.900 --> 01:22:57.780
So it depends upon the trademark owner

1401
01:22:57.780 --> 01:22:59.260
or it depends upon the IP owner.

1402
01:22:59.260 --> 01:23:00.660
They could do whatever they want.

1403
01:23:00.660 --> 01:23:03.340
This is the beauty of owning IP.

1404
01:23:03.340 --> 01:23:05.180
I can be as sweet as I want to Bonnie

1405
01:23:05.180 --> 01:23:07.360
or as mean as I want to somebody else.

1406
01:23:08.940 --> 01:23:09.980
That's the beauty of it.

1407
01:23:09.980 --> 01:23:12.100
So, Ray, you raised your hand earlier.

1408
01:23:13.340 --> 01:23:16.940
Yeah, I was curious on the indemnification conditions,

1409
01:23:18.280 --> 01:23:21.180
how that works internationally when it comes to enforcing.

1410
01:23:21.860 --> 01:23:25.060
Well, you can only enforce based on the law in a country,

1411
01:23:25.060 --> 01:23:26.660
right, in a specific country.

1412
01:23:26.660 --> 01:23:29.940
So let's say that you're in the United Kingdom, right?

1413
01:23:29.940 --> 01:23:31.300
You need to determine whether or not

1414
01:23:31.300 --> 01:23:33.700
the indemnification agreements are honored

1415
01:23:33.700 --> 01:23:35.240
in the United Kingdom.

1416
01:23:35.240 --> 01:23:37.100
And there may be specific language

1417
01:23:37.100 --> 01:23:39.060
that needs to be used in that country.

1418
01:23:39.060 --> 01:23:41.980
That's why everybody's in the protection portal here

1419
01:23:41.980 --> 01:23:44.300
has access to my foreign agents.

1420
01:23:44.300 --> 01:23:46.780
That's literally part of the reason why I did this,

1421
01:23:46.780 --> 01:23:49.860
because if we're doing business in another country,

1422
01:23:49.860 --> 01:23:51.460
we may have an indemnification

1423
01:23:51.460 --> 01:23:54.300
that's enforced in that country, right?

1424
01:23:54.300 --> 01:23:57.340
So let's say that I'm working with somebody out of Germany.

1425
01:23:57.340 --> 01:24:00.580
And so my agreement with them

1426
01:24:00.580 --> 01:24:04.500
maybe have to be enforced subject to the laws of Germany.

1427
01:24:04.500 --> 01:24:07.140
Well, then I'm gonna call up like one of the guys

1428
01:24:07.140 --> 01:24:09.340
I know from Beats and Partner and say,

1429
01:24:09.340 --> 01:24:12.040
hey, here's my agreement in the US.

1430
01:24:12.040 --> 01:24:14.740
Can you review this to see if we need to modify this

1431
01:24:14.740 --> 01:24:16.620
based on German law?

1432
01:24:16.620 --> 01:24:19.460
And they may say, no, all that works here.

1433
01:24:20.060 --> 01:24:20.900
Or like in Germany,

1434
01:24:20.900 --> 01:24:22.940
employees have way more rights

1435
01:24:22.940 --> 01:24:24.700
than they have in the United States.

1436
01:24:24.700 --> 01:24:28.260
Exponentially more rights, like ownership rights

1437
01:24:28.260 --> 01:24:31.220
and like inventions and all sorts of things.

1438
01:24:31.220 --> 01:24:33.620
Like you can't just get rid of employees

1439
01:24:33.620 --> 01:24:35.900
like in some foreign countries

1440
01:24:35.900 --> 01:24:37.620
when it comes to rights for IP.

1441
01:24:37.620 --> 01:24:38.620
While in the United States,

1442
01:24:38.620 --> 01:24:40.400
you can do certain things a lot easier.

1443
01:24:40.400 --> 01:24:43.660
So you need to speak to an agent in that country.

1444
01:24:43.660 --> 01:24:45.500
Canada is almost exactly the same.

1445
01:24:45.500 --> 01:24:48.300
They're very, very similar.

1446
01:24:48.300 --> 01:24:49.940
All right, I'm gonna take one more question

1447
01:24:49.940 --> 01:24:51.260
and then I think we'll close.

1448
01:24:51.260 --> 01:24:52.100
Hey, Heather.

1449
01:24:53.380 --> 01:24:54.980
Is it like minus 20 over there?

1450
01:24:54.980 --> 01:24:56.740
Over there, is that like?

1451
01:24:56.740 --> 01:24:58.660
Oh, hello.

1452
01:24:58.660 --> 01:25:00.100
Actually, I'm in Seattle.

1453
01:25:00.000 --> 01:25:11.840
right now. I pick up my dogs and heading back to Alaska on Friday. Wow, poor dog. I know right.

1454
01:25:11.840 --> 01:25:16.560
I'm gonna have to get little booties for him so they can. I tried that for my dogs. They just

1455
01:25:16.560 --> 01:25:22.240
attack them and shred them. They don't. I know right. Does anybody else have any questions

1456
01:25:22.240 --> 01:25:31.840
before we close? I just want to see. Rick is moving in. No, I saw Rick moving in. He moved

1457
01:25:31.840 --> 01:25:39.680
his seat. Now he's forward. Now he's going to unmute and ask his question. There you go. Go ahead.

1458
01:25:41.120 --> 01:25:45.440
Let's see if the technology is working. Am I coming through? Hey, can hear you great. How

1459
01:25:45.440 --> 01:25:53.680
you doing, buddy? So quick question then. Is an email from, okay, backstory. Local artist in

1460
01:25:53.680 --> 01:26:01.040
Memphis agreed to let me use a bit of his music in a podcast for another client. We give him credit

1461
01:26:01.040 --> 01:26:05.120
at the end. Hey, make sure you see this band in concert. They're playing weekly on Beale Street.

1462
01:26:06.160 --> 01:26:10.480
He says, yes, it's okay. I double checked last week. Is this still okay? It's been a while. Yes,

1463
01:26:10.480 --> 01:26:17.920
it's great. Can I just get him to say in an email? Hey, great. Or do I have to get a document

1464
01:26:17.920 --> 01:26:22.720
from you saying the party of the first part agrees to the party of the second part and all that stuff?

1465
01:26:24.320 --> 01:26:29.360
Good question. The last thing I want is my client getting sued or me being caught in the middle.

1466
01:26:30.000 --> 01:26:32.560
Well, I mean, there's two things here, right? So there's,

1467
01:26:34.480 --> 01:26:39.280
is the party that I'm discussing things or negotiating with saying that they have rights

1468
01:26:39.280 --> 01:26:45.600
from another party. That's one part. But then the second part is the second question is what

1469
01:26:45.600 --> 01:26:51.120
kind of form does the agreement have to be in? Like what do agreements have to be in physical

1470
01:26:51.120 --> 01:27:01.360
writing or agreements by email acceptable? That's a very interesting question. It really has to do

1471
01:27:01.360 --> 01:27:08.080
a lot with contract law more than IP law because we're talking about enforcement of contracts. This

1472
01:27:08.080 --> 01:27:16.480
is why you see when you electronically sign agreements now, they'll send you this ability

1473
01:27:16.480 --> 01:27:21.760
to electronically sign a document as opposed to it just being an email that comes across.

1474
01:27:21.760 --> 01:27:26.720
You'll see like it's a form with an agreement. And then you have to click here to add your

1475
01:27:26.720 --> 01:27:32.960
initials or click here to sign. Everybody did that for, I believe, I believe in a hundred

1476
01:27:32.960 --> 01:27:41.360
actually guys had to do that too. So is an email enough to be enforceable?

1477
01:27:43.840 --> 01:27:51.520
Basically an agreement is something that has consideration. Consideration means that

1478
01:27:51.520 --> 01:27:56.080
one party is paying something for what they're receiving. That's called consideration, right?

1479
01:27:56.880 --> 01:28:00.640
So that's what an agreement is. Agreement has consideration. It identifies parties and

1480
01:28:00.640 --> 01:28:05.200
identifies what's actually provided between the parties. Can an email do that?

1481
01:28:07.360 --> 01:28:11.600
I mean, technically an email could do that. You can write on a napkin in agreement.

1482
01:28:12.400 --> 01:28:16.480
Like I can write on a piece, like we could be at a bar and I could write on a piece of paper,

1483
01:28:17.040 --> 01:28:23.600
you know, Peter hereby gives his Jeep Grand Cherokee Overland Summit to Rick

1484
01:28:23.680 --> 01:28:31.360
Tarrant for $1 and I sign it and I hand it to you. That tissue now is an agreement.

1485
01:28:32.000 --> 01:28:40.080
So yeah, I mean really anything in writing could be acceptable. My concern would more be,

1486
01:28:41.600 --> 01:28:47.040
honestly, would more be if I'm getting, if the person I'm talking to is saying they have rights

1487
01:28:47.040 --> 01:28:54.080
from a third party. That's where I run into a problem because now I'm relying upon their

1488
01:28:54.080 --> 01:29:00.560
veracity. I'm relying upon whether or not they truly have rights and, you know, they might be

1489
01:29:00.560 --> 01:29:07.200
mistaken. Maybe they weren't in the Protector Idea Challenge. Now they got problems. We have to save

1490
01:29:07.200 --> 01:29:12.560
them, you know? So that's why we're going to tell them about the February. No, I'm just kidding.

1491
01:29:12.560 --> 01:29:16.800
So this is why, you know, this is why you want to be careful about the other party.

1492
01:29:17.760 --> 01:29:22.080
So if another party is saying that they have permission, I would seek to get that in writing.

1493
01:29:23.200 --> 01:29:30.000
Do all agreements need to actually be a contract? Meaning like, you know, here's a PDF that has

1494
01:29:30.000 --> 01:29:39.040
signature by this party and that party. They should. You know, if I'm relying upon an email,

1495
01:29:40.000 --> 01:29:46.160
in that email, the elements of consideration are going to have to be expressed. The elements of

1496
01:29:46.160 --> 01:29:49.840
what's provided are going to have to be expressed. The parties are going to have to be expressed.

1497
01:29:50.400 --> 01:29:53.440
If I'm going that far in the email, I might as well have a separate agreement.

1498
01:29:55.120 --> 01:29:59.840
As opposed to, like, if I get an email from you, Rick, that says, hey, peace.

1499
01:30:00.000 --> 01:30:05.000
I can use the music from Candice.

1500
01:30:05.460 --> 01:30:07.200
I'll let you use it.

1501
01:30:07.200 --> 01:30:08.600
Catch you later.

1502
01:30:08.600 --> 01:30:11.000
That's not really an agreement.

1503
01:30:11.000 --> 01:30:12.640
It's not naming the consideration.

1504
01:30:12.640 --> 01:30:13.840
It's not naming the parties.

1505
01:30:13.840 --> 01:30:16.040
It's not making reference to the license at all.

1506
01:30:16.040 --> 01:30:19.440
It's just kind of saying, hey, I'm letting you use it.

1507
01:30:19.440 --> 01:30:20.280
Period.

1508
01:30:20.280 --> 01:30:22.960
There's no, the conditions that are required

1509
01:30:22.960 --> 01:30:25.840
for a contract are not in that email.

1510
01:30:25.840 --> 01:30:26.680
So you got a license.

1511
01:30:26.720 --> 01:30:28.400
It would need to at least say,

1512
01:30:28.400 --> 01:30:31.680
in exchange for a mention in the program,

1513
01:30:31.680 --> 01:30:35.440
I give you permission to use this song as a theme

1514
01:30:35.440 --> 01:30:38.720
in this particular podcast for this particular person

1515
01:30:38.720 --> 01:30:39.560
and nothing else.

1516
01:30:39.560 --> 01:30:41.720
Would that constitute an agreement?

1517
01:30:41.720 --> 01:30:42.560
Yeah, yeah.

1518
01:30:42.560 --> 01:30:43.600
I think that's helpful.

1519
01:30:43.600 --> 01:30:45.520
I think the other part to it is obviously

1520
01:30:45.520 --> 01:30:48.540
for them to make clear who gets rights, right?

1521
01:30:48.540 --> 01:30:49.640
Does that mean Rick gets rights

1522
01:30:49.640 --> 01:30:51.760
or does that mean that your company gets rights?

1523
01:30:51.760 --> 01:30:52.800
If it says you get rights,

1524
01:30:52.800 --> 01:30:55.480
that doesn't mean that your company can use it, right?

1525
01:30:55.480 --> 01:30:57.400
So it's, these are all things

1526
01:30:57.400 --> 01:30:59.460
that you want to kind of think about.

1527
01:31:01.280 --> 01:31:03.920
I mean, at the end of the day,

1528
01:31:03.920 --> 01:31:08.920
if somebody says, hey, Rick, I have rights to XYZ song.

1529
01:31:10.760 --> 01:31:12.960
I'm going to give you the rights to that

1530
01:31:12.960 --> 01:31:17.600
for the availability of being on your podcast.

1531
01:31:17.600 --> 01:31:21.800
And I'm going to give you rights for use on your podcast.

1532
01:31:21.800 --> 01:31:25.160
And you say, okay, got it.

1533
01:31:25.840 --> 01:31:28.640
The considerations there, they're listed.

1534
01:31:28.640 --> 01:31:30.500
It lists the podcast.

1535
01:31:31.560 --> 01:31:32.440
That's not bad.

1536
01:31:32.440 --> 01:31:34.160
I mean, that's not a bad situation.

1537
01:31:34.160 --> 01:31:36.120
I mean, when you look at enforcement, right?

1538
01:31:36.120 --> 01:31:38.480
Let's say all of a sudden they said,

1539
01:31:38.480 --> 01:31:39.320
I didn't give you permission.

1540
01:31:39.320 --> 01:31:41.520
Well, you got the email, right?

1541
01:31:41.520 --> 01:31:42.600
So now you have that.

1542
01:31:42.600 --> 01:31:44.080
The problem that I have with that, Rick,

1543
01:31:44.080 --> 01:31:45.240
is that they're making reference

1544
01:31:45.240 --> 01:31:47.320
to somebody else's copyrightable work.

1545
01:31:48.240 --> 01:31:51.120
No, this guy is, I mean, he is.

1546
01:31:51.120 --> 01:31:51.960
So it's his work.

1547
01:31:51.960 --> 01:31:52.780
He's the composer.

1548
01:31:52.780 --> 01:31:53.620
He's the, he recorded.

1549
01:31:53.620 --> 01:31:55.000
Oh, then that's a good situation.

1550
01:31:55.840 --> 01:31:56.680
Yeah, I like that.

1551
01:31:56.680 --> 01:31:57.500
Yeah, that's a better situation.

1552
01:31:57.500 --> 01:31:58.880
I just want to make sure that nothing could ever come back

1553
01:31:58.880 --> 01:32:01.360
on my client that I'm producing for.

1554
01:32:01.360 --> 01:32:03.000
Right, and that's why you want to have,

1555
01:32:03.000 --> 01:32:05.080
like have an attorney look at the email at least

1556
01:32:05.080 --> 01:32:07.360
to make sure that the conditions are there, right?

1557
01:32:07.360 --> 01:32:09.640
But in general for a contract,

1558
01:32:10.720 --> 01:32:12.840
in general for a contract,

1559
01:32:12.840 --> 01:32:15.360
you want to make sure the parties are listed.

1560
01:32:15.360 --> 01:32:17.160
You want to make sure that consideration,

1561
01:32:17.160 --> 01:32:18.840
the consideration is what's very important.

1562
01:32:18.840 --> 01:32:20.980
You can't have an agreement without consideration.

1563
01:32:20.980 --> 01:32:22.560
If I just say, Rick, I'm giving you this,

1564
01:32:22.560 --> 01:32:24.180
there's no consideration.

1565
01:32:24.660 --> 01:32:25.500
That's a gift.

1566
01:32:25.500 --> 01:32:26.660
That's not an agreement.

1567
01:32:26.660 --> 01:32:30.260
And so you want the consideration, you want the parties,

1568
01:32:30.260 --> 01:32:32.300
you want the conditions that are listed.

1569
01:32:32.300 --> 01:32:35.500
Like, does that mean you can continue using it forever

1570
01:32:35.500 --> 01:32:37.980
on your podcast or not, right?

1571
01:32:37.980 --> 01:32:40.080
So you might want to flush that stuff out.

1572
01:32:40.080 --> 01:32:41.260
Can you do it in an email?

1573
01:32:41.260 --> 01:32:44.820
Yeah, I mean, things can be done in emails.

1574
01:32:44.820 --> 01:32:49.560
It's just that what I tend to find

1575
01:32:49.560 --> 01:32:52.260
is the reason why people, take care, April.

1576
01:32:53.140 --> 01:32:55.740
The reason why people tend to ask, can I do it in an email?

1577
01:32:55.740 --> 01:32:57.900
Is because they didn't get everything upfront.

1578
01:32:57.900 --> 01:33:00.380
So now they're trying to look back and go,

1579
01:33:00.380 --> 01:33:02.020
did the email save me?

1580
01:33:02.020 --> 01:33:04.020
It's not, it's not because they're thinking,

1581
01:33:04.020 --> 01:33:06.180
well, as I go forward, I want to just use emails.

1582
01:33:06.180 --> 01:33:08.580
It's like, no, it's because what they have is the email.

1583
01:33:08.580 --> 01:33:11.220
So they're trying to figure out if that saves.

1584
01:33:11.220 --> 01:33:13.220
All right, and with that, I'm going to close.

1585
01:33:13.220 --> 01:33:14.420
It is 1 48.

1586
01:33:14.420 --> 01:33:16.500
So we're a little bit over, but we started late.

1587
01:33:16.500 --> 01:33:19.580
So does this help you guys?

1588
01:33:19.580 --> 01:33:21.540
Was this helpful today?

1589
01:33:21.540 --> 01:33:23.180
Good, I'm glad, I'm so glad.

1590
01:33:23.180 --> 01:33:25.460
It's so good seeing all of you guys.

1591
01:33:25.460 --> 01:33:30.460
We are rolling on the meetings, like on the audits.

1592
01:33:31.620 --> 01:33:33.340
They're happening, like they're rolling.

1593
01:33:33.340 --> 01:33:34.740
Like we're going to be having them

1594
01:33:34.740 --> 01:33:36.720
probably every other day now.

1595
01:33:38.720 --> 01:33:40.220
Ray, do we have one today too?

1596
01:33:41.460 --> 01:33:42.900
I have to check the calendar.

1597
01:33:42.900 --> 01:33:45.060
I don't think we have one today, tomorrow.

1598
01:33:45.060 --> 01:33:45.900
Yeah, so I know we have-

1599
01:33:45.900 --> 01:33:48.860
We get to meet with Julie tomorrow, April and Monday.

1600
01:33:48.860 --> 01:33:50.260
Check your emails.

1601
01:33:50.260 --> 01:33:51.620
There are things that we need

1602
01:33:51.620 --> 01:33:53.220
before we can schedule you guys

1603
01:33:53.220 --> 01:33:55.500
if you haven't been scheduled yet.

1604
01:33:55.500 --> 01:33:57.060
Yeah, so we can get those in.

1605
01:33:57.060 --> 01:33:59.700
I can get as many as I can before Christmastime

1606
01:33:59.700 --> 01:34:02.000
if you guys want that, or we can do it after.

1607
01:34:02.000 --> 01:34:05.240
Either way, but you want to use those

1608
01:34:05.240 --> 01:34:07.020
within three to six months.

1609
01:34:07.020 --> 01:34:08.980
That's the time period.

1610
01:34:08.980 --> 01:34:12.940
And I'm wondering if there's any other questions

1611
01:34:12.940 --> 01:34:15.220
or any other things, formalities.

1612
01:34:15.220 --> 01:34:17.100
Yeah, so all of you should have received

1613
01:34:17.100 --> 01:34:18.780
an engagement agreement from the law firm.

1614
01:34:18.780 --> 01:34:21.540
You need to sign off on that because it is legal advice.

1615
01:34:21.540 --> 01:34:23.200
You'll see when you're doing these meetings,

1616
01:34:23.200 --> 01:34:27.100
we go deep and there are legal assessments.

1617
01:34:27.100 --> 01:34:29.740
And so make sure you sign those, get them back to Ray.

1618
01:34:30.700 --> 01:34:33.640
And besides that, Merry Christmas to everybody.
