Today is kind of different in that we can cover anything you want.
I can hit any area of IP, patents, trademarks, copyrights, trade secrets, licensing, agreements,
you know, anything you want to hit.
I usually open that door on the last day.
I don't do that earlier because I always want to determine if I've covered the things that
I believe you're going to need, knowing who you are.
I like that background, Tonya.
Is that real?
You totally had me.
I was like, I like that background, that's classy.
So we can cover anything you want.
So let me go first to Michelle.
I just wanted to get your perspective on like AI with regard to like patent searches, like
AP, our ally, or like trademark searches using like husky AI to find like trademark searches,
like automatically, like AI comes through that website that you were showing us.
So you want to know whether you should use AI to do searching for you?
Is it?
Is that right?
Yeah.
To use AI to determine like, if it has already been, if something's already been, or if things
have already been trademarked.
Okay, so I think you said trademark searches.
So because you're fading in and out.
So all right, so I'm going to answer what I believe your question is, and if I'm wrong,
just say it again.
So I believe what you're asking is, did you use AI to do trademark searches?
So I think AI is phenomenal as a tool, but there's a few issues with artificial intelligence.
Number one, if you look at something like ChatGPT, ChatGPT's database is only accurate
up until 2001.
That's it.
They scraped data all the way up until 2001.
So that anything in 2002, 2003 is not going to show up.
Okay, so that, that in of itself could be an issue.
Separate use Husky AI or IP rally.
Yeah, there's, there's a ton of different ones.
Yeah.
You can most certainly do trademark searching there and just kind of look, but I can tell
you, I know a number of lawyers who have actually used it for that purpose and they've missed
a lot of stuff.
So what I would say is if you're using any of these tools, use them as just that, like
a tool, but don't feel like you can rely entirely on them.
The United States patent trademark website is a little better, obviously because the
USPTO actually has the records there, ChatGPT and some of the other AI bots scrape the data
from them.
So they're not as accurate as the original source.
And separately, you're at the mercy of the search engine and the actual prompts that
you type in, right?
If you type in a prompt, that's not highly accurate, then you're not going to get the
right results.
So what I would say is go ahead and use it, but then use other things too, right?
So go ahead and use it.
Feel free to use.
I use all sorts of different stuff.
One of the things that I, that I'll do is I'll actually have a, I'll have a video conference
that is not private, not confidential.
I'll take the video, upload it into Otter AI, get the transcript, ask for a summary
from Otter AI, use the trans, the transcribed summary, upload the summary into ChatGPT and
ask for like the top five most important issues in that summary.
And I'll ask ChatGPT to take the position of being the CEO of ABC Corporation.
If we have an email that we want to send to the employees that is going to encourage them
and make them desire to stay at the company and work harder, please, with that background,
take the following summary and create an email with the top five issues in the summary.
And then boom, like I've got an email for my team to go out.
seconds, which typically would have taken me a lot longer.
So I'll use AI for things like that,
but I won't put anything confidential in it.
You can do trademark searching.
Matter of fact, I just spoke to a lawyer,
Scott in Atlanta, Georgia,
and he talked to me about that very same issue
just last week, Friday.
So in Atlanta, Georgia.
So when we went out to dinner.
So they're using it, law firms are doing it.
So yeah, you can do it.
I just, like I said to him, my concern is,
number one, don't put anything confidential in it.
Number two, it's not highly accurate.
It's all right, but it's not highly accurate.
Number three, it's gonna miss 2002 and 2023.
It's not gonna be in there
because the database isn't up to date.
So with that criteria, go for it.
I mean, it's another good tool.
All right, any other questions?
Just raise your virtual hand or your real hand.
Anthony, go right ahead.
So I have been doing the challenges with Pedro.
He's been teaching us on it this whole week.
And I noticed a lot of people including adverts out there,
some of them just looking at the pictures
that they're putting out there.
Some of them have got infringements
just by looking at these things.
So, you know, Superman logos, they sound great.
And the words they use sound great copyright wise,
but a lot of them are infringing.
You know, if you've got a business already in place
that's doing other stuff
before you even go into your challenges,
because like I said,
I've never done any of those social media challenges before.
So that's pretty much all new to me.
So I'm learning as I'm going along.
Is it advisable that I should maybe have a separate LLC
or something like that?
And or that part of my business
so that should something happen,
it's my other business is protected?
That's actually a great question.
Not legal advice.
I'll tell you what I would do.
What I would do,
I actually have a separate business for challenges.
And in that, in the separate business,
I actually have people sign, you know, I have disclaimers,
I have terms and conditions for using my funnel.
I have people sign a waiver,
like you guys all had to check a box
saying that you understand that this is just information.
It's not legal advice.
You shouldn't follow anything that's said here.
You should speak to your own attorneys.
You all signed on that.
So that removes personal liability on that as well.
So I personally have an LLC just for challenges.
I think it's a smart move.
But what you, honestly, what you alluded to Anthony
is one of the biggest issues
that I've seen in the 100X community,
in the 10X community,
which is Grant Cardone's community.
I've seen it in Dean Graziosi's community.
I've seen it in Russell Bronson's community.
They are making so,
they are infringing so many things
under intellectual property law and they have no idea.
Like if you just, if you're a lawyer
and you want to step away from working at a big law firm
and just make a ton of money,
you could step away, form an LLC,
and then start reaching out to companies
that own the trademarks that other people are using
and say, hey, I have specific situations
where your trademark's being used.
I'm willing to prepare a letter
and start doing some assertions
for trademark infringement
if you give me 50% of everything that comes in.
And lawyers have literally done this.
They've left the practice of law
and built LLCs to enforce the IP rights of other people.
They've done this.
Like this is happening now, right?
And they're making a killing.
I mean, they're making millions upon millions of dollars
because nobody understands IP.
So matter of fact, I'm,
Ray and I are talking about doing a mastermind
just for ClickFunnels, literally.
And be, and have it be something like,
make sure you're not sued for your next funnel.
Like literally, like just, that'll wake you up.
Make sure you're not sued for your next funnel.
You're like, whoa, what?
Hold it, what?
What do you mean?
You know, and, or we could just have it like say trademarks,
make sure you're not sued,
or trademarks and copyrights,
make sure you're not sued for your next.
funnel, like something like that, that'll wake people up. I had a gentleman, Bruce Van Zyl,
brilliant guy, amazing software developer, love him, like, he's like a brother, love his wife,
amazing people. But they came out with a TikTok challenge. And they use the TikTok logo right at
the front, right on the top, the TikTok colors, the trade dress. When I saw that thing, I was like,
Bruce, no, no, no. I said, you, you'll be calling me within a week, asking me to help you.
Because they're suing you. And I was like, no, no, no, no, no. So what do we do? We sat down,
I assess their entire, and maybe this should be a side business, I do, honestly. But I assess
their entire funnel, like within a half hour, and reworked everything. Like, you know, you can't say
this here. This changes to be descriptive. Don't use it as a trademark there. No logo there. Do it
this way there. So you could say, you could say, instead of saying the TikTok challenge using their
logo, say something like, you know, say, increase followers on TikTok. There's nothing wrong with
that. That's descriptive. Right? It's using TikTok in a descriptive manner. Right? It's not like
TikTok, blah, blah, blah, don't do that. You can't do that. So we walked them through that.
But what you saw, Anthony, I'm telling you, man, it concerns me, like badly. Because I'm in a lot
of those networks. And I see people, they're very excited about the new challenge they're running,
about the new event they're running. And I go online, and I do a quick search. And I see that
the name they're using belongs to another party, and the exact same goods or services. And they
just walked into a potential lawsuit. And you know what the problem is, is that I can't write
something to them, saying, hey, Alina, you know that challenge that you're doing in a week?
The name of that challenge? That is a federally registered trademark. I can't do that. Because
if I do that, now Alina has knowledge, which means that she's now willfully infringing if
she goes forward. So my trying to help her can result in her being liable for attorney's fees
and trouble damages. So I, as attorney, I have to figure out how in the world am I going to make
these people aware of this issue without making them aware of the issue? That's exactly what I
have to do. And that's why I created this challenge. If you look at one of the
biggest statements that we've had in the feedback forum, is the following statement.
This challenge should be required in 100x. That's probably the top comment that we've received.
They all say it. They're like, why don't we know this? Why are we not learning this?
It's because people just don't know. It's not their fault. They just don't know.
When you look at the number of IP attorneys compared to lawyers in the world, I think it's
probably like 3%, 2% of the lawyers in the world are IP attorneys. It's such a small number.
One other question a little bit different was, we spoke about artwork earlier on. Say,
for example, you're in France and you're drawing, I don't know, David or one of the
copying the Sistine Chapel thing, just drawing the stuff or even a mountain, for example,
like a landscape. And many people come to this one area and paint this particular landscape,
Everest or whatever else. You can't actually put any trademarks on something in nature.
Is that correct? Something that's created like a mountain or something like that.
Yeah. You can own a copyright for something that's in nature. You don't take possession
of the thing in nature. You take possession of the thing you created that depicts nature.
So if I take a picture of the tree outside, I own the copyright on the picture.
I don't own the tree. I own the picture.
But if I'm standing in a public area, what I'm getting at is like,
I walk down and stand in this public area and there's a mountain in front of me and somebody
paints that. And I come down the next day or day later and I stand in the same place and paint
exactly what I see in front of me. Then how can somebody lay claim to that when it's actually
it's out in the open? And I just chose the painting.
The painting is not going to look exactly the same.
Okay. There'll be something different between the parties.
Okay. Yeah. There's always something
that's different.
Um, that's actually a really good question.
So let's say as an example,
Bartos and stuff, you know?
Yeah.
I mean, take something really, really, really simple.
Right.
So let's say somebody sees, um, if you've been in Washington, DC, they have, um, uh,
one of the, uh, I forgot what they call it.
It just basically looks like a pillar that goes straight up and
has a point at the top.
That's it.
It's very, very simple.
Right.
It's not the Washington monument.
Is that what it's called?
The Washington monument.
Yeah.
I mean, it's very, very, very simple, right?
It's there's no complexity to this thing.
Right.
So you go, Anthony goes, he sits in front of it.
He draws it.
Then I go, I sit in front of it.
I draw it.
Larissa sits in front of it and draws it.
And like, you know, 20 other people do.
And, and like 10 of the 20 images look exactly the same, but on the
copyright law, we own our own created work.
So, but remember what we own is the painting, not the subject matter.
Correct.
Right.
So we own the rendered painting.
We do not own.
Okay.
That makes sense.
Subject matter.
So Anders go right ahead.
Yeah.
So going back, it's been a really tough day for me, but going back to your
question, when I did the challenge with you last time, let's see.
I need to turn down the volume.
If I, when I did the challenge with you the first time or the last time you let's
see, where are we with audio?
We can hear you.
Yeah, but I can't hear you.
Oh, I got it now.
And you mentioned that, that you can't approach somebody that potentially is
infringing on copyright and trademark and so forth.
Is that specifically because you're a lawyer or because I had, you know, before
you started sharing, I had the same idea of wanting to help people doing, you know,
funnels and, and, and putting things online.
And by no means do I have the expertise that you do.
I, you know, you have to start someplace and, and with limited knowledge, I
could help people do trademark searches.
I can help people do a copyright searches and so forth and grow my knowledge.
It's really important for me to do things well.
It's really important that I know what I'm talking about.
But is that something that would be a viable situation because I'm, for me,
because I'm not a lawyer or would I be in the same boat that you're in of sharing
information that now they, they, their knowledge role and they could be culpable
more as opposed to if they're ignorant.
Yeah, it's a good question.
So me as a lawyer, I don't give legal advice unless we're in a attorney
client privilege relationship, right?
For a number of reasons.
One of the reasons, and then I'll cover what you can and can't do.
One of the reasons is because anything that I do with somebody outside of an
attorney client privilege relationship is discoverable in litigation, right?
So any, any email you send to somebody, any communication to send to anybody
besides your own lawyer, if your company has ever sued opposing council, we'll get
a copy, that's a big deal.
So let's say that you get a cease and desist letter in the mail.
God forbid, but let's say you did.
So let's say like Tony gets a cease and desist letter and
Shelly's in her company.
So she sends an email to Shelly and goes, I told you we were going to get it sued.
We knew that we were infringing and we did it anyway.
That is the worst email that could ever be sent out ever because neither one of
them is a lawyer, which means it's discoverable.
So now opposing council during the discovery process says, I want access to
every single communication that has anything to do with this trademark, any
email, any voicemails.
We want access to anything that's on your cell phones and they'll get it.
And in there will be an email from Tanya to Shelly saying, I knew we
shouldn't have done this.
We knew there was infringement and we did it anyway.
I mean, so now what happens?
The opposing council basically deposes Shelly and Tanya and says.
Is this your email?
Yes, sir, it is.
Do you remember the context of the email?
Yes, sir, I do.
What did you mean when you actually said,
I knew we shouldn't have used that trademark,
we knew we were infringing,
what exactly did you mean there?
I mean, literally it's in the record,
like it's in front of the court,
so you're gonna lose, right?
So for that reason,
I don't communicate with people on legal issues
outside of an attorney-client privilege
because once we're in the privilege,
no lawyer can access it.
So what happens is that that request
during production comes out and it says,
send me every communication that you have
with a third party, with another party
outside of the company
that has anything to do with this trademark.
My response is,
everything associated,
every communication with Peter Nieves or his law firm
is covered by the attorney-client privilege,
you do not get access to this,
and I'm gonna win, right?
So that's number one,
why I don't just randomly talk to people.
It's not because I don't want to,
because you guys have been through five days of my training,
tell me another challenge
where you've learned this much content within five days.
Well, we didn't spend a lot of time doing fluff,
like we went very, very, very deep, okay?
And you're getting videos,
you're getting for 90 days,
like, so I wanna make sure you get this stuff.
So it's not that I don't wanna help,
it's that there's only so much I can do
without hurting the other party.
So number one is,
if they know there's infringement,
they can walk into will for infringement.
Number two is,
if we're not an attorney-client privilege relationship,
it's discoverable.
That combination of those two will shut down a company.
Now, Anders asks a good question,
he says, well, hold it,
what if I'm good at doing trademark searches?
Can I just go to people and say,
hey, I'm gonna do trademark searches for you
and start my own company just doing searching.
Look, there are companies out there that do this.
There are trademark searching companies
where the searching is not done by lawyers,
it's done by professional searchers.
What I would say though,
is make sure you got liability insurance
because if you're telling people to do something
and they get sued, they might be a little upset.
Right.
So that's one thing that you wanna look at.
And there is,
the good news is that there is certain type of insurance
for trademark and copyright issues.
The chances of getting insurance for patent issues are,
they're less, unless you're a lawyer.
Like myself, I actually have like an insurance policy
for the whole law firm,
for everything that has to do with IP.
Like patents, trademarks and copyrights.
And those things are not cheap.
It's not like a hundred bucks a month.
Like it's steep, right?
So all that to basically say,
yeah, if you guys get really good at trademark searching,
by all means, you can build your own business
and just do trademark searching.
You're gonna have to start growing
and make a reputation in it.
What most people are gonna ask you is,
what are your tools for doing the searches?
And if your response is, well, I use the USPTO website,
you may get some people, but not a lot
because trademark searchers don't just use
the USPTO website.
They use about eight or nine different databases.
Like we were in a litigation
and Terry Kramer was deposed on my side
because he was my searcher for the patent side.
And he listed all the databases that they use.
I was amazed.
I was impressed.
I was like, wow, Terry,
you're smarter than I remember you being in law school.
So.
Probably what I would do is suggest
that I could do a pre-search
or I could do the first round of search.
Preliminary, right.
You would call it a preliminary search.
Yeah, preliminary search.
And then I would say, this is the preliminary thing.
And here, here's Peter, let him double check.
Right.
And then that would create the client attorney privilege.
And that would-
But they would,
but what you did for them would not be covered
under their privilege, only what happened after.
So, so let's say that,
so as an example,
the trademark search that was done
with by Terry Kramer's firm,
that was discoverable because it was a third party
that actually did it,
but they did it under my instructions.
So I actually argued,
oh, bye Tanya.
You had to go.
So I actually did it.
I actually instructed the trademark searchers to do it.
Actually, it was a patent search that was done.
It was my instructions that told them to do the search.
So technically they're working under my instructions
as a lawyer, and therefore it falls
under my attorney-client privilege covering,
because it's my legal instructions to a third party.
So basically in your case, Anders, what I would do,
I've got people waiting for me, Pam.
Bye, Pam.
Take care, bless you.
We're gonna close in like five minutes anyway,
so we'll be done unless you have another question, guys.
It's been a long week for everybody.
So what you could potentially do
is you could just tell people,
look, I have familiarity with doing trademark searches,
and I'm happy to do a preliminary search for you,
get you some good results that will be helpful for you
when you meet with your attorneys, something like that.
But then I would definitely, 100% Anders,
is get a legal agreement in place
that says that they understand this is not,
there's no insurance here.
This is a, this is for information purposes only.
You're doing this for like 100 bucks, 200 bucks,
and it's, they need to rely upon a lawyer.
Like make it very clear,
because you don't want them to come back
and come after you and form an LLC
or form some other legal entity
so that it falls under that.
And so they can't get at your personal assets
at the same time.
I've got two corporations already,
but it looks like, I think there's other ways
of me making a lot more money per month
than going this route.
Yeah.
Oh yeah, yeah.
So, I mean, and you kind of figured out what works,
but I mean, I know there are,
I know there are trademark searching companies out there
or not, which do not run with lawyers.
And they do it effectively, they do it well.
So can it be done?
Yep, it can totally be done.
You just want to be able to do it
in a way that's not going to potentially backfire.
Yeah.
All right, and with that, my friends,
I think, you know, unless you have other questions,
I'm more than happy to answer any other questions.
I think we'll close here.
It's Saturday night at nine o'clock.
You guys can go and do whatever you guys do.
I really enjoyed having you guys here in VIP.
It was a lot of fun for me.
Hopefully this was beneficial for all of you.
And I wish you all the best.
Please fill out that feedback form, which would be awesome.
And I wish you guys a great weekend
and great success in your companies
and just bless you guys, okay?
All right, you guys, take care.