WEBVTT

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Okay, so if you come up with your own technology and you want to do some searching yourself,

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you can.

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This is a USPTO website.

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You go to the main screen, here's the main screen, you go to patents, search for patents

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right here, you click on that, it takes you to this screen, just scroll down to where

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it says patent public search, click on that, you do a basic search, and you're on this

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screen here.

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Now if you know the patent or the patent publication, you can put it there, but otherwise you just

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kind of put in some subject matter here.

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So let's say you're doing like voice recognition software, I wonder if that'll pop up.

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I won't recognize it, let me see, I have to do it in a more simplistic way.

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So if you search, let's say like bicycle, you click search, underneath it you'll see

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all the results of when you search just for the word bicycle.

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You can select different words, so bicycle and let's say tires, and search, and then

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these are all the patents that are coming up for bicycle and tires.

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So you can, similar to the trademark database, you can select what you're looking for.

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I would select everything here, and then just leave it at everything, and then just put

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in the words that you want.

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Now the old database, in my opinion, used to be way better.

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I don't really like the way they set up the new database, personally, I think it's way

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more complex than it used to be.

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Let me see, artificial intelligence, yeah, like if you search artificial intelligence,

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these are a bunch of patents that pop up.

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You can sort by inventor name or any way you want.

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There's different ways to do your own patent searching on this site.

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Again it's a free site, but my concern with this is that if you don't use the right words,

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the results are not going to come up.

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So what I mean by that is, if you're trying to figure out, like you're searching for a

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bicycle, but instead of them calling it a bicycle, they call it a two-wheeled mechanism,

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and you use the word bicycle, it won't come up.

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That's the problem.

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So the reason why I don't like the USPTO website a tremendous amount is because you've got

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to use the right words.

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So you have to come up with like, look up synonyms, continue looking up other words

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one by one to see if you can come up with the results that you need.

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But I mean, as you can see here, they're showing 1 to 50 of 218,000 records.

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Pretty sure nobody here is going to be reviewing 218,000 records.

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So you've got to use words that are very narrow to find what you're looking for.

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So if I'm looking for microchip fabrication, I might want to look up VLSI design and microchip.

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And still, I've got 3,000 records.

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So now all the patents that come up should show up, they're associated with VLSI design

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and microchip fabrication.

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And that's what I come up with.

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So if you've got something more simple like brush and hair, so these are all patents that

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are associated with brush and hair.

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So it's really broad, but I'm just going to open up a patent so you can see what it looks

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like.

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Click the PDF.

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Pow.

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Can you see the patent right now?

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Yeah?

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Okay.

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So this is a sample of what a patent looks like.

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Looks like now this is a patent publication.

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That's why it has the publication number here,

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right over here.

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It's not letting me grab it,

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but right over here in this circle here is the publication.

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That's the date that the patent was published

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right underneath it.

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And that's the publication patent number.

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You've got the title of it,

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attachment, bust, device.

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You got the applicant is the company.

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So if you're trying to figure out

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whether or not a certain company owns certain patents,

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you can search for that company's name, right?

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So if I'm trying to figure out

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whether or not Alicia has a bunch of patents,

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I can search under her name as an inventor

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and see all the thousands of patents that she has.

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You know, I can look at any of those.

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The assignee is the party who the patent was assigned to.

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So it might be filed in the name of a certain individual,

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but they might assign it to another individual.

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So the assignee would be the one that receives it.

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And then you've got the different parts of the patent

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that I told you about before.

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Like that's the abstract.

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So it's basically a brief description of everything.

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That's a drawing there.

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Obviously it's a drawing.

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These are the drawings of the patent.

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That basically is showing the invention and its use.

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These are all drawings.

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There's a lot of drawings in this patent.

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A lot, a lot of drawings.

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All right.

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And then you get to the detail.

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Then you get to the patent itself.

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And so there's a section that talks about the prior art,

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which is your background on the invention.

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Advantages of the invention is really the summary.

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That's what it's supposed to be called,

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summary of the invention.

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And then you get into, oh goodness.

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They didn't do a good job on this patent.

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The big mess.

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Here we go.

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Then you have all the drawings of the patent here.

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It describes what each patent does.

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I mean, what each drawing is.

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So like this is a schematic 3D view

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of a plug on brush device.

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You know, every single,

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it's basically a very brief description

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of what every drawing has.

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Then this is a detailed description.

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It talks about the invention in a lot of detail.

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And that goes on all the way to,

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this is the most important part

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I want you to remember now,

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right here at the end, claims, all right?

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Starting right here where the number is,

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let me make it bigger so you can see it.

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Right here where the number is one,

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a blah, blah, blah, blah, blah, right?

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This is what you look at to determine

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whether or not you infringe a patent.

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So if you got a new technology

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and you want to know, can I make it?

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Then they'll do a patent search.

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When they do a patent search,

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they'll return patents to you.

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And then you got to look at the claims.

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You look at these claims at the end,

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there's numbers on them and then you read it.

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And you see, if you have everything

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that's listed in that claim,

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if there's even one thing in that claim

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that you don't have,

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then you don't infringe the patent, okay?

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So I can't tell you how many times

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I've seen somebody get a cease and desist letter

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and they send money over to the other party

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or they just stopped doing something

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and they never did a patent infringement analysis,

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which makes no sense.

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Like you should not be stopping what you're doing

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unless you know that you're infringing.

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I mean, it just makes no sense, right?

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Now, just for everybody's knowledge,

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let me give you an inside scoop

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on how the patent world works.

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This is really important.

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So in the patent world,

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since litigation is so expensive,

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it's really, really, really expensive,

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what they do is they threaten you with litigation,

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even if they don't have a case, okay?

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They'll threaten you because they know

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for you to defend yourself,

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it's gonna cost you tens of thousands,

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if not hundreds of thousands, if not millions of dollars.

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So their intent is to scare the living daylights out of you

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so that you'll back off and stop doing what you're doing

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so that they can then proceed in, you know,

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using that technology going forward

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without you being a competitor.

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So that's how patents work.

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Patents are very powerful.

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There's these people called trolls.

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They're called, technically, I know David knows this stuff.

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There's these people that are called

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non-practicing entities, right?

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But we call them, what do we call them, David?

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Patent trolls.

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Trolls, we call them patent trolls.

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These are the scum of the earth.

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No, I'm just kidding.

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So, but I've, yes, exactly.

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These guys are, these are bad guys.

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They're just nasty.

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So the way that they work,

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I mean, technically, what they're doing is not wrong, all right?

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Because patents are an intangible asset, meaning if I own a chair and David Kim wants to buy

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the chair, I can sell him the chair, and now he can allow people to sit in the chair or

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not sit in the chair.

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It's up to him.

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It's his chair, right?

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Well, a patent is an inanimate object, meaning you can't grab it, but at the same time, there's

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certain legal rights associated with it.

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So if David, if I have a certain patent and David buys it, David can enforce it against

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anybody he wants.

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It's an asset, right?

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So if Anna Marie has a house and I buy the house, I could kick anybody out that I want.

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It's my house, right?

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So Anna Marie had these really sweet neighbors that would come over for barbecues on Sundays,

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and they have like a pitcher of tea and lemonade, and they have these really lovely barbecues.

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And I come over and I own the house, and they come knocking on the door, we're ready for

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the barbecue.

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Get off my lawn.

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This is my house.

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Like literally, I could do that because it's my house.

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Now, I wouldn't do that, but that's the whole point being, it's my house.

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It's the same thing in the patent world, but it's way worse because these people are vicious.

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So what happens is these trolls buy up the patents, and then they look for people that

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potentially are infringing the patents.

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So basically, people that are potentially doing what's in the claims of the patent.

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And when they find them, they'll send them these nasty grams and say, look, I'm going

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to file a lawsuit against you unless you fork over $250,000 or $50,000 or $100,000, whatever

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it is.

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And now you've got a choice.

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You can defend yourself against them, which I am very expensive.

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I mean, I'll tell you, I'm not a cheap date, I'll admit it.

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So I mean, to hire me is at least $600 an hour.

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And so I'm defending someone in litigation and hopefully getting them out of some kind

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of major situation.

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And so they know that.

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They know you're going to spend a lot of money.

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So they'll say to you, send me $50,000 and I'll leave you alone.

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Now you as a company are thinking to yourself, that's not fair.

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Yes, you are absolutely correct.

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It is not fair, and they know it's not fair, and they don't care.

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They don't care because they know that you're not going to be able to afford to be in litigation

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from the beginning to the end.

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So they tell you, pay me $50,000 now, I'll leave you alone.

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Or take this license, and I'll leave you alone.

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This is why it's important to understand how to do patent searches, how to get what I would

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do is I would hire a third party like Kramer and Amato or another group like that, who

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actually does patent searches, and find out whether or not what you're creating potentially

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infringes upon somebody else's patent.

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That's called a clearance search, clearance search, E-L-E-A-R-A-N-C-E search, okay?

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Now if you want to determine whether or not your idea can be patented, that's called a

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patentability search, okay?

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So if you want to get a patent, it's a patentability search.

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If you want to make sure you don't infringe somebody else's patents, that's called a clearance

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search, all right?

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Those are two of the major types of searches.

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Now there's other searches out there, there's like invalidity searches, there's field of

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use searches, there's all sorts of stuff.

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You'll learn about all that stuff in the protection portal.

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But for now, just understand clearance search if you want to be able to practice the invention,

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patentability search if you want to be able to file a patent, okay?

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Those are the two things you want to remember.

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Now remember, the provisional patent, you do not need all this stuff that's here.

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But, and please hear this, there is a requirement for the description in the provisional to

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be what's called, and this is a little confusing but I'll take it very slow with you, it needs

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to be enabling to one of ordinary skill in the art.

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What that means is somebody in the field needs to be able to pick up that thing and practice

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the invention.

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So you can't write, you can't say my invention is a bicycle and it contains something that

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you sit on and something rotates and you get from point A to point B.

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That's not enough description.

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Somebody has to be able to pick up that thing and practice the invention.

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00:14:46.320 --> 00:14:51.040
If they can't do that, it can be argued not to be enabling to one of ordinary skill in

247
00:14:51.040 --> 00:14:52.040
the art.

248
00:14:52.040 --> 00:14:55.600
And that means you can't get the patent, okay?

249
00:14:55.600 --> 00:14:57.240
So it needs to be enabling.

250
00:14:57.240 --> 00:14:59.760
I see a lot of confused faces.

251
00:14:59.760 --> 00:15:00.760
Can you repeat that?

252
00:15:00.000 --> 00:15:01.840
Repeat that again a little slower.

253
00:15:01.840 --> 00:15:03.300
Yeah, I'm going to go through it.

254
00:15:03.300 --> 00:15:04.420
I'm going to go through it.

255
00:15:04.420 --> 00:15:08.360
So again, if you're filing a patent,

256
00:15:08.360 --> 00:15:12.080
you need to know how that technology works.

257
00:15:12.080 --> 00:15:15.820
So if it's a bicycle, you don't need to make a prototype.

258
00:15:15.820 --> 00:15:17.720
You don't need to actually make the device.

259
00:15:17.720 --> 00:15:19.560
You don't need to even sell the device.

260
00:15:19.560 --> 00:15:21.560
But you need to know how it works,

261
00:15:21.560 --> 00:15:23.840
meaning you got to have some pictures there,

262
00:15:23.840 --> 00:15:28.160
some drawings that show it, show how point A connects

263
00:15:28.160 --> 00:15:31.560
to point B, show how the whole thing works together,

264
00:15:31.560 --> 00:15:34.800
so that somebody in the field can pick that thing up

265
00:15:34.800 --> 00:15:37.160
and practice the invention.

266
00:15:37.160 --> 00:15:39.880
If they can't pick that thing up and practice the invention,

267
00:15:39.880 --> 00:15:43.600
someone's going to argue that it's not enabling.

268
00:15:43.600 --> 00:15:45.360
There's this theoretical person called

269
00:15:45.360 --> 00:15:47.040
the person of ordinary skill in the art.

270
00:15:47.040 --> 00:15:49.680
I'm not going to confuse you guys in that.

271
00:15:49.680 --> 00:15:51.520
Basically, what it's basically saying

272
00:15:51.520 --> 00:15:56.760
is somebody in the field picks up the description.

273
00:15:56.760 --> 00:15:58.720
They should be able to practice the invention.

274
00:15:58.720 --> 00:16:01.640
If they can't, it may be argued not to be enabling.

275
00:16:01.640 --> 00:16:04.280
If it's not enabling, you can't get a patent.

276
00:16:04.280 --> 00:16:05.600
What does all this mean?

277
00:16:05.600 --> 00:16:08.440
Like, what does all this legal garbage mean?

278
00:16:08.440 --> 00:16:12.600
What it means is if you don't know how it works,

279
00:16:12.600 --> 00:16:16.360
you're not going to be able to get a patent.

280
00:16:16.360 --> 00:16:20.040
All right, so if you're thinking to yourself, man,

281
00:16:20.040 --> 00:16:25.920
I got an idea, you sit down, you run

282
00:16:25.920 --> 00:16:27.920
from a stationary position,

283
00:16:27.920 --> 00:16:30.480
and somehow you get from point A to point B.

284
00:16:30.480 --> 00:16:31.760
I want a patent on that.

285
00:16:31.760 --> 00:16:34.160
No, you need more.

286
00:16:34.160 --> 00:16:37.160
You need to know what devices are connecting to what,

287
00:16:37.160 --> 00:16:38.960
what are the pieces of it.

288
00:16:38.960 --> 00:16:40.440
Now, you may not have to know

289
00:16:40.440 --> 00:16:44.520
that the pedal is exactly four inches.

290
00:16:44.520 --> 00:16:46.480
You may not need to know things to that detail,

291
00:16:46.480 --> 00:16:48.520
but you got to know that there's pedals.

292
00:16:48.520 --> 00:16:53.080
You got to know that when the pedals move, it moves a chain.

293
00:16:53.080 --> 00:16:55.360
You got to know that the chain is connected

294
00:16:55.360 --> 00:16:59.680
to certain things on a tire, which makes the tire rotate.

295
00:16:59.680 --> 00:17:01.320
Like, you got to describe that.

296
00:17:01.320 --> 00:17:05.200
You can't just say there's pedals, there's wheels,

297
00:17:05.200 --> 00:17:09.240
and you move the pedals and the wheels automatically turn.

298
00:17:09.240 --> 00:17:12.280
You got to explain how it does that.

299
00:17:12.280 --> 00:17:15.680
Without the description, David and I see things,

300
00:17:15.680 --> 00:17:18.640
rejections day after day after day,

301
00:17:18.640 --> 00:17:21.560
because not enabling, 112 rejection here,

302
00:17:21.560 --> 00:17:23.800
whatever, over and over and over.

303
00:17:23.800 --> 00:17:25.599
Not enabling, not enabling.

304
00:17:25.599 --> 00:17:30.600
So don't file a patent prematurely.

305
00:17:30.840 --> 00:17:34.640
Now, there is no requirement for you to make the product

306
00:17:34.640 --> 00:17:38.160
or to actually have done the method yourself.

307
00:17:38.160 --> 00:17:39.480
You don't have to do that.

308
00:17:39.480 --> 00:17:43.360
I mean, NASA, the government has patents on satellites.

309
00:17:43.360 --> 00:17:47.120
There's no room over in the Pentagon

310
00:17:47.120 --> 00:17:49.360
with a bunch of satellites sitting in it.

311
00:17:49.360 --> 00:17:51.640
Like, that doesn't happen.

312
00:17:51.840 --> 00:17:53.880
They got patents on rockets.

313
00:17:53.880 --> 00:17:56.560
There's no room in the Pentagon

314
00:17:56.560 --> 00:17:59.120
with rockets just laying down,

315
00:17:59.120 --> 00:18:01.120
where people go to lunch and they have to, like,

316
00:18:01.120 --> 00:18:03.360
move over and underneath the rockets.

317
00:18:03.360 --> 00:18:05.800
Like, that doesn't exist, right?

318
00:18:05.800 --> 00:18:07.800
But they know how it works,

319
00:18:07.800 --> 00:18:11.080
and they've created them on AutoCAD and other programs,

320
00:18:11.080 --> 00:18:13.560
so they file a patent based on that.

321
00:18:13.560 --> 00:18:15.840
So you may not need to create a prototype,

322
00:18:16.800 --> 00:18:20.920
but you do need to describe it and have pictures

323
00:18:20.920 --> 00:18:23.360
so somebody can create the invention and use it.

324
00:18:24.840 --> 00:18:25.880
Does that make sense?

325
00:18:27.840 --> 00:18:32.840
So some of you that have these, like, ideas in your head,

326
00:18:33.120 --> 00:18:35.760
you may be close to being able to file a patent,

327
00:18:35.760 --> 00:18:37.680
but you may not quite be there yet.

328
00:18:38.760 --> 00:18:41.520
So you want to jot all these things down.

329
00:18:41.520 --> 00:18:43.600
If anybody's dealt with a white paper,

330
00:18:43.600 --> 00:18:45.600
white papers are great.

331
00:18:45.600 --> 00:18:46.440
They're great.

332
00:18:46.440 --> 00:18:47.280
If you know how to write a white paper,

333
00:18:47.280 --> 00:18:49.200
you should be able to write a patent.

334
00:18:49.200 --> 00:18:51.120
Like, there's enough detail there.

335
00:18:51.120 --> 00:18:54.960
You just need to get rid of some of the theoretical stuff

336
00:18:54.960 --> 00:18:57.800
and, you know, some of the language that says,

337
00:18:57.800 --> 00:19:00.000
you know, we're thinking of doing this in the future.

338
00:19:00.000 --> 00:19:02.920
Like, get all the theoretical garbage out of it

339
00:19:02.920 --> 00:19:05.400
and just leave the concrete things.

340
00:19:05.400 --> 00:19:06.680
A connects to B.

341
00:19:06.680 --> 00:19:09.560
B does this.

342
00:19:09.560 --> 00:19:12.320
C is connected to B.

343
00:19:12.320 --> 00:19:14.360
The result is D.

344
00:19:14.360 --> 00:19:15.960
Like, those kinds of things.

345
00:19:15.960 --> 00:19:18.320
Very clear and concise descriptions.

346
00:19:18.320 --> 00:19:22.240
If it's a device, get a picture of the device.

347
00:19:22.240 --> 00:19:23.080
Right?

348
00:19:23.080 --> 00:19:25.240
You want to create a drawing that shows,

349
00:19:25.240 --> 00:19:27.640
a black and white drawing that shows the device.

350
00:19:28.680 --> 00:19:30.840
And then put that device there

351
00:19:30.840 --> 00:19:33.040
and nothing in the physical world gets moved.

352
00:19:34.240 --> 00:19:37.480
If one has a process, nothing.

353
00:19:37.480 --> 00:19:38.320
Hold on a second.

354
00:19:41.880 --> 00:19:42.880
One has a process,

355
00:19:42.880 --> 00:19:46.960
but nothing in the physical world gets moved.

356
00:19:46.960 --> 00:19:49.240
It's all psychological.

357
00:19:49.240 --> 00:19:50.080
We're interacting.

358
00:19:50.080 --> 00:19:51.560
Can it be patented?

359
00:19:51.560 --> 00:19:52.440
It's a good question.

360
00:19:52.440 --> 00:19:56.560
So, there are things called method patents.

361
00:19:56.560 --> 00:20:00.080
You might have a method of doing something.

362
00:20:00.000 --> 00:20:02.920
thing.

363
00:20:02.920 --> 00:20:06.840
The problem in the area of the non-physical world

364
00:20:06.840 --> 00:20:12.400
is that you have to worry about an area called

365
00:20:12.400 --> 00:20:14.360
unpatentable subject matter.

366
00:20:14.360 --> 00:20:19.680
And what that is, is if a human being can perform

367
00:20:19.680 --> 00:20:22.560
the action without a machine, without any intervention

368
00:20:22.560 --> 00:20:24.800
in any way, shape, or form, the patent office

369
00:20:24.800 --> 00:20:26.240
tends to fight you.

370
00:20:26.240 --> 00:20:27.640
And you've got to overcome.

371
00:20:27.640 --> 00:20:31.240
I'm not going to go into all the parts of a one-on-one rejection

372
00:20:31.240 --> 00:20:34.400
because your heads will explode.

373
00:20:34.400 --> 00:20:38.480
The stuff that we need to know is insane,

374
00:20:38.480 --> 00:20:41.480
which is why we get paid so much, quite frankly.

375
00:20:41.480 --> 00:20:46.800
But suffice to say, if Rhea can perform the entire action

376
00:20:46.800 --> 00:20:50.760
by herself, it's going to be a little difficult to get

377
00:20:50.760 --> 00:20:55.760
a patent if she can do it completely by herself.

378
00:20:55.760 --> 00:20:58.440
Now, if you're starting to add some software into it,

379
00:20:58.440 --> 00:21:01.840
some computer interaction, some functionality that's

380
00:21:01.840 --> 00:21:04.080
performed by some electronics, you

381
00:21:04.080 --> 00:21:07.320
get a higher chance of getting an issued patent.

382
00:21:07.320 --> 00:21:09.840
If you're doing it entirely by yourself,

383
00:21:09.840 --> 00:21:13.520
like a first arm grabbing something from point A,

384
00:21:13.520 --> 00:21:18.080
moving it to point B, releasing it, second arm picks it up,

385
00:21:18.080 --> 00:21:20.720
moves it over to point C, releases it.

386
00:21:20.720 --> 00:21:24.640
Well, I just did that with my hands.

387
00:21:24.640 --> 00:21:27.760
So instead, the claims of the patent

388
00:21:27.760 --> 00:21:31.880
would have to say things like a memory for performing

389
00:21:31.880 --> 00:21:34.320
the functions of blah, blah, blah,

390
00:21:34.320 --> 00:21:36.680
or a processor for blah, blah, blah,

391
00:21:36.680 --> 00:21:40.160
and then talking in detail about a mechanical arm, which

392
00:21:40.160 --> 00:21:42.640
is controlled by a controller, the controller receiving

393
00:21:42.640 --> 00:21:47.720
instructions by functionality provided by a memory,

394
00:21:47.720 --> 00:21:49.440
the memory being programmed by.

395
00:21:49.440 --> 00:21:52.800
I mean, there's a lot of details that have to be in there.

396
00:21:52.840 --> 00:21:56.720
You can't just say arm picks up object, arm let go object,

397
00:21:56.720 --> 00:21:59.520
object picked up, object let go.

398
00:21:59.520 --> 00:22:02.360
No, you're never going to get a patent for that.

399
00:22:02.360 --> 00:22:06.000
So you need a lot more details for that.

400
00:22:06.000 --> 00:22:10.480
Patents tend to be one of the more complicated areas

401
00:22:10.480 --> 00:22:11.000
of the law.

402
00:22:14.120 --> 00:22:17.960
There are things called patent agents.

403
00:22:17.960 --> 00:22:19.440
Patent agents are phenomenal.

404
00:22:19.440 --> 00:22:21.560
They can work with the United States Patent Trademark

405
00:22:21.600 --> 00:22:22.200
Office.

406
00:22:22.200 --> 00:22:24.320
What they can't do is write legal opinions,

407
00:22:24.320 --> 00:22:27.600
because legal opinions are legal documents.

408
00:22:27.600 --> 00:22:29.520
Attorneys need to do those.

409
00:22:29.520 --> 00:22:31.880
That doesn't mean they don't do a first draft

410
00:22:31.880 --> 00:22:35.080
and give it to somebody, because I've seen that all the time.

411
00:22:35.080 --> 00:22:37.560
But an attorney needs to review that thing.

412
00:22:37.560 --> 00:22:41.520
So as an example, the IP audits that we do,

413
00:22:41.520 --> 00:22:44.240
one of the reasons why I do them is because I'm an attorney.

414
00:22:44.240 --> 00:22:45.000
I'm a litigator.

415
00:22:45.000 --> 00:22:46.320
I'm a prosecutor.

416
00:22:46.320 --> 00:22:48.920
I'm a trademark lawyer, copyright patent lawyer,

417
00:22:48.920 --> 00:22:50.280
do all those things.

418
00:22:50.280 --> 00:22:53.280
This way, it's easier for me to do an audit.

419
00:22:53.280 --> 00:22:55.080
All right, let me step back, because that's

420
00:22:55.080 --> 00:22:58.240
really deep, complex stuff that we just

421
00:22:58.240 --> 00:22:59.200
finished talking about.

422
00:22:59.200 --> 00:23:02.720
So I want to step back from that for a little bit.

423
00:23:02.720 --> 00:23:06.600
And I'm going to go back into trademarks for a second,

424
00:23:06.600 --> 00:23:09.520
because I had a number of people asking questions

425
00:23:09.520 --> 00:23:11.720
in the trademark area.

426
00:23:11.720 --> 00:23:13.760
And one of the questions they were asking a lot

427
00:23:13.760 --> 00:23:17.200
was, I search for my company.

428
00:23:17.200 --> 00:23:19.440
And one of the words that's in my company,

429
00:23:19.440 --> 00:23:21.640
somebody owns a patent for.

430
00:23:21.640 --> 00:23:24.640
Can I continue using my name?

431
00:23:24.640 --> 00:23:30.880
OK, so this is not legal advice.

432
00:23:30.880 --> 00:23:33.320
Peter owns a patent or owns a trademark?

433
00:23:33.320 --> 00:23:33.960
Trademark.

434
00:23:33.960 --> 00:23:37.800
We're talking about trademarks right now.

435
00:23:37.800 --> 00:23:42.000
All right, so again, there's a name.

436
00:23:42.000 --> 00:23:45.440
The name that I'm using has two words in it.

437
00:23:45.440 --> 00:23:48.920
Somebody else has a federally registered trademark

438
00:23:48.920 --> 00:23:51.720
that has one of the names.

439
00:23:51.720 --> 00:23:53.640
Is that a problem?

440
00:23:53.640 --> 00:23:55.720
I've had that question multiple times.

441
00:23:55.720 --> 00:24:00.600
So actually, let's have some fun here.

442
00:24:00.600 --> 00:24:04.040
Does anybody want to take a chance

443
00:24:04.040 --> 00:24:07.480
at answering that question by a show of hands?

444
00:24:07.480 --> 00:24:08.720
Anybody want to answer that?

445
00:24:12.920 --> 00:24:13.840
Bueller?

446
00:24:13.840 --> 00:24:15.080
Go Sonia.

447
00:24:15.080 --> 00:24:16.200
Sonia does.

448
00:24:16.200 --> 00:24:16.800
Jackie.

449
00:24:16.800 --> 00:24:17.680
Jackie.

450
00:24:17.680 --> 00:24:18.400
Jackie?

451
00:24:18.400 --> 00:24:19.680
I think she raised her hand.

452
00:24:19.680 --> 00:24:21.760
Either she did a hallelujah or she raised her hand.

453
00:24:21.760 --> 00:24:22.280
One or two.

454
00:24:22.280 --> 00:24:23.880
So all right, cool.

455
00:24:23.880 --> 00:24:26.880
All right, let's unmute her.

456
00:24:26.880 --> 00:24:28.240
OK, can you hear me?

457
00:24:28.240 --> 00:24:29.600
Yes, yes.

458
00:24:29.600 --> 00:24:33.320
So the scenario is you have a trademark

459
00:24:33.320 --> 00:24:36.160
that has two names, two words.

460
00:24:36.160 --> 00:24:38.760
And when you do a search, you see a federal registration

461
00:24:38.760 --> 00:24:40.760
including one of those words.

462
00:24:40.760 --> 00:24:42.960
Houston, we have a problem.

463
00:24:42.960 --> 00:24:44.720
Boom.

464
00:24:44.720 --> 00:24:46.280
That's exactly right.

465
00:24:46.280 --> 00:24:48.120
Houston, we have a problem.

466
00:24:49.120 --> 00:24:49.720
That's it.

467
00:24:49.720 --> 00:24:50.720
Well done, my friend.

468
00:24:50.720 --> 00:24:51.560
Well done.

469
00:24:51.560 --> 00:24:54.800
So this is where it gets tricky.

470
00:24:54.800 --> 00:25:01.120
Because let's say you've been using it 10 years.

471
00:25:00.000 --> 00:25:03.040
and you finally did a search and you find out,

472
00:25:03.040 --> 00:25:05.240
well, they've been using it for three years.

473
00:25:05.240 --> 00:25:08.120
Well, again, you have common law rights, right?

474
00:25:08.120 --> 00:25:11.760
So you can technically continue using it

475
00:25:11.760 --> 00:25:13.560
in a specific geographical reasons

476
00:25:13.560 --> 00:25:15.260
where you already have been using it

477
00:25:15.260 --> 00:25:17.020
and nobody could stop you

478
00:25:17.020 --> 00:25:19.320
because you have preemptive rights.

479
00:25:22.600 --> 00:25:24.600
The tricky part about this is,

480
00:25:25.600 --> 00:25:27.300
should you communicate with the party

481
00:25:27.300 --> 00:25:29.440
who has the federal registration?

482
00:25:29.440 --> 00:25:34.440
And like, kind of get more in their face about this.

483
00:25:34.880 --> 00:25:37.980
Meaning, hey guys, this is the name I have.

484
00:25:37.980 --> 00:25:39.600
You have one of these words in there.

485
00:25:39.600 --> 00:25:41.140
I think it's a problem.

486
00:25:41.140 --> 00:25:44.360
I want you out of my geographical regions, right?

487
00:25:44.360 --> 00:25:47.900
Like, should you get, should you back,

488
00:25:47.900 --> 00:25:52.780
should you be more proactive with your IP rights, okay?

489
00:25:55.780 --> 00:25:57.300
This is a tricky area, guys.

490
00:25:57.300 --> 00:25:59.080
This is a really tricky area.

491
00:25:59.520 --> 00:26:01.480
See, the problem is you never know

492
00:26:01.480 --> 00:26:05.000
how somebody is gonna respond when you reach out to them.

493
00:26:05.000 --> 00:26:07.520
You do know that you've been practicing for 10 years

494
00:26:07.520 --> 00:26:08.840
and nobody's bothered you.

495
00:26:10.480 --> 00:26:12.880
Now, all of a sudden you find out about this other party

496
00:26:12.880 --> 00:26:15.200
and you're thinking you might reach out to them and say,

497
00:26:15.200 --> 00:26:18.380
hey, you've only been using it for three years.

498
00:26:19.680 --> 00:26:21.360
That's not fair.

499
00:26:21.360 --> 00:26:24.680
And so I want you to stop.

500
00:26:24.680 --> 00:26:28.200
They may respond with, oh goodness, I'm sorry.

501
00:26:29.040 --> 00:26:32.040
Or they may respond with, I've got a federal registration.

502
00:26:32.040 --> 00:26:33.080
I want you to prove to me

503
00:26:33.080 --> 00:26:35.040
that you've been using it for 10 years.

504
00:26:38.960 --> 00:26:40.440
It's a really tricky question.

505
00:26:40.440 --> 00:26:42.560
I would talk to a lawyer about that.

506
00:26:42.560 --> 00:26:43.880
I'm responding to that here

507
00:26:43.880 --> 00:26:47.920
because more than one person here has raised this issue.

508
00:26:47.920 --> 00:26:52.280
I would talk to a lawyer about your exact scenario and see.

509
00:26:53.320 --> 00:26:55.520
Because the concern that the people had

510
00:26:55.560 --> 00:26:58.440
was specifically that other party

511
00:26:58.440 --> 00:26:59.840
is gonna take more market share.

512
00:26:59.840 --> 00:27:01.360
They're using my name.

513
00:27:01.360 --> 00:27:02.640
I've been using it for 10 years.

514
00:27:02.640 --> 00:27:04.640
They've been using it for three years.

515
00:27:04.640 --> 00:27:06.080
I wanna stop them.

516
00:27:06.080 --> 00:27:07.960
I didn't know I could file

517
00:27:07.960 --> 00:27:10.400
a federal trademark application.

518
00:27:10.400 --> 00:27:12.360
I was using a Circle R.

519
00:27:12.360 --> 00:27:13.840
I changed it to a TM.

520
00:27:13.840 --> 00:27:15.760
They've got the Circle R.

521
00:27:15.760 --> 00:27:16.640
What should I do?

522
00:27:18.280 --> 00:27:22.800
And I think it's honestly gonna depend upon the parties.

523
00:27:22.800 --> 00:27:23.840
Like who are you dealing with?

524
00:27:23.880 --> 00:27:25.760
Are you dealing with a McDonald's?

525
00:27:25.760 --> 00:27:27.560
In which case, they're gonna sue you.

526
00:27:27.560 --> 00:27:28.880
The second you reach out to them,

527
00:27:28.880 --> 00:27:30.360
they don't care what your legal rights are.

528
00:27:30.360 --> 00:27:32.240
They're gonna sue you.

529
00:27:32.240 --> 00:27:35.960
Or is a situation where you're instead,

530
00:27:37.560 --> 00:27:39.240
you may be able to stop them.

531
00:27:39.240 --> 00:27:42.200
So I would talk to a lawyer, honestly.

532
00:27:42.200 --> 00:27:43.640
I would just be careful.

533
00:27:43.640 --> 00:27:45.760
Before you start sending out cease and desist letters

534
00:27:45.760 --> 00:27:47.640
or suing people or doing any of that,

535
00:27:48.560 --> 00:27:52.040
I would definitely speak to a lawyer.

536
00:27:53.840 --> 00:27:56.320
All right, let me take,

537
00:27:56.320 --> 00:27:58.320
I'm gonna take two questions.

538
00:27:59.200 --> 00:28:02.160
And then I'm gonna finish up with something else over here.

539
00:28:10.200 --> 00:28:13.600
See, is there anybody who has not asked a question yet?

540
00:28:13.600 --> 00:28:17.400
I think everybody here has asked at least one question.

541
00:28:17.400 --> 00:28:20.720
So yeah, okay, cool.

542
00:28:20.720 --> 00:28:23.280
So since everybody has, let me go over to,

543
00:28:23.720 --> 00:28:25.520
Sonya, go right ahead.

544
00:28:25.520 --> 00:28:26.440
How are you?

545
00:28:28.240 --> 00:28:29.400
Great.

546
00:28:29.400 --> 00:28:30.240
Good, good.

547
00:28:30.240 --> 00:28:31.880
That's why I'm drinking wine,

548
00:28:31.880 --> 00:28:34.240
because the decision is made in wine.

549
00:28:35.520 --> 00:28:37.600
It's Friday night and I just got paid.

550
00:28:37.600 --> 00:28:39.240
Yep, that's you.

551
00:28:39.240 --> 00:28:40.080
Go ahead.

552
00:28:40.960 --> 00:28:43.720
No, I actually had to keep a clear mind the last day

553
00:28:43.720 --> 00:28:45.920
so that I wouldn't make a decision I didn't wanna make.

554
00:28:45.920 --> 00:28:48.240
So since I already made a decision this morning,

555
00:28:48.240 --> 00:28:50.600
I'm having wine tonight, so.

556
00:28:50.600 --> 00:28:52.000
Very good, very good.

557
00:28:52.880 --> 00:28:55.080
So it's a super quick question

558
00:28:55.080 --> 00:28:59.720
just to the situation that you just highlighted.

559
00:28:59.720 --> 00:29:03.440
Because I'm in a situation where both words

560
00:29:03.440 --> 00:29:05.800
of what I looked up is being used,

561
00:29:06.640 --> 00:29:10.120
but in a different, like in the opposite.

562
00:29:12.120 --> 00:29:15.240
Well, the first word that I'm using is the second word

563
00:29:15.240 --> 00:29:16.520
and the second word is the first,

564
00:29:16.520 --> 00:29:19.480
which makes it a different meaning.

565
00:29:20.480 --> 00:29:22.440
All right, say that again.

566
00:29:22.440 --> 00:29:23.560
Okay.

567
00:29:23.560 --> 00:29:26.920
So what I looked up is also two words

568
00:29:26.920 --> 00:29:30.880
and both words have a trademark,

569
00:29:32.520 --> 00:29:34.840
but the words were the other way around,

570
00:29:34.840 --> 00:29:36.680
the way it showed up, which makes-

571
00:29:36.680 --> 00:29:37.520
Oh, okay.

572
00:29:37.520 --> 00:29:38.840
So it's like backwards?

573
00:29:38.840 --> 00:29:39.680
Yeah.

574
00:29:39.680 --> 00:29:40.800
Okay.

575
00:29:40.800 --> 00:29:43.240
Which makes the meaning of the whole phrase

576
00:29:43.240 --> 00:29:44.440
completely different.

577
00:29:46.840 --> 00:29:47.680
Okay.

578
00:29:47.960 --> 00:29:48.800
Okay.

579
00:29:48.800 --> 00:29:51.280
And so somebody has a federal registration

580
00:29:51.280 --> 00:29:53.600
for the two words, but in a different order?

581
00:29:53.600 --> 00:29:54.440
Yeah.

582
00:29:56.240 --> 00:29:57.080
Yeah, that is-

583
00:30:00.000 --> 00:30:01.560
Go to the audit.

584
00:30:01.560 --> 00:30:03.280
Not the best.

585
00:30:03.280 --> 00:30:03.920
Yeah.

586
00:30:03.920 --> 00:30:04.480
Do the audit.

587
00:30:04.480 --> 00:30:06.840
Is it the same class or is it a different class?

588
00:30:06.840 --> 00:30:08.800
That's the question I would ask.

589
00:30:08.800 --> 00:30:11.480
Yeah, the situation she's talking about

590
00:30:11.480 --> 00:30:13.840
is where there's similar services.

591
00:30:13.840 --> 00:30:16.320
So yeah.

592
00:30:16.320 --> 00:30:20.960
So yeah, I would definitely analyze this scenario.

593
00:30:20.960 --> 00:30:23.880
You can do that in the audit and break it down.

594
00:30:23.880 --> 00:30:26.920
But it's not the best scenario.

595
00:30:26.920 --> 00:30:28.240
There's ways around it.

596
00:30:28.240 --> 00:30:29.920
There's ways around it.

597
00:30:29.920 --> 00:30:31.200
Because I mean, think about it.

598
00:30:31.200 --> 00:30:33.240
Commercial impression is a big part, right?

599
00:30:33.240 --> 00:30:38.480
So if it's running fast and fast running,

600
00:30:38.480 --> 00:30:40.840
it's the same commercial impression, right?

601
00:30:40.840 --> 00:30:42.720
But there's more things.

602
00:30:42.720 --> 00:30:44.640
There's more factors to look at.

603
00:30:44.640 --> 00:30:45.640
And we can do that.

604
00:30:45.640 --> 00:30:47.080
We can break that down.

605
00:30:47.080 --> 00:30:47.960
Awesome.

606
00:30:47.960 --> 00:30:48.760
Yeah.

607
00:30:48.760 --> 00:30:50.160
But it's a really good question.

608
00:30:50.160 --> 00:30:52.840
I mean, the thing that I'm seeing

609
00:30:52.840 --> 00:30:56.800
is people have like three names, like three words within a name.

610
00:30:56.800 --> 00:30:59.360
And they find out one of the words is owned by somebody.

611
00:30:59.360 --> 00:31:01.080
What do they do?

612
00:31:01.080 --> 00:31:02.080
And it gets tricky.

613
00:31:02.080 --> 00:31:05.080
Because if somebody owns Microsoft

614
00:31:05.080 --> 00:31:11.080
and you have something like fiery glow Microsoft,

615
00:31:11.080 --> 00:31:13.880
I guarantee you Microsoft's going to sue you.

616
00:31:13.880 --> 00:31:15.440
They don't care that it's three words.

617
00:31:15.440 --> 00:31:16.800
They don't care if it's 10 words.

618
00:31:16.800 --> 00:31:18.760
You have their word.

619
00:31:18.760 --> 00:31:20.200
Nuclear bomb.

620
00:31:20.200 --> 00:31:22.280
So we'll dig into your stuff in more detail.

621
00:31:22.280 --> 00:31:23.280
Don't worry about it.

622
00:31:23.280 --> 00:31:24.280
Thank you.

623
00:31:24.280 --> 00:31:24.880
All right.

624
00:31:24.880 --> 00:31:27.880
Linda.

625
00:31:27.880 --> 00:31:29.000
How are you, Linda?

626
00:31:32.240 --> 00:31:33.440
You are muted, my dear.

627
00:31:33.440 --> 00:31:34.400
I'm muted, my friend.

628
00:31:38.600 --> 00:31:42.160
I was typing in the chat.

629
00:31:42.160 --> 00:31:43.760
I asked a question yesterday.

630
00:31:43.760 --> 00:31:46.120
And you said you were going to cover it today.

631
00:31:46.120 --> 00:31:47.040
And it was regarding.

632
00:31:47.040 --> 00:31:48.400
About copyright.

633
00:31:48.400 --> 00:31:49.960
Right, yeah, the copyright.

634
00:31:49.960 --> 00:31:55.480
And my concern was what things I could

635
00:31:55.480 --> 00:31:58.000
excerpt from other people's books or such

636
00:31:58.000 --> 00:32:02.200
and put it into my own book or in my teaching.

637
00:32:02.200 --> 00:32:07.200
And does a citation just work?

638
00:32:07.200 --> 00:32:12.840
And how much can you put in, like a chapter?

639
00:32:12.840 --> 00:32:17.680
So it's very situation specific, quite frankly.

640
00:32:18.680 --> 00:32:20.720
There's no universal rule on this.

641
00:32:20.720 --> 00:32:22.760
It's more how much you.

642
00:32:25.480 --> 00:32:27.440
It's not even how much you're using.

643
00:32:27.440 --> 00:32:30.560
Because if you're taking the essence of somebody's copyright,

644
00:32:30.560 --> 00:32:33.360
that's enough to be doing copyright infringement.

645
00:32:33.360 --> 00:32:36.600
But if you're using it for newsworthy purposes,

646
00:32:36.600 --> 00:32:39.760
like something that recently happened, that's one thing.

647
00:32:39.760 --> 00:32:45.320
If it's like an article that's being provided in college,

648
00:32:45.320 --> 00:32:48.160
then you could always cite to somebody else's work

649
00:32:48.160 --> 00:32:50.080
in your article.

650
00:32:50.080 --> 00:32:51.600
Those things are OK.

651
00:32:51.600 --> 00:32:53.960
But once you start making money, once you

652
00:32:53.960 --> 00:32:57.800
start adding this idea of I've got a book

653
00:32:57.800 --> 00:33:00.360
and I'm quoting somebody else, and that quote

654
00:33:00.360 --> 00:33:02.920
increases the value of my book, that's

655
00:33:02.920 --> 00:33:07.280
when you really need an analysis of exactly what you're doing.

656
00:33:07.280 --> 00:33:09.640
And how much of the quote are you grabbing?

657
00:33:09.640 --> 00:33:11.240
Is it the essence of their work?

658
00:33:11.240 --> 00:33:13.400
And now that you've grabbed the essence of the work,

659
00:33:13.400 --> 00:33:14.440
that increases your value.

660
00:33:18.000 --> 00:33:21.120
Fair use is a really nasty area.

661
00:33:21.120 --> 00:33:24.600
It's very, very messy.

662
00:33:24.600 --> 00:33:26.720
For news reporters, it's easy.

663
00:33:26.720 --> 00:33:29.360
News reporters, something just happened.

664
00:33:29.360 --> 00:33:30.720
They put it in the paper.

665
00:33:30.720 --> 00:33:31.960
Somebody just said something.

666
00:33:31.960 --> 00:33:34.320
It pertains to what just happened just now.

667
00:33:34.320 --> 00:33:36.040
They get away with it all day long.

668
00:33:36.040 --> 00:33:37.480
They have no issues.

669
00:33:37.480 --> 00:33:40.160
The problem is most of us are not in news reporting.

670
00:33:40.160 --> 00:33:43.520
Most of us have had time to digest things,

671
00:33:43.520 --> 00:33:46.680
figure out if we add certain things in a certain sequence,

672
00:33:46.680 --> 00:33:48.600
does that increase my value?

673
00:33:48.600 --> 00:33:50.920
And will it make people buy my book more?

674
00:33:50.920 --> 00:33:54.040
And so for that reason, you really

675
00:33:54.040 --> 00:33:56.760
want to have somebody look at your specific scenario

676
00:33:56.760 --> 00:34:01.760
and see, does it truly fall into a fair use thing?

677
00:34:01.760 --> 00:34:08.040
And so what I'll do, Ray, I see you laughing nonstop

678
00:34:08.040 --> 00:34:09.760
this entire session.

679
00:34:10.360 --> 00:34:12.600
I don't know what you're doing behind me.

680
00:34:12.600 --> 00:34:16.040
I have no idea, but I'm starting to get afraid.

681
00:34:16.040 --> 00:34:19.480
Oh, I'm waking up.

682
00:34:19.480 --> 00:34:22.199
So can you just DM me?

683
00:34:22.199 --> 00:34:28.120
I'm going to list the factors tonight in the Facebook group.

684
00:34:28.120 --> 00:34:32.639
I'll list the factors and what each factor is.

685
00:34:32.639 --> 00:34:34.920
It's just, I mean, to be honest, Linda,

686
00:34:34.920 --> 00:34:39.719
it's a tricky area of law where people get sued all the time.

687
00:34:40.679 --> 00:34:44.320
And so what I tend to tell people

688
00:34:44.320 --> 00:34:46.960
is get all of your stuff together

689
00:34:46.960 --> 00:34:49.199
and then sit down with an attorney and say, OK, look,

690
00:34:49.199 --> 00:34:50.000
this is what I got.

691
00:34:50.000 --> 00:34:50.920
This is what I quoted.

692
00:34:50.920 --> 00:34:53.159
This is what's in my side.

693
00:34:53.159 --> 00:34:54.400
Is this OK?

694
00:34:54.400 --> 00:34:55.679
And they'll tell you yes or no.

695
00:34:55.679 --> 00:34:58.000
They should be able to look at it pretty fast

696
00:34:58.000 --> 00:35:00.920
and say, is this OK, this is not.

697
00:35:00.000 --> 00:35:04.920
See, in the audit, we can look at it really fast and we can say yes or no really fast.

698
00:35:04.920 --> 00:35:12.360
Um, but the, but separate from that, it would, it would literally be legal advice. You'd be looking at legal advice.

699
00:35:12.360 --> 00:35:18.840
And so I'll, I'll put tonight the factors and I'll put the criteria for the factors.

700
00:35:18.840 --> 00:35:23.280
In the Facebook group, and then you guys can take a look at that and kind of.

701
00:35:24.120 --> 00:35:27.560
At least know what the barriers are.

702
00:35:27.560 --> 00:35:31.560
Because fair use is a very dangerous area.

703
00:35:31.560 --> 00:35:34.280
I'm trying to use fair use.

704
00:35:34.280 --> 00:35:39.600
You like, that means you're already committing copyright infringement. Now, if you're just.

705
00:35:39.600 --> 00:35:45.480
Typically, if you're just taking a statement from somebody and it's not the essence of their copyrighted work.

706
00:35:45.480 --> 00:35:48.240
I've seen people do that all the time and they don't get in trouble.

707
00:35:48.480 --> 00:35:55.080
You know, um, but when you start grabbing a decent amount of material from somebody's copyrighted work.

708
00:35:55.080 --> 00:35:59.320
That's when the other party gets upset because.

709
00:35:59.320 --> 00:36:04.000
They're not getting royalties, you know, like, I can write a book today.

710
00:36:04.000 --> 00:36:14.760
I can take a book by, I don't know who, like, let's say by Greg Cardone or somebody like that. And I can take that book and analyze the whole book and write my own book.

711
00:36:15.120 --> 00:36:21.120
And keep quoting him, like, he says on page, blah, blah, blah, this is what happens is this.

712
00:36:21.120 --> 00:36:27.000
This is what happens, like, literally, I can break down every single part of it 1 by 1 and.

713
00:36:27.000 --> 00:36:32.280
I can get in trouble for that. So, um, hold on 1 second.

714
00:36:37.000 --> 00:36:44.360
Okay, all right, so let me go to Sean, so I'll, I'll drop the factors so you can see it.

715
00:36:44.480 --> 00:36:50.040
Okay, then you can, you can make an analysis based on that, but I would touch base with an attorney.

716
00:36:50.040 --> 00:36:53.000
Okay, Sean, you are up.

717
00:36:53.000 --> 00:36:59.760
Go ahead, she there.

718
00:36:59.760 --> 00:37:09.360
Hello, hello, Greg, I'm going to make it earlier tonight. I mean, this week, but thank you for.

719
00:37:09.480 --> 00:37:17.360
Answering me, I thought I was going to ask 1 question, but now after you talked about Linda's, I don't know, maybe I have a totally different 1.

720
00:37:17.360 --> 00:37:31.920
As if I'm certified under someone else and my method includes partly a thing that I invented, but part of it is based on her work.

721
00:37:31.920 --> 00:37:39.240
And I call it her work when I'm talking about my model, I've got my part of it and her part of it.

722
00:37:39.280 --> 00:37:53.720
So, I don't know, I never really thought so much about how tricky that is, what you're talking about is very complex because there's licensing issues, there's ownership of new creative work issues, there's derivative issues.

723
00:37:54.240 --> 00:38:05.080
There's you need to do the audit, I mean, I paid a lot to be certified under her and we have, we have the right to teach that work and a lot of people write about it in their own way.

724
00:38:05.480 --> 00:38:09.960
So, I'm not sure if any of them ever got sued, it's worth looking into.

725
00:38:10.480 --> 00:38:18.560
Okay, I don't know if I can tell you this, looking at looking at other people and saying, well, they didn't get sued, so I can do it.

726
00:38:18.840 --> 00:38:26.440
Yeah, not a good, not a good business plan, that's not a business plan I would follow.

727
00:38:26.440 --> 00:38:48.000
I mean, I have represented individuals and corporations, large and small, who thought to themselves, well, everybody else is doing it, and then I got to come in and save them, you know, and so, I mean, one of my clients, one of the ones in Massachusetts, the last major litigation I was in was in five years long, it was patent litigation.

728
00:38:48.000 --> 00:39:17.840
Started out in California, they sued my client in California, under the TC Hartland case, I had the case transferred to Massachusetts Federal District Court, one of the first cases ever transferred under TC Hartland, one that really got opposing counsel mad, because what people will do to try to make your life difficult in patent litigation is they'll sue you, they'll try to see you in a place that's very inconvenient.

729
00:39:18.320 --> 00:39:37.600
And so now you're spending a lot of money on lawyers, your own local counsel, plus another attorney who's who's in that courtroom, and I mean, it gets, you can double what you need to spend, and then the result is we had to transfer to Massachusetts, after four years, I end up winning the case.

730
00:39:38.880 --> 00:39:44.560
But I mean, all that basically to say there were other people doing it too, they just chose to sue my client.

731
00:39:45.280 --> 00:39:50.400
And we won. But in the long run, they spent one. No, they spent

732
00:39:52.280 --> 00:39:54.960
$3.2 million getting out of lawsuit.

733
00:39:56.640 --> 00:39:57.200
So,

734
00:39:57.840 --> 00:40:00.000
It occurs to me that if I'm if I'm

735
00:40:00.000 --> 00:40:05.920
writing about it, maybe what I need to do is just run the manuscript by them and get their

736
00:40:05.920 --> 00:40:12.400
permission to use it. Because I know they like having it disseminated, but I also don't know

737
00:40:13.040 --> 00:40:19.840
at what point do you cross the line. Being certified means I'm supposed to be able to go

738
00:40:19.840 --> 00:40:26.080
out and make money using this method, but to write about it and then disseminate it in a little bit

739
00:40:26.080 --> 00:40:38.240
of a different way with my own interpretation. The other question was really quick about copyright

740
00:40:38.240 --> 00:40:45.520
and you had at one moment you said you could do it for your company but license it to yourself.

741
00:40:46.720 --> 00:40:50.800
Because I'm trying to make decisions about whether to copyright it in the name of me or

742
00:40:50.800 --> 00:40:56.720
the name of my company. The problem is the name of my company might change. We're not totally set

743
00:40:56.720 --> 00:41:01.840
on it. So if you copyright or trademark something in the name of a company and then that company

744
00:41:01.840 --> 00:41:07.680
name changes, is that just sort of what happens then?

745
00:41:10.800 --> 00:41:16.320
Well, there's a thing called ownership of rights and again, Sean, I can't stress it enough.

746
00:41:16.320 --> 00:41:20.640
You need an IP audit. You're in a lot of dangerous areas that you're dabbling

747
00:41:21.200 --> 00:41:26.880
and you're asking generic questions to very specific situations that can be very dangerous.

748
00:41:27.520 --> 00:41:33.680
Yeah, I hear that. I'm definitely gonna. But let me just kind of talk to you about what's

749
00:41:33.680 --> 00:41:38.320
called assignments because I think everybody can learn from this. So there's this thing called

750
00:41:38.320 --> 00:41:47.520
assignment of all right title and interest, right? I talked to you guys about you have something

751
00:41:47.520 --> 00:41:53.840
in your name and you assign all right title interest to a company or you have a situation where

752
00:41:55.360 --> 00:42:01.680
you go to let's say a software developer. They create the software and you have them assign

753
00:42:01.680 --> 00:42:06.080
all right title and interest over to you, right? So that's how you get the rights to

754
00:42:06.720 --> 00:42:12.640
whatever it is. Now, let's say that you assign all your right title and interest to company ABC.

755
00:42:13.680 --> 00:42:21.360
Well, company ABC could be acquired by company 123. And if it's acquired by company 123,

756
00:42:22.080 --> 00:42:27.280
there's usually some kind of merger or acquisition document that says they're assigning all right

757
00:42:27.280 --> 00:42:35.040
title and interest of all the IP over the company 123, right? So you could have

758
00:42:36.320 --> 00:42:41.840
IP rights go from individuals to companies, companies to companies, individuals,

759
00:42:41.840 --> 00:42:46.240
the companies, the individuals, like companies, the individuals, like you do whatever you want.

760
00:42:46.960 --> 00:42:52.480
It's just an asset that you're transferring from one party to another. You've just got to be very,

761
00:42:52.480 --> 00:43:00.320
very careful, very, very careful in that some of the agreements of companies will specifically

762
00:43:00.320 --> 00:43:06.480
talk about the IP rights and what happens to the IP rights if the company is acquired

763
00:43:07.680 --> 00:43:17.280
or anything like that. So you need to know that beforehand. So you can't assign copyrights to

764
00:43:17.280 --> 00:43:23.760
company ABC if the legal agreement with company 123 that you work for says that you can't assign

765
00:43:23.760 --> 00:43:29.440
the rights. And there's also things called employee agreements, which we talk about in the portal,

766
00:43:30.000 --> 00:43:35.280
where an individual has an obligation to assign all right title and interest to the company.

767
00:43:36.080 --> 00:43:41.680
And now they're out there selling the IP rights to somebody else. They just violated an employee

768
00:43:41.680 --> 00:43:47.120
agreement. So now they can be sued on their contracts. It's a violation of an employee

769
00:43:47.120 --> 00:43:52.720
agreement, which is a contractual obligation. They can be sued on their employment law and contract

770
00:43:52.720 --> 00:44:01.120
law. And I'm telling you, it is a minefield. So this is why you guys like don't dabble in this

771
00:44:01.120 --> 00:44:08.480
area that none of this is legal advice. Like I'm telling you guys, I am just what I'm doing is I'm

772
00:44:08.480 --> 00:44:16.080
flagging the issues for you. So you understand that these things are tricky. And so there are

773
00:44:16.080 --> 00:44:22.880
areas that are simple, but you can go online and do a quick trademark search yourself. I taught you

774
00:44:22.880 --> 00:44:27.840
guys how to do that. But at the end of the day, the reason why you're doing that trademark search

775
00:44:28.560 --> 00:44:33.600
is so that you can decrease the number of trademarks that you present to your attorney.

776
00:44:33.600 --> 00:44:38.320
So you had 10 ideas, you brought it down to two or one, you bring those two or one to the

777
00:44:38.320 --> 00:44:47.120
attorneys, you're spending 10% to 20% of what you would have spent before. Right? That is tremendous

778
00:44:47.120 --> 00:44:53.440
savings. And if you do that consistently, as a business owner, you're going to do very well

779
00:44:53.440 --> 00:44:58.080
because you can use the money that you would have spent on certain things for legal services,

780
00:44:58.080 --> 00:44:59.760
you can use it for getting clients.

781
00:45:00.000 --> 00:45:03.520
marketing, you know, working for the company,

782
00:45:03.520 --> 00:45:05.720
like merchandise, whatever you want.

783
00:45:06.700 --> 00:45:10.780
But in your case, Sean, do an audit.

784
00:45:10.780 --> 00:45:14.080
I'm telling you, you have too many things,

785
00:45:14.080 --> 00:45:16.040
things that are jumping up from what you're talking about

786
00:45:16.040 --> 00:45:17.960
from assignment issues to license issues,

787
00:45:17.960 --> 00:45:22.960
to certification issues, contractual obligations,

788
00:45:23.260 --> 00:45:24.760
employee issues.

789
00:45:24.760 --> 00:45:27.260
I mean, there's so many things.

790
00:45:27.260 --> 00:45:29.840
There's so many red flags going off when you speak.

791
00:45:31.300 --> 00:45:34.060
And that's partially because you're smart, obviously.

792
00:45:34.060 --> 00:45:35.960
So you have a lot of opportunities.

793
00:45:35.960 --> 00:45:40.100
So I give you credit in that clearly you're intelligent

794
00:45:40.100 --> 00:45:41.700
because you have all these opportunities,

795
00:45:41.700 --> 00:45:43.940
but you need to do an audit.

796
00:45:43.940 --> 00:45:46.100
So, all right, let me take one more question.

797
00:45:46.100 --> 00:45:49.540
Anne Marie, I don't think we've taken a question from you.

798
00:45:51.900 --> 00:45:53.020
Nope, you haven't.

799
00:45:53.020 --> 00:45:53.860
So this is my-

800
00:45:53.860 --> 00:45:55.080
Awesome.

801
00:45:55.080 --> 00:45:55.920
Here it goes.

802
00:45:56.240 --> 00:45:57.320
Here it goes.

803
00:45:57.320 --> 00:45:58.160
Here it goes.

804
00:45:58.160 --> 00:45:59.000
Here it goes.

805
00:45:59.000 --> 00:45:59.820
Here it goes.

806
00:45:59.820 --> 00:46:00.660
Oh.

807
00:46:00.660 --> 00:46:04.480
Shauna is talking about stuff that I'm trying to prevent.

808
00:46:04.480 --> 00:46:07.080
So I'm one of those lucky few, I guess,

809
00:46:07.080 --> 00:46:09.080
that are starting from scratch.

810
00:46:09.080 --> 00:46:09.920
Yes.

811
00:46:09.920 --> 00:46:14.160
Done independent work for other people,

812
00:46:14.160 --> 00:46:16.880
but I haven't really formalized anything.

813
00:46:16.880 --> 00:46:18.800
And now I'm being offered,

814
00:46:18.800 --> 00:46:21.640
you and I talked at the conference quickly

815
00:46:21.640 --> 00:46:24.040
about who wants to do a spinoff

816
00:46:24.880 --> 00:46:27.040
and then give it to me when he retires.

817
00:46:27.040 --> 00:46:31.680
But to me, that just sounds wasteful and a big mess.

818
00:46:31.680 --> 00:46:36.360
So I've been working for him.

819
00:46:36.360 --> 00:46:37.880
Things are blowing up for him.

820
00:46:37.880 --> 00:46:38.720
He's very happy.

821
00:46:38.720 --> 00:46:42.120
He wanted me to do faith-based focus

822
00:46:42.120 --> 00:46:44.660
because he sees that's where the favor is.

823
00:46:45.640 --> 00:46:50.640
Wants to set up a business, make me the face of it.

824
00:46:51.320 --> 00:46:52.160
Nice.

825
00:46:52.160 --> 00:46:54.200
I don't want to be the face of anything.

826
00:46:54.200 --> 00:46:56.760
So I'm not paid to a day out.

827
00:46:56.760 --> 00:47:00.560
So I want a name, but I also want to do it right

828
00:47:00.560 --> 00:47:05.560
so that if he retires or something happens to him,

829
00:47:05.600 --> 00:47:07.400
I don't get caught in the IP issues

830
00:47:07.400 --> 00:47:08.320
that you're talking about,

831
00:47:08.320 --> 00:47:12.920
like disappearing or it being bought by somebody else

832
00:47:12.920 --> 00:47:14.760
and my stuff as well.

833
00:47:14.760 --> 00:47:15.600
Right.

834
00:47:15.600 --> 00:47:16.440
And having some-

835
00:47:16.440 --> 00:47:17.280
It's smart.

836
00:47:17.280 --> 00:47:18.120
It's smart.

837
00:47:18.120 --> 00:47:18.960
Yeah.

838
00:47:19.800 --> 00:47:20.640
Yeah.

839
00:47:20.640 --> 00:47:23.600
So, and I'm kind of already dealing

840
00:47:23.600 --> 00:47:25.360
with some of the stuff Sean was talking about,

841
00:47:25.360 --> 00:47:27.560
but in a much smaller way.

842
00:47:27.560 --> 00:47:30.040
And I don't want to do this wrong,

843
00:47:30.040 --> 00:47:31.640
especially if it's fake.

844
00:47:31.640 --> 00:47:32.480
We already have-

845
00:47:32.480 --> 00:47:34.000
It's, all right.

846
00:47:34.000 --> 00:47:35.400
So I'm just going to speak-

847
00:47:35.400 --> 00:47:36.240
Chico.

848
00:47:39.840 --> 00:47:40.800
What was that?

849
00:47:42.720 --> 00:47:43.960
Chico, what was that?

850
00:47:46.520 --> 00:47:47.360
Okay.

851
00:47:49.400 --> 00:47:51.200
This is when it starts to get interesting.

852
00:47:51.200 --> 00:47:53.520
Friday night, 9.23 PM.

853
00:47:54.520 --> 00:47:56.640
Other voices are speaking at this point.

854
00:47:56.640 --> 00:47:58.120
Hmm, Chico.

855
00:47:58.120 --> 00:47:58.960
All right.

856
00:47:58.960 --> 00:48:00.880
So with that being the case,

857
00:48:02.840 --> 00:48:06.280
let me walk through something.

858
00:48:07.840 --> 00:48:09.520
I got a really good example.

859
00:48:09.520 --> 00:48:11.480
I think it's going to help you.

860
00:48:11.480 --> 00:48:12.320
All right.

861
00:48:12.320 --> 00:48:15.520
There was this wonderful elderly gentleman, right?

862
00:48:16.600 --> 00:48:17.440
This was a long time ago.

863
00:48:17.720 --> 00:48:18.920
It was like 14 years ago.

864
00:48:18.920 --> 00:48:21.000
I think his name was Roger.

865
00:48:21.000 --> 00:48:22.040
Forgot his last name,

866
00:48:22.040 --> 00:48:25.440
but he was a prolific inventor,

867
00:48:25.440 --> 00:48:27.320
like always coming up with new ideas,

868
00:48:27.320 --> 00:48:28.840
always just brilliant,

869
00:48:28.840 --> 00:48:31.040
like scary brilliant, you know?

870
00:48:31.040 --> 00:48:34.280
And he was in his eighties though, right?

871
00:48:34.280 --> 00:48:36.360
Now he had a company

872
00:48:37.560 --> 00:48:40.080
and all the IP was in his name.

873
00:48:40.080 --> 00:48:42.200
Like everything was in his name

874
00:48:42.200 --> 00:48:44.520
because he was remarkably possessive.

875
00:48:45.560 --> 00:48:46.680
Like I would meet,

876
00:48:47.600 --> 00:48:50.040
I tried to send one of my associates to him

877
00:48:50.040 --> 00:48:52.160
and he wouldn't allow me to.

878
00:48:52.160 --> 00:48:55.200
He would make me drive an hour and a half to two hours

879
00:48:55.200 --> 00:48:59.480
to his house on the lake just to talk to him.

880
00:48:59.480 --> 00:49:01.520
And he says, I don't care what you build.

881
00:49:01.520 --> 00:49:02.360
I want to work with you.

882
00:49:02.360 --> 00:49:03.680
I don't even want to work with you.

883
00:49:03.680 --> 00:49:06.320
So I drive all the way out to him

884
00:49:06.320 --> 00:49:08.400
and he would literally just take out paper

885
00:49:08.400 --> 00:49:09.920
and he'd start sketching.

886
00:49:09.920 --> 00:49:10.960
I want to own this.

887
00:49:10.960 --> 00:49:12.080
And then he'd sketch something else.

888
00:49:12.080 --> 00:49:12.920
I want to own this.

889
00:49:12.920 --> 00:49:16.400
I mean, the guy, he's scary smart, you know?

890
00:49:17.440 --> 00:49:19.360
Now here's the problem.

891
00:49:19.360 --> 00:49:21.760
He had multiple sons.

892
00:49:21.760 --> 00:49:24.040
The sons knew he was getting older

893
00:49:24.040 --> 00:49:28.440
and they were concerned that if dad passed away

894
00:49:28.440 --> 00:49:31.760
what's going to happen to all the IP, right?

895
00:49:31.760 --> 00:49:32.680
That was the big issue.

896
00:49:32.680 --> 00:49:35.000
What's going to happen to all this IP?

897
00:49:35.000 --> 00:49:39.280
Because the kids were associated with the company

898
00:49:39.280 --> 00:49:44.280
but dad did not in the will and the trust that he created

899
00:49:46.680 --> 00:49:50.520
he didn't want to give the stuff to the kids.

900
00:49:51.400 --> 00:49:53.880
He wanted the kids to create their own thing

901
00:49:53.880 --> 00:49:55.960
create their own wealth, right?

902
00:49:55.960 --> 00:50:00.960
So what he did instead was he gave the IP to the kids.

903
00:50:00.000 --> 00:50:03.320
to the company and to, like, if he passed away,

904
00:50:03.320 --> 00:50:05.880
it was gonna go to the company and to the employees.

905
00:50:05.880 --> 00:50:07.520
So the employees would make a ton of money

906
00:50:07.520 --> 00:50:10.660
because he was very faithful to his employees.

907
00:50:10.660 --> 00:50:12.760
All right, so what does this have to do

908
00:50:12.760 --> 00:50:14.800
with what we're talking about here?

909
00:50:14.800 --> 00:50:17.720
The kids were going crazy and they tried calling me up

910
00:50:17.720 --> 00:50:20.520
saying, hey, look, we'll pay you whatever.

911
00:50:20.520 --> 00:50:21.360
Can you meet with us?

912
00:50:21.360 --> 00:50:22.360
I said, I can't meet with you

913
00:50:22.360 --> 00:50:24.360
because that's a conflict of interest.

914
00:50:24.360 --> 00:50:26.840
I represent your dad and I represent the company

915
00:50:26.840 --> 00:50:30.800
because the two are unified, right, in purpose,

916
00:50:30.800 --> 00:50:33.080
but you clearly are not unified in purpose.

917
00:50:33.080 --> 00:50:34.760
You wanna take over the IP rights.

918
00:50:34.760 --> 00:50:36.520
I can't meet with you.

919
00:50:36.520 --> 00:50:38.480
And they did all sorts of stuff

920
00:50:38.480 --> 00:50:40.400
to try to get me to meet with them, and I wouldn't.

921
00:50:40.400 --> 00:50:41.840
I kept refusing and refusing.

922
00:50:42.840 --> 00:50:46.760
Dad died a number of years later.

923
00:50:46.760 --> 00:50:49.640
I loved him, great guy, passes away.

924
00:50:50.640 --> 00:50:53.020
IP rights go to the company.

925
00:50:53.060 --> 00:50:56.740
Kids have no rights in any of it at all.

926
00:50:58.460 --> 00:51:00.980
Now, since the company owns it,

927
00:51:00.980 --> 00:51:03.740
the people who are at the board level of the company

928
00:51:03.740 --> 00:51:08.740
control the IP and tell the kids, bye-bye.

929
00:51:08.960 --> 00:51:12.380
Like, you now can't even, you can't use this stuff.

930
00:51:12.380 --> 00:51:14.620
You can't even consider using this stuff.

931
00:51:14.620 --> 00:51:16.060
If we ever see you using this stuff,

932
00:51:16.060 --> 00:51:18.600
we will sue you as a corporation,

933
00:51:18.600 --> 00:51:20.820
even though you're the sons, right?

934
00:51:20.820 --> 00:51:22.500
So I tell you all this

935
00:51:22.500 --> 00:51:26.020
because licensing is really important.

936
00:51:26.980 --> 00:51:29.940
Obtaining some kind of detailed license agreement

937
00:51:29.940 --> 00:51:32.820
with a party who owns IP is really important.

938
00:51:32.820 --> 00:51:34.900
If I'm in a situation where,

939
00:51:36.540 --> 00:51:39.300
and this is stuff that we go into in the protection portal.

940
00:51:39.300 --> 00:51:41.000
Make sure you're there Monday, all right?

941
00:51:41.000 --> 00:51:43.500
So you understand, I'll talk more about this then.

942
00:51:43.500 --> 00:51:48.500
But if I'm in a situation where somebody owns the IP,

943
00:51:49.500 --> 00:51:53.500
but they're allowing me to use it

944
00:51:53.500 --> 00:51:57.180
in a certain market segment, I want a license agreement.

945
00:51:57.180 --> 00:52:01.500
And I wanted to say that they're giving me a license

946
00:52:01.500 --> 00:52:05.860
to do, a non-exclusive license to do X, Y, and Z, right?

947
00:52:05.860 --> 00:52:08.220
And I want to make sure that that license agreement,

948
00:52:08.220 --> 00:52:11.180
man, I'm going way deep for you guys.

949
00:52:11.180 --> 00:52:12.460
This is way deep.

950
00:52:12.460 --> 00:52:14.300
I want to make sure that license agreement

951
00:52:14.300 --> 00:52:18.260
goes into like terms and conditions.

952
00:52:19.020 --> 00:52:20.180
If the guy dies,

953
00:52:20.180 --> 00:52:22.660
like I want all that stuff in a license agreement.

954
00:52:22.660 --> 00:52:25.660
So the answer towards what you're referring to is

955
00:52:27.100 --> 00:52:29.780
license agreement is going to be very important.

956
00:52:29.780 --> 00:52:33.380
And it should have terms that talk about all of this,

957
00:52:33.380 --> 00:52:35.860
like in detail, you know,

958
00:52:36.940 --> 00:52:39.860
like if he passes away to talk about

959
00:52:39.860 --> 00:52:42.340
what happens to the assets and, you know,

960
00:52:42.340 --> 00:52:44.220
do you get a right of first refusal

961
00:52:44.220 --> 00:52:46.140
or do you get a right to purchase the IP

962
00:52:46.140 --> 00:52:48.340
if he passes away first?

963
00:52:48.340 --> 00:52:49.180
And if he, you know,

964
00:52:49.180 --> 00:52:50.860
and if he truly cares about this stuff,

965
00:52:50.860 --> 00:52:53.300
he should be okay to talk with you about it.

966
00:52:53.300 --> 00:52:56.420
If not, then he's really trying to control everything.

967
00:52:56.420 --> 00:53:00.180
And, you know, then I got to think to myself,

968
00:53:00.180 --> 00:53:03.820
if he's really trying to control these assets that strongly,

969
00:53:05.220 --> 00:53:10.220
then maybe this is not a long-term play.

970
00:53:12.300 --> 00:53:13.220
Maybe this is,

971
00:53:13.220 --> 00:53:16.020
I've got favor right now to work with the guy,

972
00:53:16.900 --> 00:53:20.060
but long-term, this may not be a business model.

973
00:53:20.060 --> 00:53:22.140
See, whenever I'm building a business,

974
00:53:22.140 --> 00:53:26.340
I need legal documents to support my business, right?

975
00:53:26.340 --> 00:53:27.420
That's vital.

976
00:53:27.420 --> 00:53:29.740
That's vital because, you know,

977
00:53:29.740 --> 00:53:31.940
Tom may not be around tomorrow

978
00:53:31.940 --> 00:53:35.100
or ABC Corporation may be bought out by another company.

979
00:53:35.100 --> 00:53:38.540
So I want legal documents that are saying what I can do.

980
00:53:38.540 --> 00:53:43.340
And if somebody else purchases that company,

981
00:53:43.340 --> 00:53:46.180
when they purchase, it needs to be subject to my terms

982
00:53:46.180 --> 00:53:48.940
so that I can continue doing what I'm doing,

983
00:53:48.940 --> 00:53:52.020
even if another person purchases the company.

984
00:53:52.020 --> 00:53:54.300
That's how I do business.

985
00:53:54.300 --> 00:53:56.180
That's how I always do business

986
00:53:56.180 --> 00:53:58.300
is that I'm looking long-term,

987
00:53:58.300 --> 00:54:00.060
I'm looking to keep things running,

988
00:54:00.060 --> 00:54:02.580
regardless of if that person that I licensed from

989
00:54:02.580 --> 00:54:04.020
is alive or dead.

990
00:54:04.020 --> 00:54:05.380
If they're dead,

991
00:54:05.380 --> 00:54:07.900
I would love to have the right to buy the IP,

992
00:54:07.900 --> 00:54:08.860
you know, potentially.

993
00:54:08.860 --> 00:54:10.380
Like these are things that I'm thinking of.

994
00:54:10.380 --> 00:54:12.180
And you'll learn more about this stuff

995
00:54:12.180 --> 00:54:13.020
if you go in the portal,

996
00:54:13.020 --> 00:54:15.740
we go into all this stuff in detail.

997
00:54:15.740 --> 00:54:16.580
All right.

998
00:54:16.580 --> 00:54:18.020
And with that,

999
00:54:18.020 --> 00:54:20.060
there's the last question.

1000
00:54:20.060 --> 00:54:22.340
The last question.

1001
00:54:22.340 --> 00:54:24.380
Last but not least,

1002
00:54:26.740 --> 00:54:28.020
the great Jackie,

1003
00:54:29.500 --> 00:54:30.780
where we actually began.

1004
00:54:30.780 --> 00:54:31.820
I think we actually,

1005
00:54:31.820 --> 00:54:34.820
I think you were the first person to speak

1006
00:54:34.820 --> 00:54:36.420
in the very beginning.

1007
00:54:36.420 --> 00:54:38.900
So I think we are ending

1008
00:54:38.900 --> 00:54:41.900
with the same awesomeness that we began with,

1009
00:54:42.620 --> 00:54:43.460
which is good.

1010
00:54:43.460 --> 00:54:44.500
Oh, thank you.

1011
00:54:44.500 --> 00:54:46.180
Oh my gosh.

1012
00:54:46.180 --> 00:54:47.340
I'm pretty sure, but all right.

1013
00:54:47.340 --> 00:54:48.340
So anyways, you're up.

1014
00:54:48.340 --> 00:54:49.300
What's your question?

1015
00:54:49.300 --> 00:54:51.300
Weird, weird, weird.

1016
00:54:51.300 --> 00:54:55.660
I could not find my name in the trademark,

1017
00:54:55.660 --> 00:55:00.140
but if you have a trademark that sounds like words,

1018
00:55:00.000 --> 00:55:09.300
it's an acronym can you get into can you get into trouble with that like say

1019
00:55:09.300 --> 00:55:14.040
there's a trademark with actual words that are found in the dictionary and

1020
00:55:14.040 --> 00:55:21.480
then the acronym that I've created is not is not in the trademark does that in

1021
00:55:21.480 --> 00:55:30.800
would that be a problem because it's I will let you know this the way that the

1022
00:55:30.800 --> 00:55:35.120
USPTO looks at acronyms is they look at the words that are comprised of the

1023
00:55:35.120 --> 00:55:43.680
acronym so they they say okay well the acronym is you know whatever like trying

1024
00:55:43.680 --> 00:55:52.120
to think of a good yeah FYI FYI right so they so the examiner immediately sends a

1025
00:55:52.120 --> 00:55:56.360
communication out to the trademark applicant and says what does FYI stand

1026
00:55:56.360 --> 00:56:00.840
for that's what they do immediately and then they say oh it stands for for your

1027
00:56:00.840 --> 00:56:04.280
information then they do a search before your information and if they find out

1028
00:56:04.280 --> 00:56:09.240
that for your information potentially in front potentially it has a likelihood of

1029
00:56:09.240 --> 00:56:12.840
confusion with some other registration then they reject it okay that's how it

1030
00:56:12.840 --> 00:56:19.440
works okay because I have a lot of acronyms that mean something else so am

1031
00:56:19.440 --> 00:56:24.120
I supposed to spell that out in the trademark like what it would actually

1032
00:56:24.120 --> 00:56:27.640
follow the application everything that's stuff that we go through in the

1033
00:56:27.640 --> 00:56:33.320
protection world okay so yeah but as far as acronyms go just understand whenever

1034
00:56:33.320 --> 00:56:39.120
you file an application the examiner is going to they're immediately gonna

1035
00:56:39.120 --> 00:56:42.640
respond I mean I've seen this pretty much every single time they're gonna

1036
00:56:42.640 --> 00:56:48.320
come back and say what other words what does it stand for and then and this is

1037
00:56:48.320 --> 00:56:54.720
why one of the things I talk about in the portal is I talk about how do you

1038
00:56:54.720 --> 00:57:00.720
word your recitation of goods and services so that you don't get rejected

1039
00:57:00.720 --> 00:57:04.880
right because there's an art form to actually if you just file your

1040
00:57:04.880 --> 00:57:10.000
application and in your application it says

1041
00:57:10.000 --> 00:57:17.680
something like so FYI is the acronym and then you say it's it's used for books

1042
00:57:17.680 --> 00:57:25.920
that are teaching you information or it's used for books that are disclosing

1043
00:57:25.920 --> 00:57:31.560
things that are for your information right something like that it's gonna get

1044
00:57:31.560 --> 00:57:36.320
rejected as merely descriptive because the words for your information or in the

1045
00:57:36.320 --> 00:57:40.320
recitation of services and so therefore it's gonna get rejected because the

1046
00:57:40.320 --> 00:57:45.960
actual words of the application are actually in if they're actually in the

1047
00:57:45.960 --> 00:57:50.640
description of the services so therefore it's gonna get rejected so okay all

1048
00:57:50.640 --> 00:57:56.280
right I'm gonna close there I'm full hopefully you guys are full there's like

1049
00:57:56.280 --> 00:57:59.560
there's a ton of stuff that we went through guys I think we probably went

1050
00:57:59.560 --> 00:58:06.160
through more this time than probably ever and so I hope you will join us

1051
00:58:06.160 --> 00:58:12.560
either through the audit or in the portal you'll hear more about the portal

1052
00:58:12.560 --> 00:58:19.960
on Monday but as far as the offer for doing the for doing the audit this audit

1053
00:58:19.960 --> 00:58:28.920
the offer closes Saturday at midnight it's over okay so that means this offer

1054
00:58:28.920 --> 00:58:34.520
that we're providing for the $59.95 it includes the audit the trademark search

1055
00:58:34.520 --> 00:58:40.120
the trademark application it also includes the protection portal at no

1056
00:58:40.120 --> 00:58:46.360
cost because a protection portal typically is $29.95 that's the normal

1057
00:58:46.360 --> 00:58:52.040
cost of the portal you're getting it for free all right so with the audit you're

1058
00:58:52.040 --> 00:58:59.160
getting the portal for free after Saturday at midnight if you if you're

1059
00:58:59.160 --> 00:59:05.720
pursuing the the audit you do not get the portal for free okay and with that

1060
00:59:05.720 --> 00:59:09.320
if anybody has any questions on that I know there's a few people that were

1061
00:59:09.320 --> 00:59:15.200
asking about a payment plan meaning can they split it in two absolutely yeah

1062
00:59:15.200 --> 00:59:22.560
well let's talk and we can we can figure that out for you just DM me what

1063
00:59:22.560 --> 00:59:28.720
is this Rhea has a testimony of healing Rhea the testimony of healing why don't

1064
00:59:28.720 --> 00:59:41.160
you share it I do before you stay good night yes so you know I'm here and I've

1065
00:59:41.160 --> 00:59:53.960
had neck pain for years like years like years right and big on the PT for the

1066
00:59:53.960 --> 00:59:59.840
past four weeks not for my neck for my back

1067
01:00:00.000 --> 01:00:03.120
And the exercises that I've been doing, of course,

1068
01:00:03.120 --> 01:00:05.080
have been aggravating the neck.

1069
01:00:05.080 --> 01:00:05.640
I don't know.

1070
01:00:05.640 --> 01:00:07.520
I don't know where it came from.

1071
01:00:07.520 --> 01:00:09.760
But over the past few months, I've

1072
01:00:09.760 --> 01:00:13.160
been working on my laptop.

1073
01:00:13.160 --> 01:00:16.040
So it's like, oh.

1074
01:00:16.040 --> 01:00:19.840
When it came out of your mouth, I was like, what?

1075
01:00:19.840 --> 01:00:22.200
Oh, that's mine.

1076
01:00:22.200 --> 01:00:24.800
So God works.

1077
01:00:24.800 --> 01:00:27.160
If any of you here don't believe,

1078
01:00:27.240 --> 01:00:30.720
I'm telling you that God works miracles.

1079
01:00:30.720 --> 01:00:32.960
Thank you, Peter, for being obedient.

1080
01:00:32.960 --> 01:00:37.760
And thank you, God, for your Holy Spirit in this room.

1081
01:00:37.760 --> 01:00:38.760
Amen.

1082
01:00:38.760 --> 01:00:39.680
Amen.

1083
01:00:39.680 --> 01:00:40.560
That is awesome.

1084
01:00:40.560 --> 01:00:41.040
I love it.

1085
01:00:41.040 --> 01:00:42.200
And he will do it.

1086
01:00:42.200 --> 01:00:42.700
Yes.

1087
01:00:42.700 --> 01:00:43.520
That's awesome.

1088
01:00:43.520 --> 01:00:44.440
That's awesome.

1089
01:00:44.440 --> 01:00:44.960
I love it.

1090
01:00:44.960 --> 01:00:46.760
You never know what you're going to expect,

1091
01:00:46.760 --> 01:00:48.480
what you're going to get.

1092
01:00:48.480 --> 01:00:50.120
So God is good.

1093
01:00:50.120 --> 01:00:51.000
Amen.

1094
01:00:51.000 --> 01:00:55.200
For those who actually don't know,

1095
01:00:55.200 --> 01:00:56.280
Larissa will tell you this.

1096
01:00:56.280 --> 01:00:58.480
Ray will tell you this.

1097
01:00:58.480 --> 01:01:01.560
In our group, we pray over companies.

1098
01:01:01.560 --> 01:01:03.480
We pray for healing, things like that.

1099
01:01:03.480 --> 01:01:08.480
So it's not just a business.

1100
01:01:08.480 --> 01:01:11.840
When people have a need, we take care of it.

1101
01:01:11.840 --> 01:01:14.200
And obviously, it's all God anyway, right?

1102
01:01:14.200 --> 01:01:16.480
Jesus finished the works already.

1103
01:01:16.480 --> 01:01:17.720
We're not doing new works.

1104
01:01:17.720 --> 01:01:19.360
Oh, man, I'm starting to feel them now.

1105
01:01:19.360 --> 01:01:20.280
All right.

1106
01:01:20.280 --> 01:01:21.960
All right, we're not done yet.

1107
01:01:21.960 --> 01:01:24.120
If you guys got to go, just go.

1108
01:01:24.160 --> 01:01:26.160
If you people are like, what's going on now?

1109
01:01:26.160 --> 01:01:27.640
I don't understand.

1110
01:01:27.640 --> 01:01:29.120
If you got to go, go.

1111
01:01:29.120 --> 01:01:30.000
I bless you.

1112
01:01:30.000 --> 01:01:31.760
I hope your business are incredible.

1113
01:01:31.760 --> 01:01:33.880
But something's happening here.

1114
01:01:33.880 --> 01:01:35.800
So we're going to dig in a little bit.

1115
01:01:35.800 --> 01:01:40.000
So this happens every challenge.

1116
01:01:40.000 --> 01:01:41.600
Prophetic words start dropping.

1117
01:01:41.600 --> 01:01:43.080
Businesses start transforming.

1118
01:01:43.080 --> 01:01:46.440
So let me just move forward with this.

1119
01:01:46.440 --> 01:01:49.840
So yeah, I mean, the fact of the matter

1120
01:01:49.840 --> 01:01:53.120
is Jesus already finished the work.

1121
01:01:53.120 --> 01:01:55.400
I've seen people praying for healing of other people

1122
01:01:55.400 --> 01:01:59.040
where they're like, hmm.

1123
01:01:59.040 --> 01:02:01.280
I think they like watch too many cartoons,

1124
01:02:01.280 --> 01:02:04.520
like where the cartoons are like, are you OK?

1125
01:02:04.520 --> 01:02:05.280
They're like that.

1126
01:02:05.280 --> 01:02:07.040
They're literally calling forth energy.

1127
01:02:07.040 --> 01:02:09.360
And if you're calling forth energy,

1128
01:02:09.360 --> 01:02:10.440
that's called witchcraft.

1129
01:02:10.440 --> 01:02:12.800
That's not called healing, all right?

1130
01:02:12.800 --> 01:02:13.880
That's different.

1131
01:02:13.880 --> 01:02:17.560
So what I would do is, the works are already done.

1132
01:02:17.560 --> 01:02:19.680
Just call forth the finished works of Jesus Christ.

1133
01:02:19.680 --> 01:02:20.640
That's it.

1134
01:02:20.640 --> 01:02:23.840
If you're a believer, you're an ambassador of Christ,

1135
01:02:23.840 --> 01:02:25.200
you can just call it forth.

1136
01:02:25.200 --> 01:02:27.480
You don't need to conjure anything.

1137
01:02:27.480 --> 01:02:30.560
If you're conjuring, you're doing it of your own efforts.

1138
01:02:30.560 --> 01:02:32.880
You're not allowing God to flow through you.

1139
01:02:32.880 --> 01:02:35.200
You shouldn't be getting tired when you pray for others.

1140
01:02:35.200 --> 01:02:37.720
You shouldn't be getting sick when you pray for others.

1141
01:02:37.720 --> 01:02:39.160
You're working through God.

1142
01:02:39.160 --> 01:02:43.720
And so with that, yeah, it's just

1143
01:02:43.720 --> 01:02:45.400
when the Lord just puts it on your heart,

1144
01:02:45.400 --> 01:02:48.040
just pray for others and call forth this finished work

1145
01:02:48.040 --> 01:02:48.920
and let it be done.

1146
01:02:48.920 --> 01:02:52.240
So let me just see if there's anything in particular

1147
01:02:52.240 --> 01:02:56.800
we're supposed to talk about over people's businesses.

1148
01:02:56.800 --> 01:03:01.000
Yeah, I'm just going to pray over spouses.

1149
01:03:01.000 --> 01:03:06.480
I'm seeing situations where spouses are not aligned.

1150
01:03:06.480 --> 01:03:08.080
And so it's making it difficult.

1151
01:03:08.080 --> 01:03:10.280
It's hurting some of your hearts.

1152
01:03:10.280 --> 01:03:12.560
It's very painful.

1153
01:03:12.560 --> 01:03:14.360
And so I just want to pray over that.

1154
01:03:14.360 --> 01:03:18.680
So yeah, Lord, I just thank you for the beauty of marriage.

1155
01:03:18.680 --> 01:03:21.760
I thank you for the covenant that is created.

1156
01:03:21.760 --> 01:03:25.880
I thank you that, Holy Spirit, you, husband and wife,

1157
01:03:25.880 --> 01:03:29.560
when they come together, it's a perfect unison, Lord.

1158
01:03:29.560 --> 01:03:32.600
And Lord, if the ideas that you're providing to people

1159
01:03:32.600 --> 01:03:37.680
truly are from you, then it becomes remarkably powerful

1160
01:03:37.680 --> 01:03:40.400
when husband and wife are aligned, Lord.

1161
01:03:40.400 --> 01:03:45.880
So if there is any area of sensitivity,

1162
01:03:45.920 --> 01:03:50.720
discord, anger, fear, Lord, we ask in Jesus' name

1163
01:03:50.720 --> 01:03:54.240
that you would just step in and just vanquish those things,

1164
01:03:54.240 --> 01:03:57.040
provide peace between both,

1165
01:03:57.040 --> 01:04:02.040
that there would just be a grace and ease in business, Lord,

1166
01:04:02.360 --> 01:04:06.280
a unity, a respect for each other.

1167
01:04:06.280 --> 01:04:08.000
Cool.

1168
01:04:08.000 --> 01:04:10.320
Yeah, and Lord, any wounds, any wounds,

1169
01:04:10.320 --> 01:04:14.880
any heart wounds that people have incurred

1170
01:04:14.880 --> 01:04:16.880
in the process of trying to step forward

1171
01:04:16.880 --> 01:04:18.200
in what they're being called to, Lord,

1172
01:04:18.200 --> 01:04:20.160
I just ask that you would heal them now,

1173
01:04:20.160 --> 01:04:22.880
that a dunamis resurrection power of Jesus Christ

1174
01:04:22.880 --> 01:04:25.720
would flow through people, the fire of God,

1175
01:04:25.720 --> 01:04:28.040
and by the blood of Jesus, they would be healed.

1176
01:04:28.040 --> 01:04:31.320
Their heart wounds would be healed now, Lord,

1177
01:04:31.320 --> 01:04:33.280
that any offense would be released,

1178
01:04:33.280 --> 01:04:36.120
that any unforgiveness would be released

1179
01:04:36.120 --> 01:04:38.840
so as to remove any permission for any attack

1180
01:04:38.840 --> 01:04:43.840
in any way, shape, or form, in Jesus' name, amen.

1181
01:04:45.640 --> 01:04:46.480
Amen.

1182
01:04:46.480 --> 01:04:48.040
Did that resonate with you guys?

1183
01:04:48.040 --> 01:04:51.040
Just, cause that popped up for a number of people.

1184
01:04:51.040 --> 01:04:55.200
So yeah, so, and with that, I'm gonna close.

1185
01:04:56.200 --> 01:04:57.440
This has been a lot of fun.

1186
01:04:57.440 --> 01:05:00.080
I've enjoyed doing this with you guys on Monday.

1187
01:05:00.000 --> 01:05:07.360
day we're going to go over logos and searching logos and I think and that's it. It should only

1188
01:05:07.360 --> 01:05:13.040
take about a half hour though it's not going to be a full hour okay and with that I wish you an

1189
01:05:13.040 --> 01:05:18.240
incredible weekend. If you have any questions on the Protection Portal or the audit DM me.

1190
01:05:19.360 --> 01:05:25.280
If you're DMing Ray or Jill or Larissa DM me personally okay because they're going to just

1191
01:05:25.280 --> 01:05:30.560
bring it to me anyway. So at the end of the day you're going to go on the phone and you're going

1192
01:05:30.560 --> 01:05:37.040
to talk and you're saying this happened and then my dog did this and my homework was eaten and then

1193
01:05:37.040 --> 01:05:40.400
you know a vulture came above and then you're just gonna have to tell me the whole thing.

1194
01:05:41.040 --> 01:05:46.720
Anyway so this way I'm here for you guys. I've set up the time for the weekend to just kind of

1195
01:05:46.720 --> 01:05:52.320
be available for you guys. You guys are incredible so just bless all of you and your businesses. I've

1196
01:05:52.320 --> 01:05:57.760
had so much fun with you this week and have an incredible weekend. I am gonna sleep tonight so

1197
01:05:59.280 --> 01:06:00.400
take care everybody.
