WEBVTT

1
00:00:00.000 --> 00:00:16.400
Yeah. So shameless plug for Peter. I actually met him last week at an event and he's brilliant.

2
00:00:16.400 --> 00:00:19.240
As soon as I heard him start speaking about what he's doing, I said, I want to work with

3
00:00:19.240 --> 00:00:25.880
that guy. So yeah. Anyway, awesome to Kenya. I appreciate that. Thank you. I came in at

4
00:00:25.880 --> 00:00:34.480
the right time. I was like, wow, I'm definitely staying now. That's great. Yeah. I literally

5
00:00:34.480 --> 00:00:39.680
just came out of the courtroom. So I said, I don't have time to change. I'm just going

6
00:00:39.680 --> 00:00:44.480
to jump in right away. So you look great. Thank you for that kind comment. It was great

7
00:00:44.480 --> 00:00:49.640
seeing you this past weekend, too. What a great event. That was phenomenal. So yeah.

8
00:00:49.640 --> 00:00:55.560
So well, welcome everybody to day two, where we're going to be getting deeper into trademarks.

9
00:00:55.560 --> 00:01:02.200
I'll probably touch a little bit into copyrights. I know what Larissa, I usually ask Larissa

10
00:01:02.200 --> 00:01:06.520
to do at this point is to ask for any kind of takeaways. And I know she did that because

11
00:01:06.520 --> 00:01:12.120
she is awesome at what she does. And so thank you, Larissa. And that actually helps when

12
00:01:12.120 --> 00:01:17.920
you when you share what you've learned. Other people will be able to see what you've learned

13
00:01:17.920 --> 00:01:22.560
and it'll spark something in them to actually learn as well. So I try to make sure that

14
00:01:22.560 --> 00:01:27.400
people share when they get a certain revelation or they're using something. I try to make

15
00:01:27.400 --> 00:01:32.560
sure that they share because it tends to help a lot of people that way. All right. So a

16
00:01:32.560 --> 00:01:40.840
few things that I want to cover. Ray, did you talk about the video already? No, sir.

17
00:01:40.840 --> 00:01:45.120
Would you mind just giving them the update on that? Just for sure. So any one of our

18
00:01:45.120 --> 00:01:52.600
members who is a law for or the A.I. protection plan, we have the A.I. essentials and the

19
00:01:52.600 --> 00:01:57.640
A.I. success blueprint. We emailed out all of your login credentials because everyone

20
00:01:57.640 --> 00:02:03.560
gets individual credentials for their own accounts. So you do have replay access now.

21
00:02:03.560 --> 00:02:10.080
And it's going to have if you have A.I. essentials, you get 45 days of access from today. So don't

22
00:02:10.080 --> 00:02:14.440
worry about, you know, the time that it took us to prepare and edit the video. You get

23
00:02:14.440 --> 00:02:18.840
your 45 days starting now. And if you have one year, same thing. You're going to get

24
00:02:18.840 --> 00:02:25.760
a full year of access. So check your emails. There's also an easy login link for the challenge,

25
00:02:25.760 --> 00:02:30.840
which I hope you found. And that's why you're here. Yeah. Thank you for that, Ray. So as

26
00:02:30.840 --> 00:02:36.680
of right now, all the videos have been edited, all set up. So now you can have access to

27
00:02:36.680 --> 00:02:41.240
that. But like Ray mentioned, we put this on a private server, our own server that we

28
00:02:41.320 --> 00:02:47.000
pay for to keep our own content separate because we take I.P. very seriously, as you can

29
00:02:47.000 --> 00:02:52.120
imagine, in my doing I.P. for like twenty five years. So one thing I want to give to a

30
00:02:52.120 --> 00:02:59.000
number of people who do not have this yet, you're going to get a link for this.

31
00:02:59.000 --> 00:03:03.080
I'm going to give you let me share my screen real fast so you can see it.

32
00:03:04.040 --> 00:03:13.240
This document. This document right here is it's basically like a cheat sheet when it

33
00:03:13.240 --> 00:03:20.120
comes to intellectual property law. Every category of I.P. is listed here. And so depending

34
00:03:20.120 --> 00:03:26.840
on what you've created, it should fall into this spectrum somewhere. So if you've created

35
00:03:26.840 --> 00:03:31.640
like a logo, you just look up the word logo. You look straight up up. Logos are protectable

36
00:03:31.880 --> 00:03:38.760
by trademarks. Right now, logos are also illustrations. So if you look at illustrations,

37
00:03:38.760 --> 00:03:44.280
you look up, you see that they're copyrights. So whatever you've created should likely fall

38
00:03:44.280 --> 00:03:52.280
onto this chart somewhere. And you can just look to see what areas of law actually pertain

39
00:03:52.280 --> 00:03:58.680
to obtaining rights to what you've created. And so I created this in twenty twenty one.

40
00:03:58.680 --> 00:04:04.520
A lot of people, this really just helps them a lot to drive home. You know, if they're trying

41
00:04:04.520 --> 00:04:08.040
to figure out, well, is that copyrightable? Is it trademarkable? Is it patentable? Keep

42
00:04:08.040 --> 00:04:13.000
it a trade secret. It's right here. It's all there. So you should be able to find whatever

43
00:04:13.000 --> 00:04:18.200
you're creating as an example of using mid journey to create images right now. You may

44
00:04:18.200 --> 00:04:21.720
look and one of the things we're going to talk about today is actually mid journey.

45
00:04:21.720 --> 00:04:27.320
And tomorrow we're going to spend a lot of time on understanding what you can and can't own using

46
00:04:27.320 --> 00:04:35.160
A.I. We'll touch base on that on the copyright side. But if you look at, let's say, as an example,

47
00:04:35.160 --> 00:04:41.720
logos, you see logos fall on the trademarks over here. Right. Right there. But the issue is that

48
00:04:41.720 --> 00:04:45.800
anything you create using artificial intelligence, the Copyright Office and the United States

49
00:04:45.800 --> 00:04:51.400
Patent and Trademark Office have come out and said that you can't own it yet. Like yet. Right.

50
00:04:51.400 --> 00:04:55.560
I think that's going to change within the next six months. You'll start seeing some of these

51
00:04:55.560 --> 00:04:59.320
prompts that are being utilized result in something that's protectable.

52
00:05:00.000 --> 00:05:01.880
Now it's not protectable.

53
00:05:01.880 --> 00:05:04.620
So you'll see the logo here, but this

54
00:05:04.620 --> 00:05:06.960
is assuming that you created the logo

55
00:05:06.960 --> 00:05:09.840
or a human being created the logo, not

56
00:05:09.840 --> 00:05:11.560
artificial intelligence.

57
00:05:11.560 --> 00:05:14.480
So same thing with paintings, or same thing with illustrations,

58
00:05:14.480 --> 00:05:15.680
same thing with photographs.

59
00:05:15.680 --> 00:05:18.760
Photographs are assuming you took the pictures.

60
00:05:18.760 --> 00:05:20.880
The person who takes the photograph

61
00:05:20.880 --> 00:05:23.680
has the legal rights under copyright law.

62
00:05:23.680 --> 00:05:26.440
But the person who creates the logo

63
00:05:26.440 --> 00:05:31.440
has the legal rights under trademarks if,

64
00:05:31.440 --> 00:05:33.560
let me reword that so I don't confuse anybody.

65
00:05:33.560 --> 00:05:37.240
The original designer of the logo, the artwork,

66
00:05:37.240 --> 00:05:40.280
actually that artistic rendition is

67
00:05:40.280 --> 00:05:42.240
protectable under copyright law.

68
00:05:42.240 --> 00:05:47.320
If you take that illustration and you use it as a trademark,

69
00:05:47.320 --> 00:05:49.600
meaning as an identification as a source of goods,

70
00:05:49.600 --> 00:05:54.400
as an example, Nike swoosh or the Golden Arches,

71
00:05:54.400 --> 00:05:57.160
and you start using it on your products or your services,

72
00:05:57.160 --> 00:05:59.200
it now becomes a trademark.

73
00:05:59.200 --> 00:06:03.680
So do you see how copyrights and trademarks can be confusing?

74
00:06:03.680 --> 00:06:05.480
Sometimes people look at them and they say,

75
00:06:05.480 --> 00:06:06.200
I don't understand.

76
00:06:06.200 --> 00:06:07.640
Is this protectable under trademark

77
00:06:07.640 --> 00:06:09.520
or is it protectable under copyright?

78
00:06:09.520 --> 00:06:13.320
Sometimes the answer is yes, it's protectable under both.

79
00:06:13.320 --> 00:06:15.960
So you have to see how are you using it.

80
00:06:15.960 --> 00:06:18.920
In the creation process, that's where

81
00:06:18.920 --> 00:06:20.520
copyrights tend to come in, which we're

82
00:06:20.520 --> 00:06:22.760
going to talk about tomorrow.

83
00:06:22.760 --> 00:06:25.800
In the use process, that's typically

84
00:06:25.800 --> 00:06:27.560
where trademarks come out.

85
00:06:27.560 --> 00:06:35.240
So somebody creates right here, there's a symbol right there.

86
00:06:35.240 --> 00:06:40.280
That's from Ascend Academy, which is a place that I went to.

87
00:06:40.280 --> 00:06:43.080
And so you look at that and you look at that artistic work,

88
00:06:43.080 --> 00:06:46.840
whoever created that artistic work has the copyright for it.

89
00:06:46.840 --> 00:06:48.680
But now the people at Ascend Academy

90
00:06:48.680 --> 00:06:52.160
decided to use that for a specific reason

91
00:06:52.160 --> 00:06:53.960
and they're using it as an identification

92
00:06:53.960 --> 00:06:56.360
of a source of services.

93
00:06:56.360 --> 00:06:59.680
So it now becomes a trademark for them,

94
00:06:59.680 --> 00:07:04.760
even though the copyright is owned by the original artist.

95
00:07:04.760 --> 00:07:06.640
Why did I just tell you all that?

96
00:07:06.640 --> 00:07:08.760
I told you all that because you've

97
00:07:08.760 --> 00:07:10.680
got to make sure if you're hiring somebody

98
00:07:10.680 --> 00:07:12.240
to create a logo for you, you've got

99
00:07:12.240 --> 00:07:15.880
to make sure that they assign all right title and interest

100
00:07:15.880 --> 00:07:18.200
to the artistic work over to you.

101
00:07:18.200 --> 00:07:20.480
Otherwise, what you're going to result in

102
00:07:20.480 --> 00:07:22.160
is getting a logo that you start using

103
00:07:22.160 --> 00:07:23.840
and then at the end of the year, they're

104
00:07:23.840 --> 00:07:26.200
going to ask you for more money.

105
00:07:26.200 --> 00:07:27.760
That's what GoDaddy does.

106
00:07:27.760 --> 00:07:31.360
That's what a number of other domain name

107
00:07:31.360 --> 00:07:34.920
rendering companies do, or website companies do,

108
00:07:34.920 --> 00:07:36.560
or funnel companies do.

109
00:07:36.560 --> 00:07:38.640
They'll create an image for you, but then they'll

110
00:07:38.640 --> 00:07:39.360
license it to you.

111
00:07:39.360 --> 00:07:40.280
Why?

112
00:07:40.280 --> 00:07:42.640
Because they can make more money that way.

113
00:07:42.640 --> 00:07:44.040
They'll charge you an upfront fee

114
00:07:44.040 --> 00:07:47.120
and then they'll continue to charge you month or year

115
00:07:47.120 --> 00:07:50.920
after year after year to have a non-exclusive license

116
00:07:50.920 --> 00:07:54.760
to use the image that you thought you paid for.

117
00:07:54.760 --> 00:07:57.400
So you've got to remember this because this is something

118
00:07:57.400 --> 00:08:00.200
that people get a surprise at the end of the year

119
00:08:00.200 --> 00:08:02.080
and they see, whoa, I got a renewal

120
00:08:02.080 --> 00:08:05.360
notice for something that I thought I owned.

121
00:08:05.360 --> 00:08:06.480
No, you don't own it.

122
00:08:06.480 --> 00:08:10.280
You've got to remember the original artistic work

123
00:08:10.280 --> 00:08:12.200
is owned by the creator.

124
00:08:12.200 --> 00:08:14.840
If you're using the logo, you then

125
00:08:14.840 --> 00:08:18.040
can use it as an identification of a source of goods,

126
00:08:18.040 --> 00:08:20.280
like the Nike swoosh for sneakers

127
00:08:20.280 --> 00:08:23.720
or the golden arches for hamburgers.

128
00:08:23.720 --> 00:08:26.560
But somebody created those golden arches

129
00:08:26.560 --> 00:08:28.400
and if that was an artistic work,

130
00:08:28.400 --> 00:08:30.080
then they have the copyright.

131
00:08:30.080 --> 00:08:32.240
So if you're not sure about that,

132
00:08:32.240 --> 00:08:33.720
make sure you talk to your lawyer

133
00:08:33.720 --> 00:08:35.559
because the alternative is I just

134
00:08:35.559 --> 00:08:38.159
see people having to spend a lot of money on things

135
00:08:38.159 --> 00:08:40.640
that they didn't know about.

136
00:08:40.640 --> 00:08:43.039
So you build your company, you start running your company,

137
00:08:43.080 --> 00:08:45.240
and then all of a sudden you start getting bills

138
00:08:45.240 --> 00:08:47.160
at the end of the year, licensing fees.

139
00:08:47.160 --> 00:08:50.840
Like imagine that you hire a software company

140
00:08:50.840 --> 00:08:52.720
to create an app for you.

141
00:08:52.720 --> 00:08:56.040
You pay $85,000 for the app.

142
00:08:56.040 --> 00:08:57.640
You start using the app.

143
00:08:57.640 --> 00:08:58.720
You're really happy.

144
00:08:58.720 --> 00:09:00.000
You're getting people signing up.

145
00:09:00.000 --> 00:09:00.840
This is great.

146
00:09:00.840 --> 00:09:02.280
Like life is good.

147
00:09:02.280 --> 00:09:05.640
Then all of a sudden at the end of the year, you get a bill.

148
00:09:05.640 --> 00:09:07.520
And the bill's for $10,000.

149
00:09:08.480 --> 00:09:10.800
And you go, well, hold it.

150
00:09:10.800 --> 00:09:12.720
Why am I getting a bill for $10,000?

151
00:09:13.400 --> 00:09:15.080
I just paid $85,000 for the app.

152
00:09:16.040 --> 00:09:21.040
And the response is no, you have a graphical user interface

153
00:09:21.120 --> 00:09:24.520
that interacts with the software, but we own the code.

154
00:09:25.760 --> 00:09:27.000
You don't own the code.

155
00:09:28.000 --> 00:09:29.400
Why can they do that?

156
00:09:30.280 --> 00:09:33.880
Because copyright belongs to the party

157
00:09:33.880 --> 00:09:35.280
who creates the code.

158
00:09:36.560 --> 00:09:38.160
See, this is so vital.

159
00:09:38.160 --> 00:09:41.040
If you want to become a very successful business person,

160
00:09:41.040 --> 00:09:43.440
you need to understand these nuances.

161
00:09:43.440 --> 00:09:44.960
If you don't get this,

162
00:09:46.160 --> 00:09:48.240
these are the little things that result

163
00:09:48.240 --> 00:09:52.160
in small entities getting crushed.

164
00:09:52.160 --> 00:09:54.960
Like year after year, they're paying licensing fees

165
00:09:54.960 --> 00:09:58.760
and additional fees that they never even expected.

166
00:09:58.760 --> 00:09:59.840
Now they've got a,

167
00:10:00.000 --> 00:10:01.700
but use the resources that they would have used

168
00:10:01.700 --> 00:10:03.940
for employees or for marketing,

169
00:10:03.940 --> 00:10:06.140
they've got to use it to renew licenses

170
00:10:06.140 --> 00:10:07.940
when they thought they owned something.

171
00:10:07.940 --> 00:10:09.540
So read the fine print.

172
00:10:10.820 --> 00:10:14.300
If you hire somebody to create a software app for you,

173
00:10:14.300 --> 00:10:15.580
make sure you tell them,

174
00:10:15.580 --> 00:10:19.580
I want you to assign all right, title and interest

175
00:10:19.580 --> 00:10:22.060
for the copyright, for any trademarks,

176
00:10:22.060 --> 00:10:24.640
for any patents to me.

177
00:10:24.640 --> 00:10:27.100
Like it's mine, it's not yours.

178
00:10:27.100 --> 00:10:28.260
I purchased it from you.

179
00:10:28.260 --> 00:10:31.540
I own everything that has anything to do with it.

180
00:10:31.540 --> 00:10:34.340
And if they say no, you know exactly why.

181
00:10:34.340 --> 00:10:36.500
Cause I just walked you through the plan

182
00:10:36.500 --> 00:10:40.340
that they had to charge you extra money the next year.

183
00:10:40.340 --> 00:10:43.840
And you just saved yourself five to $10,000

184
00:10:43.840 --> 00:10:45.820
just by being in this training.

185
00:10:45.820 --> 00:10:48.940
So just make sure that you understand these things

186
00:10:48.940 --> 00:10:51.880
really important when you're dealing with software

187
00:10:51.880 --> 00:10:53.060
to understand it.

188
00:10:53.060 --> 00:10:54.580
And we'll cover that more tomorrow.

189
00:10:54.580 --> 00:10:57.900
So a few things I want to cover today,

190
00:10:58.540 --> 00:10:59.380
I'm going to show you guys how to do

191
00:10:59.380 --> 00:11:01.180
a basic trademark search at a top level.

192
00:11:01.180 --> 00:11:03.960
We went through it in VIP yesterday, it really deep.

193
00:11:05.100 --> 00:11:07.900
I'm going to show you what a trademark application is

194
00:11:07.900 --> 00:11:09.260
so you understand all the parts.

195
00:11:09.260 --> 00:11:12.760
So nobody gets confused as to what exactly

196
00:11:12.760 --> 00:11:13.920
is a trademark application?

197
00:11:13.920 --> 00:11:18.020
What's an identification of a source of goods

198
00:11:18.020 --> 00:11:20.140
or what is an international class?

199
00:11:20.140 --> 00:11:22.300
I'm going to let you guys know all these things

200
00:11:22.300 --> 00:11:23.740
cause you need to know these things

201
00:11:23.740 --> 00:11:25.340
to file a trademark application.

202
00:11:26.180 --> 00:11:28.340
If you don't know what the international class is,

203
00:11:28.340 --> 00:11:31.500
your attorney will look it up for you,

204
00:11:31.500 --> 00:11:34.380
but it would be really good for you

205
00:11:34.380 --> 00:11:36.440
and keep your costs low

206
00:11:36.440 --> 00:11:39.060
if you actually get everything together

207
00:11:39.060 --> 00:11:41.540
and say, hey, I want a trademark application.

208
00:11:41.540 --> 00:11:46.540
And what I'm using it for is online education.

209
00:11:47.380 --> 00:11:51.660
Let's say for something like,

210
00:11:51.660 --> 00:11:53.140
let's see something that's simple.

211
00:11:53.140 --> 00:11:58.060
How about online education for cooking using sauces?

212
00:11:58.060 --> 00:12:00.500
Like something very simple, right?

213
00:12:00.500 --> 00:12:05.500
So online education falls under international class 41.

214
00:12:05.980 --> 00:12:08.020
So wouldn't it be great if when you hired your attorney,

215
00:12:08.020 --> 00:12:10.680
you said, I want to file a trademark application

216
00:12:10.680 --> 00:12:12.460
in international class 41.

217
00:12:12.460 --> 00:12:13.780
This is the trademark.

218
00:12:13.780 --> 00:12:15.020
It's going to be a word mark.

219
00:12:15.020 --> 00:12:16.120
I haven't used it yet.

220
00:12:16.120 --> 00:12:18.180
So I want it to be a section 1B,

221
00:12:18.180 --> 00:12:20.500
which is an intent to use application.

222
00:12:20.500 --> 00:12:22.940
Since we haven't used it, you don't need a specimen.

223
00:12:23.740 --> 00:12:25.260
So you don't have to spend time on the specimen.

224
00:12:25.260 --> 00:12:28.060
So please file that application for me.

225
00:12:28.060 --> 00:12:29.740
Here's my corporate name.

226
00:12:29.740 --> 00:12:31.700
Here's the state of incorporation.

227
00:12:31.700 --> 00:12:32.820
Here's my phone number.

228
00:12:32.820 --> 00:12:33.980
Here's the address.

229
00:12:33.980 --> 00:12:35.740
Go ahead and file it.

230
00:12:35.740 --> 00:12:38.900
You just saved yourself like 400 bucks

231
00:12:38.900 --> 00:12:42.220
just by giving them that kind of request

232
00:12:42.220 --> 00:12:46.500
versus, hey, I've got a cooking,

233
00:12:46.500 --> 00:12:48.360
an online cooking program.

234
00:12:48.360 --> 00:12:53.360
I want to file a trademark application for hot flash.

235
00:12:53.440 --> 00:12:55.320
You know, I don't know, something like that.

236
00:12:55.320 --> 00:12:56.760
Probably shouldn't have used that.

237
00:12:56.760 --> 00:12:58.040
That wasn't a good idea.

238
00:12:58.040 --> 00:12:58.920
Hot flash.

239
00:12:58.920 --> 00:13:01.640
Yeah, that was a bad, that was a bad idea.

240
00:13:01.640 --> 00:13:03.200
Larissa is cracking up right now.

241
00:13:03.200 --> 00:13:05.920
She's like, should not have gone there, Peter.

242
00:13:05.920 --> 00:13:07.360
Should not have gone there, you know?

243
00:13:07.360 --> 00:13:09.320
So I'm going to leave that one alone.

244
00:13:09.320 --> 00:13:11.680
I'm going to move on, move on, move on.

245
00:13:12.560 --> 00:13:15.560
So the fact that it matters,

246
00:13:15.560 --> 00:13:17.880
the more information that you can give

247
00:13:18.400 --> 00:13:22.320
to your attorney, the less money you spend.

248
00:13:22.320 --> 00:13:23.720
And that's what I want to try to do

249
00:13:23.720 --> 00:13:25.680
is to make sure that you're doing this.

250
00:13:25.680 --> 00:13:28.280
So with that being said,

251
00:13:28.280 --> 00:13:29.500
I'm going to cover a few things today.

252
00:13:29.500 --> 00:13:31.760
I'm going to cover what the international classes are.

253
00:13:31.760 --> 00:13:33.840
I'll do a quick trademark search for you.

254
00:13:33.840 --> 00:13:34.920
I'll show you the different parts

255
00:13:34.920 --> 00:13:37.880
of a trademark application quickly.

256
00:13:37.880 --> 00:13:40.240
If you're not a VIP and you want to learn

257
00:13:40.240 --> 00:13:42.120
all the parts in detail

258
00:13:42.120 --> 00:13:44.720
and how to file an online trademark application,

259
00:13:44.720 --> 00:13:47.100
like what the attorneys actually do

260
00:13:47.100 --> 00:13:50.300
so as to make you better equipped to work with them,

261
00:13:50.300 --> 00:13:52.420
we're doing that in VIP tonight.

262
00:13:52.420 --> 00:13:54.060
And we're going to do it step-by-step

263
00:13:54.060 --> 00:13:55.860
and allow people to ask questions

264
00:13:55.860 --> 00:13:57.660
so they figure out how do you get

265
00:13:57.660 --> 00:14:00.120
the international class highlighted.

266
00:14:00.120 --> 00:14:02.820
It's actually pretty cool how the USPTO website does it.

267
00:14:02.820 --> 00:14:05.280
So I'm going to walk through an actual filing.

268
00:14:05.280 --> 00:14:06.500
We're going to create a word

269
00:14:06.500 --> 00:14:07.760
and we'll go through the whole thing together.

270
00:14:07.760 --> 00:14:09.020
So that's later.

271
00:14:09.020 --> 00:14:11.460
All right, with that, you guys ready?

272
00:14:12.400 --> 00:14:13.240
Ready?

273
00:14:13.240 --> 00:14:14.060
All right, cool.

274
00:14:14.060 --> 00:14:14.900
All right, here we go.

275
00:14:14.900 --> 00:14:15.740
We're going to start digging in.

276
00:14:15.780 --> 00:14:16.780
The first thing I want to do

277
00:14:16.780 --> 00:14:18.820
is cover something that's very practical.

278
00:14:20.660 --> 00:14:22.180
Did you say something, Larissa?

279
00:14:22.180 --> 00:14:24.100
Yeah, would you mind just taking a moment

280
00:14:24.100 --> 00:14:25.420
and making me the host

281
00:14:25.420 --> 00:14:27.340
and then I'll make you and Ray co-host?

282
00:14:27.340 --> 00:14:29.100
Oh, yes, absolutely.

283
00:14:29.100 --> 00:14:30.540
Thank you so much.

284
00:14:30.540 --> 00:14:32.940
And while you do that,

285
00:14:32.940 --> 00:14:34.260
just to do an admin jump in here.

286
00:14:34.260 --> 00:14:36.300
We haven't turned on the recording yet?

287
00:14:36.300 --> 00:14:37.300
No, no, it's recording.

288
00:14:37.300 --> 00:14:38.620
It did.

289
00:14:38.620 --> 00:14:41.180
No, it's just, it's asking me if I want to record.

290
00:14:42.620 --> 00:14:43.460
Well, it is recording.

291
00:14:43.460 --> 00:14:44.300
Oh, it told me it was recording.

292
00:14:44.300 --> 00:14:45.180
Oh, yeah, it says it's recording.

293
00:14:45.620 --> 00:14:47.300
All right, I just wanted to triple check to make sure

294
00:14:47.300 --> 00:14:49.540
because I don't want anybody to lose out on the videos.

295
00:14:49.540 --> 00:14:50.820
Ray, what's your question?

296
00:14:50.820 --> 00:14:52.340
Go ahead.

297
00:14:52.340 --> 00:14:55.260
We dropped the IP roadmap in the chat.

298
00:14:55.260 --> 00:14:57.180
I'll also put that in the Facebook group.

299
00:14:57.180 --> 00:15:00.180
Would you also like the international class?

300
00:15:00.000 --> 00:15:05.520
link dropped here for everyone. Yes, please give that to them. Yeah, so the links that Ray's

301
00:15:05.520 --> 00:15:10.000
dropping for you are ones that I found that I think are going to be very beneficial for you.

302
00:15:10.560 --> 00:15:19.600
And so, like the IP classification roadmap, that's helpful. The international classes,

303
00:15:19.600 --> 00:15:24.800
she's going to drop the link for you right here. I'll actually open that with you so everybody can

304
00:15:24.800 --> 00:15:30.480
figure out how that works. So, we'll go there in a minute. All right. So, the first thing I want to

305
00:15:30.480 --> 00:15:36.160
do is something really, really practical. How many people here have a trademark, just by a show of

306
00:15:36.160 --> 00:15:42.160
hands? Just so I know. Okay, not too many. All right. All right. Now, how many people here have

307
00:15:42.160 --> 00:15:48.880
a domain name by a show of hands? Do you see the difference? That's practically everybody.

308
00:15:49.840 --> 00:15:54.720
Okay. How many people actually did a trademark search before you looked up the domain name

309
00:15:54.720 --> 00:16:02.480
by a show of hands? Yeah. You see the difference? So, I see people laughing right now. There's a lot

310
00:16:02.480 --> 00:16:09.280
of people laughing. All right. So, why did I say that? What I want you to do as an exercise for

311
00:16:09.280 --> 00:16:13.360
yourself, for your own benefit, for your own company's benefit, especially if you're investing

312
00:16:13.360 --> 00:16:21.120
a lot of money in a domain name. I was at a mastermind, had a friend of mine come over to me

313
00:16:22.080 --> 00:16:26.640
and he said, Peter, in the middle of the mastermind, he comes up in front of me,

314
00:16:26.640 --> 00:16:31.040
like Pedro Odeo's talking, he gets right in front of me and he says, this is Bruce. Bruce comes to

315
00:16:31.040 --> 00:16:35.920
me and he says, Kingdom.law is available right now. If you don't buy it, I'm buying it.

316
00:16:36.720 --> 00:16:40.880
I was like, Bruce, what are you talking about? He says, it's available now, like right now.

317
00:16:41.840 --> 00:16:47.600
And so, I went on my phone and I literally bought it, but it was like $2,100. It wasn't cheap,

318
00:16:47.600 --> 00:16:53.280
so I bought it, but I owned it for like 10 years. So, I grabbed it for an elongated period of time.

319
00:16:53.280 --> 00:16:58.400
Now, don't you think it'd be beneficial to do a trademark search to see if somebody owns that

320
00:16:58.400 --> 00:17:05.200
name before I go spending a lot of money on the domain name? See, this is why trademark searching

321
00:17:05.200 --> 00:17:09.760
is very important for you. But I'm going to tell you the sequence that you should be using

322
00:17:09.760 --> 00:17:14.800
in obtaining your domain names and obtaining your trademarks, assuming that you're going to

323
00:17:14.800 --> 00:17:24.400
use the same name for both. So, let's say your company is, let's say, I don't know, Abigail.

324
00:17:24.400 --> 00:17:29.120
Let's say Abigail is the name of the company, right? And so, you go looking for, you're thinking

325
00:17:29.120 --> 00:17:34.400
to yourself, well, let me look up Abigail as a domain name. You look it up, you leave, you then

326
00:17:34.400 --> 00:17:41.040
go to USPTO website, you look up Abigail, you see it's available. Great. You go back to purchase

327
00:17:41.040 --> 00:17:48.000
the domain name and the cost is $500 more than when it was like literally 10 minutes ago.

328
00:17:50.160 --> 00:17:55.120
And you say, what just happened? I mean, this is not the best name in the world.

329
00:17:55.760 --> 00:18:00.560
Peter just came up with it like in a moment, so it can't be that great. But I mean, it's just

330
00:18:00.640 --> 00:18:07.520
randomly created. So, what happened? A lot of these domain name servers, the way they work,

331
00:18:07.520 --> 00:18:11.040
a lot of these engines is that they look to see interest. And if there's interest,

332
00:18:11.040 --> 00:18:15.520
they increase the cost, right? So, this is what I want you to do instead from now on.

333
00:18:16.320 --> 00:18:19.920
If you've got a domain name that you're going to use for your company, for a product, a service,

334
00:18:19.920 --> 00:18:25.680
or your company in general, I want you to do a trademark search first. Like, just look first.

335
00:18:26.560 --> 00:18:32.720
Why? Because it's free, number one. Number two, you're going to learn how to do it. Number three,

336
00:18:32.720 --> 00:18:36.640
you don't want to do the domain name search, leave and come back because the cost might go up.

337
00:18:37.360 --> 00:18:42.480
Okay? So, what you do is you do the trademark search first. After you do the trademark search

338
00:18:42.480 --> 00:18:47.200
and you see it's available, now you go looking at the domain name. When you see the domain name's

339
00:18:47.200 --> 00:18:56.000
available, you buy it. Don't wait. Don't leave, come back tomorrow, buy it immediately. Now,

340
00:18:56.000 --> 00:19:04.400
you can use Namecheap and get domains for $8.95. That's what I personally use to buy all my domain

341
00:19:04.400 --> 00:19:12.480
names is Namecheap, right? And so, $8.95, boom, I'm done. I now own the domain name. Now, I go

342
00:19:12.480 --> 00:19:19.520
back to the USPTO website. And if I'm not using the trademark yet, what do I file? For the first

343
00:19:19.520 --> 00:19:25.120
prize that we're going to be doing here, somebody type in the chat, what do I file?

344
00:19:26.400 --> 00:19:33.600
1B, Daphne nailed it. That's it. So, Daphne gets the first $100 Amazon gift card. So,

345
00:19:33.600 --> 00:19:38.320
right there, Daphne's like, what? I didn't even know there was one. Yep, there is one.

346
00:19:38.320 --> 00:19:43.280
So, there's other stuff too I got for you guys. So, you're welcome. You're welcome, Daphne. So,

347
00:19:43.280 --> 00:19:48.480
if you guys can write that down, Ray, just so I don't forget. Thank you so much. I love my team.

348
00:19:48.480 --> 00:19:55.200
They're awesome. All right. So, what I do now is I haven't used it yet. So, I file a section 1B.

349
00:19:55.200 --> 00:19:59.920
You know, Daphne, that was really brilliant the way you did that, because I would have typed...

350
00:20:00.000 --> 00:20:04.340
I typed in intent to use, which would have taken way longer than typing 1B.

351
00:20:04.340 --> 00:20:08.820
Like she was just like, bam, that was good, that was clever.

352
00:20:08.820 --> 00:20:15.340
So now I file an intent to use application, so now I own the domain name and I own the

353
00:20:15.340 --> 00:20:16.420
actual trademark.

354
00:20:16.420 --> 00:20:18.100
You see how that works?

355
00:20:18.100 --> 00:20:22.340
And I saved a lot of money because the domain name, people can't increase the cost and rip

356
00:20:22.340 --> 00:20:23.340
me off.

357
00:20:23.340 --> 00:20:30.280
Now, why did I not file the trademark first and then decide to come back for the domain

358
00:20:30.280 --> 00:20:31.280
name?

359
00:20:31.280 --> 00:20:32.280
Multiple reasons.

360
00:20:32.280 --> 00:20:39.480
Number one, there are people that watch new trademark application filing like a hawk.

361
00:20:39.480 --> 00:20:42.820
And the second that one is filed, they buy the domain name.

362
00:20:42.820 --> 00:20:48.460
Then on the trademark application, they see the email address.

363
00:20:48.460 --> 00:20:54.200
And what they do is they email the person and say, I see that you recently filed a trademark

364
00:20:54.200 --> 00:20:55.800
application here.

365
00:20:55.800 --> 00:20:58.500
I actually own the domain name associated with that.

366
00:20:58.500 --> 00:21:05.460
Would you be interested in buying this for $595 or for $995?

367
00:21:05.460 --> 00:21:08.520
And they make a business out of this.

368
00:21:08.520 --> 00:21:12.560
This is why I want to make sure that if you're going to file a trademark, file a trademark

369
00:21:12.560 --> 00:21:14.920
first.

370
00:21:14.920 --> 00:21:22.480
So that domain, meaning you do the trademark search, look at the domain name, it's available.

371
00:21:22.480 --> 00:21:26.400
You buy the domain name, you go back, you file the trademark.

372
00:21:26.400 --> 00:21:31.720
Don't forget to file the trademark and don't file the trademark and then not buy the domain

373
00:21:31.720 --> 00:21:32.720
name.

374
00:21:32.720 --> 00:21:35.800
Because if you do either one of those things incorrectly, it's going to cost you a lot

375
00:21:35.800 --> 00:21:36.800
of money.

376
00:21:36.800 --> 00:21:38.520
So just be careful.

377
00:21:38.520 --> 00:21:40.280
I don't want anybody running into this problem.

378
00:21:40.280 --> 00:21:46.600
I have clients who have gotten emails from people out of Indonesia, China, Malaysia,

379
00:21:46.600 --> 00:21:53.040
the Philippines saying they want $2,400 for a domain name that's the same as the trademark

380
00:21:53.040 --> 00:21:54.600
that they're using as a company.

381
00:21:54.600 --> 00:21:57.360
So nobody here should run into that.

382
00:21:57.360 --> 00:21:58.520
So that's covered.

383
00:21:58.520 --> 00:22:00.880
You now understand the sequence.

384
00:22:00.880 --> 00:22:05.400
So for one last time, USPTO site, do a trademark search.

385
00:22:05.400 --> 00:22:11.160
Then if it's available, go down to the domain name site, do a search, it's available, buy

386
00:22:11.160 --> 00:22:12.160
it.

387
00:22:12.160 --> 00:22:13.160
$8.95.

388
00:22:13.160 --> 00:22:14.160
You're done.

389
00:22:14.160 --> 00:22:16.000
Go back, file section 1B.

390
00:22:16.000 --> 00:22:19.200
That's going to save you the most money and it'll be really streamlined.

391
00:22:19.200 --> 00:22:20.200
All right.

392
00:22:20.200 --> 00:22:23.520
Now let me open up something here for you.

393
00:22:23.520 --> 00:22:28.840
I'm going to show all of you what a trademark looks like because it may be the case that

394
00:22:28.840 --> 00:22:33.160
some people have not seen this and I'm going to explain the parts of it.

395
00:22:33.160 --> 00:22:37.640
And then we're going to do a trademark search real quick.

396
00:22:37.640 --> 00:22:39.720
And I'm going to share some other things for you.

397
00:22:39.720 --> 00:22:42.160
So let me do this real fast.

398
00:22:42.160 --> 00:22:43.160
Share my screen.

399
00:22:43.160 --> 00:22:44.160
Okay.

400
00:22:44.160 --> 00:22:45.160
There we go.

401
00:22:45.160 --> 00:22:46.160
Boom.

402
00:22:46.160 --> 00:22:47.160
Boom.

403
00:22:47.160 --> 00:22:48.160
All right.

404
00:22:48.160 --> 00:22:52.400
Wait till it opens.

405
00:22:52.400 --> 00:22:53.400
And there it is.

406
00:22:53.400 --> 00:22:54.400
All right.

407
00:22:54.400 --> 00:22:59.060
So this is the United States Patent Trademark Office website, USPTO.gov.

408
00:22:59.060 --> 00:23:04.860
You would click on trademarks, searching, and go down to click on this button or this

409
00:23:04.860 --> 00:23:07.260
button, either one when you're in there.

410
00:23:07.260 --> 00:23:11.260
Now, like I said, in VIP, we went into just a lot of detail.

411
00:23:11.260 --> 00:23:13.140
I'm not going to be doing that in a lot of detail here.

412
00:23:13.140 --> 00:23:16.260
I just wanted you to see something real quick.

413
00:23:16.260 --> 00:23:23.500
If you click on the word search, the second option, I would always search the second option.

414
00:23:23.500 --> 00:23:25.300
This first one, I wouldn't bother with.

415
00:23:25.300 --> 00:23:27.340
Always search the second option.

416
00:23:27.340 --> 00:23:28.980
You type in your first word.

417
00:23:28.980 --> 00:23:35.100
Let's say the word is, I don't know, let's type in, oh, we'll do Nike.

418
00:23:35.100 --> 00:23:36.100
I did that yesterday.

419
00:23:36.100 --> 00:23:38.380
So it's an easy one.

420
00:23:38.380 --> 00:23:45.260
And I'm going to choose and, and I type in an international class, 41, which actually

421
00:23:45.260 --> 00:23:48.460
has to do with education.

422
00:23:48.460 --> 00:23:52.140
And Nike is the word mark.

423
00:23:52.140 --> 00:23:53.140
And I do a search.

424
00:23:53.940 --> 00:23:59.740
When I do a search, there's 12 records that are associated with education and the word

425
00:23:59.740 --> 00:24:00.740
Nike.

426
00:24:00.740 --> 00:24:07.900
So if I look at Nike in the sky, all right, here's a, let me do one more.

427
00:24:07.900 --> 00:24:10.500
That's education and photography.

428
00:24:10.500 --> 00:24:13.380
Let's see, entertainment services.

429
00:24:13.380 --> 00:24:14.380
This one's a good one.

430
00:24:14.380 --> 00:24:15.820
All right.

431
00:24:15.820 --> 00:24:18.740
So this is a trademark Nike.

432
00:24:18.740 --> 00:24:19.820
It's actually a logo.

433
00:24:19.820 --> 00:24:23.460
It has the word mark in it and it has the design part in it.

434
00:24:23.460 --> 00:24:26.180
They call the entire thing a logo.

435
00:24:26.180 --> 00:24:27.180
Okay.

436
00:24:27.180 --> 00:24:29.420
So the design part is the swoosh.

437
00:24:29.420 --> 00:24:33.340
The name part is on top of it, but the entire thing is the design.

438
00:24:33.340 --> 00:24:35.100
Therefore they call it a logo.

439
00:24:35.100 --> 00:24:40.260
So the different parts of the trademark are the word mark itself.

440
00:24:40.260 --> 00:24:42.660
So it's, it's, it's the word Nike.

441
00:24:42.660 --> 00:24:46.080
So you'll see Nike there, but then there's this thing here.

442
00:24:46.080 --> 00:24:49.120
This is called the international class.

443
00:24:49.120 --> 00:24:54.500
Every trademark has an international class depending on the good or service that's provided.

444
00:24:54.500 --> 00:25:00.040
So as an example, what's an international class, international classes are numbers.

445
00:25:00.000 --> 00:25:07.840
that are assigned to certain categories of goods or services. In this case, class nine

446
00:25:08.480 --> 00:25:14.320
is typically associated with like electronics. So when you look here, you'll see in their

447
00:25:14.320 --> 00:25:20.960
description of goods that they're using the Nike logo for, they say downloadable virtual goods,

448
00:25:20.960 --> 00:25:26.240
namely computer programs featuring blah, blah, blah, blah, blah, right? So you see how it has

449
00:25:27.120 --> 00:25:33.760
computer programs. Computer programs are in class nine. Anytime you file a trademark application,

450
00:25:33.760 --> 00:25:39.920
it's going to be in a class, okay? So I filed for Nike. If I'm filing for sneakers,

451
00:25:40.560 --> 00:25:46.960
then that's not class nine. Sneakers are in a different class. Education tends to be in class

452
00:25:46.960 --> 00:25:53.920
41. Ray dropped the list of all the international classes, and I'm going to go over those with you

453
00:25:53.920 --> 00:25:59.120
in a moment. But I just want you to see when you get a trademark application filed, what are the

454
00:25:59.120 --> 00:26:05.200
parts? So you have an international class, you have the mark itself, you have the description

455
00:26:05.200 --> 00:26:17.680
of the goods or services, right? So let's say that Tanya is using the name Schwinn, let's say for

456
00:26:17.680 --> 00:26:23.760
bikes, right? And so she has a new bike shop. So then this would say Schwinn. It would be the

457
00:26:23.760 --> 00:26:30.000
international class for bikes, and the description would be bicycles or it would be an apparatus for

458
00:26:30.000 --> 00:26:34.880
riding, including at least two wheels, blah, blah, blah. But it would be basically a description of

459
00:26:34.880 --> 00:26:40.560
a bicycle, okay? That would be what's in the goods or services there. That's all it is. It's really

460
00:26:40.560 --> 00:26:46.480
simple. It looks really complicated, but it's not. I don't want you guys freaking out when you look at

461
00:26:46.480 --> 00:26:52.160
this thing. It is not that tough. You'll see right next to it, good and services, and those are the

462
00:26:52.160 --> 00:26:57.440
descriptions of the goods and services. That's all it is. The international class, I'm going to show you

463
00:26:57.440 --> 00:27:03.280
how you find the international class. Very simple. And then it's just the word that's associated with

464
00:27:03.280 --> 00:27:09.520
it. Now down here, you'll see the 1B. You see that 1B right there? That means that when they

465
00:27:09.520 --> 00:27:14.960
filed it, it was an intent to use trademark application. That's all it means. Intent to use.

466
00:27:14.960 --> 00:27:21.120
It shows you it's a 1B, okay? Then here's the filing date. Whenever you file an application,

467
00:27:21.120 --> 00:27:27.440
there's a filing date associated with it. Very straightforward. After you file your application,

468
00:27:27.440 --> 00:27:35.440
they automatically assign a serial number. You have nothing to do with this. But if somebody is

469
00:27:35.440 --> 00:27:40.720
using the same trademark that you're using, and so you want to stop them from using that,

470
00:27:41.280 --> 00:27:44.880
first of all, I would actually talk to an attorney and make sure you do this before you send any

471
00:27:44.880 --> 00:27:49.680
notice letters to anybody. But your attorney will use your serial number and say, hey,

472
00:27:49.680 --> 00:27:55.680
my client has a trademark application for blah, blah, blah. Here's the serial number. So it shows

473
00:27:55.680 --> 00:28:02.400
them that this is for real. This isn't you just saying stop. I've got a federal application that's

474
00:28:02.400 --> 00:28:08.640
filed on that trademark, okay? The attorney of record is just whoever the attorney is that's

475
00:28:08.640 --> 00:28:15.120
filed it. The owner is simply that, the owner and their address, and then the state of

476
00:28:15.120 --> 00:28:23.280
incorporation. Really straightforward stuff, okay? Nothing mysterious here. And since it says live,

477
00:28:23.280 --> 00:28:29.600
it just means it's not dead. That's really deep, right? I know. No, that's all it is. It just means

478
00:28:29.600 --> 00:28:35.280
it's not dead. It means it's not expired. It means it's currently pending or issued. That's all.

479
00:28:35.920 --> 00:28:41.360
That's all that you have to deal with with trademarks. Not incredibly difficult. A lot

480
00:28:41.360 --> 00:28:46.240
of the work is done on the back end. After you file a trademark application, let me tell you

481
00:28:46.240 --> 00:28:52.320
the sequence. You file your application. You get a serial number immediately. Now you wait. And as

482
00:28:52.320 --> 00:28:57.280
you're waiting, you're waiting for the examiner or the United States Patent and Trademark Office

483
00:28:57.280 --> 00:29:02.640
to assign your application to an examiner. Once it's assigned to an examiner, they're going to

484
00:29:02.640 --> 00:29:06.480
review it, and they're going to do an investigation to see whether or not you should get a trademark.

485
00:29:07.280 --> 00:29:12.080
In that investigation, they're going to do what I'm going to show you in about 10 minutes,

486
00:29:12.080 --> 00:29:16.800
which is a likelihood of confusion analysis. They're going to look at your trademark application,

487
00:29:16.800 --> 00:29:20.720
they're going to look at all the other ones, and they're going to see, is there anyone out

488
00:29:20.720 --> 00:29:27.440
there that's similar? That's it. I mean, I can use really complicated legal terminology day and night.

489
00:29:28.400 --> 00:29:33.760
It's not necessary. All that you're doing is looking at your application, looking for something

490
00:29:33.760 --> 00:29:40.000
similar, so that when somebody looks at it, they may think that your product or your service is

491
00:29:40.000 --> 00:29:45.120
associated with that other company because of a similar trademark. That's all it is.

492
00:29:45.680 --> 00:29:52.800
Now, if I want to make it complicated, I could say what they're actually doing is a legal analysis

493
00:29:52.800 --> 00:29:59.840
using a likelihood of confusion analysis, looking at 9 to 12 different legal factors to determine

494
00:30:00.000 --> 00:30:03.860
whether or not you're actually infringing on a trademark.

495
00:30:04.940 --> 00:30:05.880
But that's not necessary.

496
00:30:05.880 --> 00:30:07.480
You're just looking for stuff that looks similar.

497
00:30:07.480 --> 00:30:08.320
That's all it is.

498
00:30:08.320 --> 00:30:10.080
Very simple, okay?

499
00:30:10.080 --> 00:30:11.100
All right, let me show you

500
00:30:11.100 --> 00:30:13.600
what the international classes are.

501
00:30:13.600 --> 00:30:15.220
And I think this is gonna drive it home

502
00:30:15.220 --> 00:30:16.440
because we just kind of talked

503
00:30:16.440 --> 00:30:18.560
about a lot of theoretical stuff.

504
00:30:18.560 --> 00:30:21.140
So I'm gonna pull up the international classes.

505
00:30:22.880 --> 00:30:24.360
I'm gonna share my screen.

506
00:30:25.580 --> 00:30:27.920
And Ray already dropped this link for all of you.

507
00:30:27.920 --> 00:30:29.080
Thank you, Ray.

508
00:30:29.080 --> 00:30:30.680
So here it is again.

509
00:30:32.640 --> 00:30:35.040
This is the link here, okay?

510
00:30:36.360 --> 00:30:39.220
There's a trademark manual of examination and procedure.

511
00:30:39.220 --> 00:30:42.800
If you just scroll down a little bit, look what you get.

512
00:30:42.800 --> 00:30:44.860
Class one, right there.

513
00:30:45.820 --> 00:30:48.400
And it tells you chemicals.

514
00:30:48.400 --> 00:30:51.280
Class two, paints.

515
00:30:51.280 --> 00:30:53.000
Class three, cosmetics.

516
00:30:53.000 --> 00:30:56.380
So if you come up with a new lipstick or stuff like that.

517
00:30:56.380 --> 00:30:57.860
There you go, class three.

518
00:30:58.860 --> 00:31:00.780
Class four, lubricants and fuels.

519
00:31:00.780 --> 00:31:03.500
So all you do is you look down this list

520
00:31:03.500 --> 00:31:08.500
to see what is your technology or your creation

521
00:31:09.580 --> 00:31:11.380
or your software or whatever it is,

522
00:31:11.380 --> 00:31:13.100
where does it fall in here?

523
00:31:13.100 --> 00:31:15.860
And if you wanna do something really like kind of

524
00:31:16.740 --> 00:31:21.540
to make it quicker, you can just go onto the page

525
00:31:21.540 --> 00:31:24.820
and do a search on the page for a specific word

526
00:31:24.820 --> 00:31:26.820
which will make it a lot faster for you.

527
00:31:26.860 --> 00:31:30.060
But I'll show you a few of the ones that are really popular.

528
00:31:30.060 --> 00:31:32.360
Anything to do with electronics is class nine.

529
00:31:33.260 --> 00:31:36.780
Anything to do with electronics, including software.

530
00:31:36.780 --> 00:31:37.980
It's in there as well.

531
00:31:39.260 --> 00:31:41.100
Let's see, other ones that are really, really,

532
00:31:41.100 --> 00:31:43.000
really popular are,

533
00:31:44.580 --> 00:31:47.260
let's see, jewelry is one that's pretty popular.

534
00:31:47.260 --> 00:31:48.760
That's class 14.

535
00:31:49.940 --> 00:31:52.600
Not too many people do musical instruments.

536
00:31:53.600 --> 00:31:58.100
Photographic works fall into class 16.

537
00:32:00.200 --> 00:32:02.960
If you're looking for, let me show you one

538
00:32:02.960 --> 00:32:06.640
that I think a lot of people might be interested in here.

539
00:32:06.640 --> 00:32:08.800
Nope, nope, nope.

540
00:32:11.240 --> 00:32:13.360
No, here we go, clothing.

541
00:32:13.360 --> 00:32:15.840
Clothing's a very popular one.

542
00:32:15.840 --> 00:32:19.040
If you're doing T-shirts, if you're doing

543
00:32:19.040 --> 00:32:23.200
anything that's a clothing, like jackets,

544
00:32:23.200 --> 00:32:25.120
they fall into the same category.

545
00:32:25.120 --> 00:32:28.040
If you're doing shoes, falls into the same category.

546
00:32:28.040 --> 00:32:30.200
Sandals, all same category.

547
00:32:30.200 --> 00:32:35.200
Another one that's extremely popular is class 41 and 36.

548
00:32:35.800 --> 00:32:37.760
Those are two others that are very popular.

549
00:32:37.760 --> 00:32:42.480
36 is financial work.

550
00:32:42.480 --> 00:32:44.840
So if anybody's doing anything for, let's say,

551
00:32:44.840 --> 00:32:47.760
a bank or financial planner

552
00:32:47.800 --> 00:32:52.400
or anything to do with investments, that's class 36.

553
00:32:52.400 --> 00:32:56.160
And then class 41 is really big.

554
00:32:56.160 --> 00:32:59.680
If you're training people, anything to do with education,

555
00:32:59.680 --> 00:33:02.400
you're doing online course, class 41.

556
00:33:02.400 --> 00:33:05.280
You're doing, oh, okay, this is my first time.

557
00:33:05.280 --> 00:33:07.440
This is not legal advice, just to be clear.

558
00:33:08.600 --> 00:33:10.720
I'm like just sharing freely with all you guys.

559
00:33:10.720 --> 00:33:13.100
And I have to remember, I qualify all this stuff.

560
00:33:13.100 --> 00:33:15.160
I don't want people filing their own trademark applications

561
00:33:15.160 --> 00:33:19.000
for the wrong class and then thinking,

562
00:33:19.000 --> 00:33:20.160
oh, but Peter said this.

563
00:33:20.160 --> 00:33:22.160
Like I said, check with your attorneys

564
00:33:22.160 --> 00:33:23.600
before you do anything.

565
00:33:23.600 --> 00:33:27.760
But if you're doing online courses, that's class 41.

566
00:33:27.760 --> 00:33:30.660
So that's where anything that's education

567
00:33:30.660 --> 00:33:32.520
falls into class 41.

568
00:33:32.520 --> 00:33:35.640
So you can use that link to figure out

569
00:33:35.640 --> 00:33:38.360
what international class is associated

570
00:33:38.360 --> 00:33:40.440
with your trademark, okay?

571
00:33:40.440 --> 00:33:41.560
Very straightforward.

572
00:33:41.560 --> 00:33:44.240
It's not that difficult, all right?

573
00:33:44.240 --> 00:33:46.880
That's why, like when I do a trademark application,

574
00:33:46.880 --> 00:33:48.920
I know law firms will charge like $2,000,

575
00:33:48.920 --> 00:33:50.760
which I think is high.

576
00:33:50.760 --> 00:33:52.600
I charge like 1200 bucks.

577
00:33:52.600 --> 00:33:55.200
Like, you know, I mean, it's not that difficult.

578
00:33:55.200 --> 00:33:57.180
My paralegal can put a lot of this stuff together

579
00:33:57.180 --> 00:33:58.660
for my review.

580
00:33:58.660 --> 00:34:00.920
I review it, make sure things are accurate,

581
00:34:00.920 --> 00:34:03.720
like specimens, recitation of goods and services,

582
00:34:03.720 --> 00:34:04.680
international class.

583
00:34:04.680 --> 00:34:06.960
I review it all, make sure everything's lined up.

584
00:34:06.960 --> 00:34:08.060
Then we file it.

585
00:34:08.060 --> 00:34:12.040
The USPTO fee for filing is I think $250.

586
00:34:13.040 --> 00:34:14.400
That's their fee.

587
00:34:14.400 --> 00:34:19.280
So you're adding $250 to your normal fee.

588
00:34:19.280 --> 00:34:22.920
And so, you know, I charge a flat 1200 bucks

589
00:34:22.920 --> 00:34:25.520
because it's just not a lot of work.

590
00:34:25.520 --> 00:34:27.280
Like patent applications are a lot of work.

591
00:34:27.280 --> 00:34:29.120
Trademarks are not that difficult.

592
00:34:29.120 --> 00:34:32.520
So you should not, if any of you are paying 2,500 bucks

593
00:34:32.520 --> 00:34:36.780
for a trademark application, no.

594
00:34:37.840 --> 00:34:39.820
That's all I'm gonna say, no.

595
00:34:40.679 --> 00:34:41.840
You gotta learn how to say no.

596
00:34:42.639 --> 00:34:43.760
You know how when you were a kid, you said no?

597
00:34:43.760 --> 00:34:45.520
Start using no again, all right?

598
00:34:45.520 --> 00:34:47.440
No, and then walk out the door.

599
00:34:47.440 --> 00:34:49.560
That's crazy, that's crazy.

600
00:34:49.560 --> 00:34:50.800
That's a rip off.

601
00:34:50.800 --> 00:34:52.920
All right, so with that being said,

602
00:34:53.800 --> 00:34:56.280
as of now, you know a little bit

603
00:34:56.280 --> 00:34:57.800
about the international classes.

604
00:34:57.800 --> 00:34:59.280
You know how to look them up.

605
00:35:00.000 --> 00:35:04.400
Like I said, in VIP, we're going to do a live filing of a trademark application so you see

606
00:35:04.400 --> 00:35:09.440
every single part piece by piece, what buttons to push, all that other stuff, just so you know.

607
00:35:10.000 --> 00:35:14.480
And again, I don't encourage you to file your own applications. I would run it by a lawyer if you

608
00:35:14.480 --> 00:35:19.680
never done it before, but it's going to decrease your costs exponentially just by the mere fact

609
00:35:19.680 --> 00:35:27.520
that you got everything together instead of going to them blind. All right, now with that being said,

610
00:35:28.480 --> 00:35:30.560
I want to go over something here that is

611
00:35:33.440 --> 00:35:40.640
detailed, very, very detailed. So let me, I'm going to go over the factors that are used to

612
00:35:40.640 --> 00:35:45.440
determine whether or not there's trademark infringement. Why am I doing this? The reason

613
00:35:45.440 --> 00:35:48.800
why I'm doing this is because quite frankly, I don't want any of you getting sued. I mean,

614
00:35:50.240 --> 00:35:54.480
I just don't. I don't want anybody running into a situation where they have to call me up and go,

615
00:35:54.480 --> 00:35:59.520
oh my gosh, Peter, I just got sued. What do I do? Blah, blah, blah. I don't want you

616
00:35:59.520 --> 00:36:07.040
dealing with that. So with that being the case, Ray, can you drop the link so everybody can

617
00:36:07.760 --> 00:36:11.280
look at the likelihood of confusion factors? Otherwise I can drop it either way.

618
00:36:15.120 --> 00:36:23.040
All right, great. I want everybody to have this at their fingertips. This list is something that

619
00:36:23.040 --> 00:36:31.440
I created that is going to make your life a lot easier. So I'm going to go through these factors

620
00:36:31.440 --> 00:36:38.560
with you one by one here live so you understand what they are. But before I do that, I want to

621
00:36:38.560 --> 00:36:43.520
make sure you understand what I'm actually doing. Okay, so I'm going to make my screen a lot bigger

622
00:36:43.520 --> 00:36:50.320
and I can see everybody's faces. I know who's involved here. Great. Okay, cool. So

623
00:36:51.120 --> 00:36:58.000
what exactly am I going to be showing you? This is the analysis that's used to determine whether

624
00:36:58.000 --> 00:37:02.240
or not you're committing trademark infringement. If you're committing trademark infringement,

625
00:37:02.240 --> 00:37:12.400
you can be sued. You can have to pay damages to another person, another party. You could,

626
00:37:12.400 --> 00:37:18.400
it's rare, it's not often that this happens, but you could be liable for something like attorney's

627
00:37:18.480 --> 00:37:25.200
fees. As a litigator, I can tell you it's not easy to get attorney's fees. TV makes it sound

628
00:37:25.200 --> 00:37:29.600
really easy. Like, oh yeah, just sue the other party and I want attorney's fees. And the judge

629
00:37:29.600 --> 00:37:34.800
is like, yeah, sure, why not? Let's go and just take them. Why not? No, it's hard to get attorney's

630
00:37:34.800 --> 00:37:40.080
fees. It's very difficult. Usually there's got to be some kind of malicious intent that's involved

631
00:37:40.080 --> 00:37:44.000
or somebody knows there's infringement and they keep doing it anyway. And there's like a secret

632
00:37:44.320 --> 00:37:49.840
email between them and like the CEO saying, yeah, I know we're committing trademark infringement,

633
00:37:49.840 --> 00:37:54.480
but nobody's ever going to find out. Please don't. All right. Actually, let me take a moment here.

634
00:37:55.280 --> 00:38:01.120
This is a commercial. This is a commercial break. Okay. Here's my commercial. If you believe there's

635
00:38:01.120 --> 00:38:09.520
a legal issue within your company, do not email any of your employees, period. About that legal

636
00:38:09.520 --> 00:38:18.160
issue, period. Why am I saying that? It's all discoverable. All discoverable. What does

637
00:38:18.160 --> 00:38:25.760
discoverable mean? What it means is that opposing counsel is going to request documents, right?

638
00:38:25.760 --> 00:38:31.200
They're called requests for production and all your emails are going to have to be surrendered.

639
00:38:31.760 --> 00:38:38.240
And when they're surrendered, there's an email from Gloria over to Dr. Nadine saying, Dr. Nadine,

640
00:38:38.880 --> 00:38:45.360
you know, this product, I'm pretty sure we saw this at a trade show, but why don't we steal this?

641
00:38:47.680 --> 00:38:53.440
Like, why don't we steal this thing and make millions of dollars? You know, instead of

642
00:38:53.440 --> 00:38:57.280
billions, we're going to make millions and millions, right? And there's an email that

643
00:38:57.280 --> 00:39:02.320
says that. And then all of a sudden somebody says in the company, oh, I think that infringes.

644
00:39:03.120 --> 00:39:07.200
And then Nadine, you know, or Gloria sends the email and saying, yeah, it's infringement,

645
00:39:07.200 --> 00:39:14.800
but nobody's going to find out. That one email, it's over. So please, if anybody sends you a

646
00:39:14.800 --> 00:39:20.080
cease and desist letter, if anybody sends you a, like a request to stop selling something,

647
00:39:20.080 --> 00:39:28.080
or just threatens litigation, do not email your colleagues. If you need to talk to somebody,

648
00:39:28.080 --> 00:39:31.840
you know, talk face to face. But the best thing to do in those situations,

649
00:39:31.840 --> 00:39:36.000
they get an attorney involved immediately because then it falls into, most of the time,

650
00:39:36.000 --> 00:39:40.240
it falls into what's called attorney-client privilege, which makes it very difficult for

651
00:39:40.240 --> 00:39:45.040
opposing counseling to get access to. Some of this talk is kind of going over some people's heads.

652
00:39:45.040 --> 00:39:51.680
That's fine. All I want you to understand is if there's a threat of litigation, don't you email

653
00:39:51.680 --> 00:39:58.800
anybody about that issue. Like, just stop. Just stop. Because that's where I see people getting

654
00:39:58.800 --> 00:39:59.840
a lot of trouble.

655
00:40:00.000 --> 00:40:04.440
Because they're they're it's just they're just venting and next thing, you know

656
00:40:04.960 --> 00:40:12.000
That email is being used to destroy a company. So just be careful. Okay. All right. Does this count as legal advice to Kenya?

657
00:40:13.920 --> 00:40:17.920
This is not legal advice you got it is that

658
00:40:20.160 --> 00:40:24.720
This is not legal advice not do you see how low this water is right now, okay

659
00:40:24.920 --> 00:40:31.680
I'm just saying not legal advice. All right with that being the case. That was great to Kenya. I love it

660
00:40:31.960 --> 00:40:33.800
all right, so

661
00:40:33.800 --> 00:40:35.040
With that being the case

662
00:40:35.040 --> 00:40:41.280
I'm gonna show you the factors that you use in an analysis to determine whether or not there's trademark infringement

663
00:40:41.560 --> 00:40:44.200
All right, I'm gonna show you them one by one by one

664
00:40:45.000 --> 00:40:47.000
so let me

665
00:40:47.000 --> 00:40:53.160
Grab it right now. Let me shrink everybody down so I could see everyone and the screen and here we go. All right

666
00:40:54.160 --> 00:40:56.160
Everybody has a copy of this

667
00:40:56.800 --> 00:40:57.800
Okay

668
00:40:57.800 --> 00:41:01.940
While I put this together if you want to share this with others share with others

669
00:41:01.940 --> 00:41:06.680
You notice I didn't put my copyright symbol on it. Okay, there's no copyright notice on it

670
00:41:07.040 --> 00:41:12.560
Okay, so if you want to share with others share with others if you're in a group and you're teaching other people

671
00:41:13.440 --> 00:41:20.820
Feel free like share with others. That's fine. I'd rather you you share this level of knowledge. So people understand, okay

672
00:41:21.580 --> 00:41:27.140
There are several factors they're typically 9 to 12, but what we did was we kind of

673
00:41:28.300 --> 00:41:31.180
Incorporated a few of them together to break it down to 7

674
00:41:31.180 --> 00:41:37.140
But really number one is three different factors like there's appearance sound and commercial impression

675
00:41:37.940 --> 00:41:45.440
But we just put it into number one to make it easier for you. Okay. Number one is the similarity or dissimilarity between the marks

676
00:41:46.820 --> 00:41:48.820
So do they look the same?

677
00:41:49.260 --> 00:41:54.740
That's that's number one do they look the same appearance and so if I typed in the chat

678
00:41:54.880 --> 00:41:59.220
I'm gonna type in the chat for everybody Nike and I KE and

679
00:41:59.780 --> 00:42:02.820
I'm gonna say versus and I KY

680
00:42:03.620 --> 00:42:05.620
That's the analysis that we're gonna do

681
00:42:06.540 --> 00:42:10.260
Okay, Nike versus Nike. So do they look the same?

682
00:42:11.460 --> 00:42:13.460
Well, three of the letters are similar

683
00:42:14.220 --> 00:42:21.780
So there is some level of similarity so is it exactly the same no, but in appearance it's kind of close so

684
00:42:23.100 --> 00:42:24.940
It's kind of a problem

685
00:42:24.940 --> 00:42:27.580
Now does it sound the same? It sounds exactly the same

686
00:42:28.220 --> 00:42:34.860
So that weighs heavily against you now commercial impression is how do people feel when they hear the word?

687
00:42:34.860 --> 00:42:36.860
so if you say something like

688
00:42:37.420 --> 00:42:43.220
Um, let's say darknet right darknet is the word versus

689
00:42:43.980 --> 00:42:46.380
Ambient like it has a different

690
00:42:47.300 --> 00:42:53.380
Impression darknet made me may make you feel like it's a dark environment and ambient makes you think of light

691
00:42:53.380 --> 00:42:56.180
So it's like a commercial impression when you hear the word

692
00:42:57.100 --> 00:43:01.540
Between the two different words. So you're looking at each of those things and saying

693
00:43:02.220 --> 00:43:04.940
Does it look the same kind of it's very close

694
00:43:04.980 --> 00:43:12.300
Does it sound the same sounds exactly the same and then commercial impression Nike and Nike kind of like the same impression

695
00:43:12.540 --> 00:43:14.540
so so far

696
00:43:14.780 --> 00:43:21.220
There's a problem. I mean as of right now, there's a bit of a problem. All right, I'm gonna go to the next factor

697
00:43:22.020 --> 00:43:24.780
Which is relatedness of the goods of services

698
00:43:24.780 --> 00:43:30.420
So let's say Nike and I KE is for sneakers, which we already know, but I want to create a shoe company, right?

699
00:43:30.740 --> 00:43:34.260
So for this shoe company, I'm gonna create

700
00:43:36.100 --> 00:43:38.100
Take off my shoe

701
00:43:38.260 --> 00:43:45.340
So I have shoes like this. So here's here's a shoe. So there's a shoe that's gonna be sold and

702
00:43:46.300 --> 00:43:48.220
so I

703
00:43:48.220 --> 00:43:52.580
asked the question is there a similarity between sneakers and

704
00:43:53.380 --> 00:43:59.020
Shoes yes or no. So type in a chat whether or not you think there's a similarity between sneakers and shoes

705
00:44:00.020 --> 00:44:03.860
Bayless is yes. Abigail says yes Kenya says yes

706
00:44:05.620 --> 00:44:11.620
Three people say yes, Maryland says yes. Daphne says no. Okay. All right. Allen says no

707
00:44:13.860 --> 00:44:17.100
Valo says yes, okay, so

708
00:44:17.900 --> 00:44:20.540
That's a question that the courts gonna decide so

709
00:44:21.260 --> 00:44:27.620
Yes, Vicky is exactly right. They're both footwear. That's the analysis that the courts gonna do

710
00:44:28.140 --> 00:44:32.820
One party the party who owns the trademark is gonna say they're both footwear

711
00:44:33.500 --> 00:44:40.860
And so for that reason there may be a likelihood of confusion or there is a similarity in that respect

712
00:44:41.900 --> 00:44:44.780
so but the next question that you ask is

713
00:44:45.540 --> 00:44:52.620
whether or not if you look at factor number three you look and you say whether or not there is a

714
00:44:52.620 --> 00:45:00.020
But the place where the things are sold are the places similar so the shoe that I just shows you

715
00:45:00.000 --> 00:45:05.000
Are their shoes sold in the same place as the sneakers

716
00:45:05.800 --> 00:45:07.340
that are sold by Nike?

717
00:45:07.340 --> 00:45:09.060
If they're both sold in the same place,

718
00:45:09.060 --> 00:45:10.900
there's a high level of,

719
00:45:10.900 --> 00:45:14.220
or a high chance of there being confusion.

720
00:45:14.220 --> 00:45:17.140
Because they're both sold in a similar place.

721
00:45:17.140 --> 00:45:19.180
So people are gonna see Nike, Nike,

722
00:45:19.180 --> 00:45:22.660
and they're gonna go, okay, sure, I'll take it.

723
00:45:22.660 --> 00:45:25.900
And there's a, just the likelihood of confusion is higher.

724
00:45:25.900 --> 00:45:27.540
So does it sound the same?

725
00:45:27.540 --> 00:45:28.740
Does it look the same?

726
00:45:28.740 --> 00:45:30.360
Do you get a similar feeling?

727
00:45:31.220 --> 00:45:33.820
Are the goods or services the same?

728
00:45:33.820 --> 00:45:35.580
And then where are they sold?

729
00:45:35.580 --> 00:45:38.500
If where they're sold is similar, that's a problem.

730
00:45:38.500 --> 00:45:40.500
That leads to a higher level of,

731
00:45:40.500 --> 00:45:45.020
a higher chance of there being a likelihood of confusion,

732
00:45:45.020 --> 00:45:48.140
which equates to trademark infringement.

733
00:45:48.140 --> 00:45:51.180
The next thing that you look at is really interesting.

734
00:45:51.180 --> 00:45:52.380
It's called degree of care.

735
00:45:52.380 --> 00:45:56.820
So if my shoes cost $495,

736
00:45:58.860 --> 00:46:02.060
versus sneakers that go for $10,

737
00:46:02.060 --> 00:46:03.980
there's less of a likelihood of confusion

738
00:46:03.980 --> 00:46:05.780
because the price difference

739
00:46:05.780 --> 00:46:10.780
between the two different items is huge.

740
00:46:11.900 --> 00:46:16.140
And when somebody buys a $495 pair of shoes,

741
00:46:16.140 --> 00:46:19.620
they're gonna use a higher level of scrutiny

742
00:46:19.620 --> 00:46:23.080
or they're gonna be more careful about what they're buying

743
00:46:23.080 --> 00:46:24.980
versus buying a $10 pair of shoes.

744
00:46:24.980 --> 00:46:27.940
They're just gonna go, I'll just grab whatever I want.

745
00:46:27.940 --> 00:46:28.780
It's not that big of a deal.

746
00:46:28.780 --> 00:46:31.740
It's 10 bucks versus $495.

747
00:46:31.740 --> 00:46:35.620
So if the prices are kind of similar,

748
00:46:35.620 --> 00:46:36.580
there's a higher chance

749
00:46:36.580 --> 00:46:38.840
of there being a likelihood of confusion.

750
00:46:39.700 --> 00:46:42.460
And if the prices tend to be on the lower side,

751
00:46:42.460 --> 00:46:43.460
there's a higher chance

752
00:46:43.460 --> 00:46:45.580
that there being a likelihood of confusion.

753
00:46:46.540 --> 00:46:49.060
Factor number five,

754
00:46:49.060 --> 00:46:51.300
all the factor number five really is saying is that

755
00:46:51.300 --> 00:46:54.380
if there's a lot of other trademarks that have the same name,

756
00:46:54.380 --> 00:46:56.740
like imagine there's like a hundred other trademarks

757
00:46:56.740 --> 00:46:58.780
for Nike, N-I-K-E,

758
00:46:58.780 --> 00:47:02.220
or a lot of different companies are using N-I-K-E.

759
00:47:02.220 --> 00:47:05.420
And the Nike that we're looking at in the analysis

760
00:47:05.420 --> 00:47:06.700
is not a federal registration.

761
00:47:06.700 --> 00:47:10.020
It's just a lot of people use N-I-K-E.

762
00:47:10.020 --> 00:47:11.820
Well, then there's a low likelihood of confusion

763
00:47:11.820 --> 00:47:14.860
because everybody is using the same name.

764
00:47:14.860 --> 00:47:18.460
So that's something that is analyzed as well.

765
00:47:18.460 --> 00:47:21.100
If there's an agreement between the parties,

766
00:47:21.100 --> 00:47:24.540
let's say like N-I-K-Y has a written agreement

767
00:47:24.540 --> 00:47:27.980
from N-I-K-E, the company saying,

768
00:47:27.980 --> 00:47:30.700
yes, you can use N-I-K-Y.

769
00:47:30.700 --> 00:47:32.220
We don't believe there's an issue.

770
00:47:32.220 --> 00:47:35.180
We're gonna give you a covenant not to sue,

771
00:47:35.180 --> 00:47:37.580
meaning we're not gonna sue you.

772
00:47:37.580 --> 00:47:39.460
If you have a written agreement that says

773
00:47:39.460 --> 00:47:41.620
this is a covenant not to sue,

774
00:47:41.620 --> 00:47:43.740
then for them to sue you,

775
00:47:43.740 --> 00:47:47.260
that would be a contractual violation of a legal agreement.

776
00:47:47.260 --> 00:47:48.780
So they're not gonna sue you

777
00:47:48.780 --> 00:47:51.700
when they have a document saying they can't sue you.

778
00:47:51.700 --> 00:47:53.500
If they did, you could just ask the judge

779
00:47:53.500 --> 00:47:55.820
to get you out of court immediately.

780
00:47:55.820 --> 00:47:59.860
And then the last factor is called actual confusion.

781
00:47:59.860 --> 00:48:02.180
What actual confusion is,

782
00:48:02.180 --> 00:48:05.300
is imagine that I'm running a company

783
00:48:05.300 --> 00:48:08.180
and let's say Debra Anderson.

784
00:48:08.180 --> 00:48:10.540
Debra Anderson's running a company

785
00:48:10.540 --> 00:48:13.580
and Debra Anderson has this incredible trademark

786
00:48:13.580 --> 00:48:15.620
and I decided to just use it.

787
00:48:15.620 --> 00:48:19.380
And then Abigail Price sends an email to Debra Anderson

788
00:48:19.380 --> 00:48:22.820
saying, hey, is that your product?

789
00:48:22.820 --> 00:48:25.500
And the product that it's being referred to is my product,

790
00:48:25.500 --> 00:48:26.740
not Debra's product.

791
00:48:28.020 --> 00:48:30.700
That's proof of actual confusion.

792
00:48:30.700 --> 00:48:33.660
Somebody in the public thought

793
00:48:33.660 --> 00:48:36.100
that the product was being sold by Debra

794
00:48:36.100 --> 00:48:37.940
when it was actually being sold by me.

795
00:48:37.940 --> 00:48:41.260
That is actual proof of actual confusion.

796
00:48:41.260 --> 00:48:43.540
That right there is like the trump card.

797
00:48:43.540 --> 00:48:45.380
Like that is the ace in the hole.

798
00:48:45.380 --> 00:48:47.980
If you have that, you bring that into court.

799
00:48:47.980 --> 00:48:50.060
That increases your chances of winning

800
00:48:50.060 --> 00:48:52.380
in a trademark infringement analysis.

801
00:48:52.900 --> 00:48:55.020
So again, all of those factors

802
00:48:55.020 --> 00:48:57.180
and all of you have that thing there that you can look at,

803
00:48:57.180 --> 00:49:00.220
you can play with and look at a different factors.

804
00:49:00.220 --> 00:49:03.020
But the main point of what I'm saying here

805
00:49:03.020 --> 00:49:06.180
is that there is a balancing test that's done.

806
00:49:06.180 --> 00:49:09.340
If more of these factors are weighing against you,

807
00:49:09.340 --> 00:49:12.980
especially the big ones like actual confusion,

808
00:49:12.980 --> 00:49:14.300
that's a big one.

809
00:49:14.300 --> 00:49:16.140
There's real confusion in the market

810
00:49:16.140 --> 00:49:18.340
that weighs heavily against you.

811
00:49:18.340 --> 00:49:21.340
But then if it looks similar, it sounds similar,

812
00:49:21.340 --> 00:49:24.300
those again weigh heavily against you.

813
00:49:24.300 --> 00:49:26.580
So if a lot of these factors are weighing against you,

814
00:49:26.580 --> 00:49:29.740
there's a very high chance that you will be sued

815
00:49:29.740 --> 00:49:33.500
or that you will be liable for trademark infringement.

816
00:49:33.500 --> 00:49:36.380
So now you know the parts

817
00:49:36.380 --> 00:49:38.140
of a trademark infringement analysis

818
00:49:38.140 --> 00:49:39.820
that are done by lawyers like myself,

819
00:49:39.820 --> 00:49:43.940
courts, individuals before they file a lawsuit.

820
00:49:43.940 --> 00:49:47.060
So why did I show you this?

821
00:49:47.060 --> 00:49:49.520
When you go doing your trademark search now,

822
00:49:50.520 --> 00:49:53.440
so let's say Jennifer,

823
00:49:53.440 --> 00:49:56.800
Jennifer has a new trademark and she does a search

824
00:49:56.800 --> 00:50:00.440
and she sees another trademark that looks similar.

825
00:50:00.000 --> 00:50:06.420
similar. So she's about to use a certain name and she finds a trademark out there that comes

826
00:50:06.420 --> 00:50:11.160
up in the search results. Now what I'm going to do is I'm going to look at that list there

827
00:50:11.160 --> 00:50:16.940
and I'm going to say, does it look the same? Kind of. Does it sound the same? Kind of.

828
00:50:16.940 --> 00:50:21.600
I'm going to look at the goods and services. Are they similar to mine? Yeah, they kind

829
00:50:21.600 --> 00:50:27.460
of are. Well, those factors alone would weigh so heavily against using the trademark that

830
00:50:27.460 --> 00:50:31.980
Jennifer would go, there's no way in the world I'm going to use that thing. Why would

831
00:50:31.980 --> 00:50:39.860
I build a company? Honestly, why would I build a company behind a name, get a huge following,

832
00:50:39.860 --> 00:50:44.220
get all these clients on board and then have to change absolutely everything when I get

833
00:50:44.220 --> 00:50:50.280
a cease and desist letter? People spend tens to hundreds of thousands of dollars rebranding

834
00:50:50.280 --> 00:50:55.180
and coming out with new names. Nobody here should ever run into that because all of you

835
00:50:55.180 --> 00:51:00.260
now know how to do a quick trademark search. You know how to talk to your attorneys. You

836
00:51:00.260 --> 00:51:04.740
know how to determine if there's a likelihood of confusion. So if you do a trademark search

837
00:51:04.740 --> 00:51:12.940
and you see, oh my gosh, this trademark looks similar, but the goods are not even close.

838
00:51:12.940 --> 00:51:17.500
Like you're starting to, you're going to build a floor shop and somebody owns that exact

839
00:51:17.500 --> 00:51:23.380
same trademark for a hamburger stand. They're not even related. Now, just to be clear, I'm

840
00:51:23.380 --> 00:51:29.340
not telling anybody here to open up McDonald's flower stand. I did not say that. I don't

841
00:51:29.340 --> 00:51:37.900
want anybody getting sued. I did not say that. And this is not legal advice. There you go.

842
00:51:37.900 --> 00:51:44.460
Okay. All right. Moving on. I have covered myself right there. There you go. So now you

843
00:51:44.460 --> 00:51:48.500
know the parts in the analysis. So when you do your own trademark search, look at each

844
00:51:48.500 --> 00:51:55.140
of those factors and you can make a top level determination of, all right, I've got five

845
00:51:55.140 --> 00:52:00.100
trademarks, three of them. They're not so good. Let me talk to my lawyer about two and

846
00:52:00.100 --> 00:52:04.540
you save a lot of time and money. Does that help? Did that process help you guys? Yeah.

847
00:52:04.540 --> 00:52:09.220
Okay, cool. I'm glad. I'm glad to hear that because I've just, I've had a lot of people

848
00:52:09.220 --> 00:52:13.820
come to me after the fact and either they didn't know what a trademark search was or

849
00:52:13.820 --> 00:52:18.420
they didn't know how to do an analysis for trademark infringement. And so they're

850
00:52:18.420 --> 00:52:25.340
rebranding. And just to be clear, I'm just going to, I want to give you this example

851
00:52:25.340 --> 00:52:31.980
because I really want to drive this home. I had a woman call me up. She had a ministry,

852
00:52:32.180 --> 00:52:40.140
like a ministry helping women, right? Helping single moms. She had a ministry. Okay. So

853
00:52:40.140 --> 00:52:44.340
you would think, oh, well, she's doing good work. Isn't that wonderful? Nothing's going

854
00:52:44.340 --> 00:52:52.940
to happen. She gets a cease and desist letter for her ministry in helping like single moms.

855
00:52:52.940 --> 00:52:59.740
Okay. Try to find homes. She gets a cease and desist letter and the company says immediately

856
00:52:59.740 --> 00:53:05.900
stop using that name, right? She reaches out to the other side. The other side who owned

857
00:53:05.900 --> 00:53:12.420
the trademark was a ministry. So just to be clear, don't, don't think, well, I'm doing

858
00:53:12.420 --> 00:53:17.820
a nice thing. Nobody's going to bother me. Like it was a ministry versus a ministry over

859
00:53:17.820 --> 00:53:23.700
a name. Okay. And so she had to stop using it. Uh, and she did, and she was crying on

860
00:53:23.700 --> 00:53:28.180
the phone and everything. And I told her, look, you can rebrand this way. And if you

861
00:53:28.180 --> 00:53:32.820
ever get into this kind of situation, honestly, get counseling. Like, I don't mean mental

862
00:53:32.820 --> 00:53:37.460
counseling. I mean like a lawyer, right? Get counseling. You may need mental counseling

863
00:53:37.460 --> 00:53:41.140
if you go through litigation, but that that's a whole other story. This is not a challenge

864
00:53:41.140 --> 00:53:47.780
for mental counseling. Okay. It's a different story. Uh, but the point of the fact is, um,

865
00:53:47.780 --> 00:53:55.020
you've got to be careful even in how you reveal this stuff to your own clients. So let's say

866
00:53:55.020 --> 00:54:00.420
that you do get a cease and desist letter, right? One of the ways that people will kind

867
00:54:00.420 --> 00:54:04.740
of frame it is they'll say, instead of going out there and saying to all their people,

868
00:54:04.740 --> 00:54:09.340
even though it is public record, they'll say, instead of saying, Hey, I just got sued. So

869
00:54:09.340 --> 00:54:13.820
I got to come out with a new name. That's not really good for business, right? Well,

870
00:54:13.820 --> 00:54:18.460
people will say instead is they'll say, you know what? We've had this brand for a while.

871
00:54:18.460 --> 00:54:22.460
We've got a large following. We decided to come out with a brand new name for this because

872
00:54:22.460 --> 00:54:27.260
this is so important. We are transforming the world with what we're doing right now.

873
00:54:27.260 --> 00:54:31.700
So we created an entity just for this, or we created a new brand just for this. And

874
00:54:31.700 --> 00:54:36.180
it's now called boom. And we're going to drive that line forward. And we're going to make,

875
00:54:36.180 --> 00:54:39.900
we're going to help as many people as possible. You got to in marketing, sometimes you got

876
00:54:39.900 --> 00:54:44.260
to twist what's happening here. So it doesn't look so bad. The fact of the matter is you

877
00:54:44.260 --> 00:54:49.940
got a cease and desist letter and you did change that name. But at the end of the day,

878
00:54:49.940 --> 00:54:55.100
you know, instead of saying, yeah, I got beaten up by the kid at the bus stop. You're like,

879
00:54:55.100 --> 00:54:59.900
no, mommy. I just wanted to see you so badly. I came home early. You know, you just got to change.

880
00:55:00.000 --> 00:55:02.160
It's the way you give the message, all right?

881
00:55:02.160 --> 00:55:04.440
So that's a little marketing advice.

882
00:55:04.440 --> 00:55:06.160
That's free, that's free.

883
00:55:06.160 --> 00:55:07.800
Just give that to you.

884
00:55:07.800 --> 00:55:10.160
All right, so with that being said,

885
00:55:10.160 --> 00:55:14.040
I'm gonna show you another thing here

886
00:55:14.040 --> 00:55:15.760
that I think is gonna help you guys out.

887
00:55:15.760 --> 00:55:19.780
And then I think we will, I think we'll close.

888
00:55:19.780 --> 00:55:21.160
Yeah, I think we'll close from here.

889
00:55:21.160 --> 00:55:24.640
And then tomorrow we're gonna jump right into trademarks.

890
00:55:24.640 --> 00:55:28.280
Let me show you something that is extremely valuable.

891
00:55:29.200 --> 00:55:33.320
Rae, the link for the Wayback Machine?

892
00:55:34.720 --> 00:55:35.560
Sure, one sec.

893
00:55:35.560 --> 00:55:36.920
Can you drop that for me please?

894
00:55:36.920 --> 00:55:38.480
Thank you.

895
00:55:38.480 --> 00:55:43.480
Okay, this is a tool that is extremely valuable

896
00:55:44.160 --> 00:55:45.320
if you're trying to figure out

897
00:55:45.320 --> 00:55:46.900
what your competition's doing.

898
00:55:47.760 --> 00:55:50.960
Meaning, let's say somebody has been using a name

899
00:55:50.960 --> 00:55:54.200
for a long period of time and you're trying to determine

900
00:55:54.200 --> 00:55:56.600
if they're still using that name anymore

901
00:55:56.600 --> 00:55:58.760
or when they stopped using that name

902
00:55:58.760 --> 00:56:01.320
to see if you've got a trademark issue.

903
00:56:02.760 --> 00:56:05.040
Basically, I'm revealing to you one of the secrets

904
00:56:05.040 --> 00:56:06.480
that I use in my practice, all right?

905
00:56:06.480 --> 00:56:08.940
So this is really helpful.

906
00:56:08.940 --> 00:56:12.740
So MIT created a database that has all the websites,

907
00:56:12.740 --> 00:56:15.760
like websites year after year.

908
00:56:15.760 --> 00:56:18.360
They're former versions of the website.

909
00:56:18.360 --> 00:56:22.360
And so what we just dropped in the chat

910
00:56:22.360 --> 00:56:23.280
is a link to this.

911
00:56:23.280 --> 00:56:25.880
It's called the Wayback Machine.

912
00:56:25.880 --> 00:56:28.880
So let me share this with you for a second

913
00:56:28.880 --> 00:56:31.740
and tell you why this is such a valuable website.

914
00:56:34.380 --> 00:56:35.920
This is the Wayback Machine.

915
00:56:37.100 --> 00:56:40.880
The way it works is you just put in the domain name

916
00:56:40.880 --> 00:56:43.720
for whatever it is that,

917
00:56:43.720 --> 00:56:46.680
let's say you're trying to determine whether dominoes,

918
00:56:46.680 --> 00:56:50.440
so dominoes.com.

919
00:56:50.440 --> 00:56:52.480
You're trying to determine whether or not dominoes

920
00:56:52.480 --> 00:56:57.480
is still using a certain name for, I don't know,

921
00:56:57.480 --> 00:56:59.160
a pizza that they came out with.

922
00:56:59.160 --> 00:57:01.600
And you wanna figure out if they haven't used it,

923
00:57:01.600 --> 00:57:03.360
when did they stop using it?

924
00:57:03.360 --> 00:57:05.580
You could type in dominoes.com.

925
00:57:05.580 --> 00:57:07.200
Now look at this.

926
00:57:07.200 --> 00:57:10.040
These are all the different versions of their website

927
00:57:10.040 --> 00:57:15.040
going all the way back to like 1996.

928
00:57:16.160 --> 00:57:21.160
So if I know, okay, that trademark was used in 2022, yep.

929
00:57:22.040 --> 00:57:27.000
Or no, let's say I know it was used in 2015, 16, 17, 18, 19.

930
00:57:27.000 --> 00:57:29.280
I think they stopped using it in 19.

931
00:57:29.280 --> 00:57:34.280
I might go into 2020 and look up the other party's website.

932
00:57:34.480 --> 00:57:39.120
And so I just go over here, let's say to February 13th,

933
00:57:39.120 --> 00:57:43.280
and I go to one of these here and I click on it.

934
00:57:43.280 --> 00:57:47.920
And when I click on it, it loads up and now it pops up.

935
00:57:49.600 --> 00:57:50.800
Let me give it a second.

936
00:57:52.160 --> 00:57:54.240
And then it pops up.

937
00:57:57.600 --> 00:58:01.620
This is when we need the background music from Jeopardy.

938
00:58:05.120 --> 00:58:08.120
So you see over here, it says Domino's homepage.

939
00:58:08.120 --> 00:58:10.600
Taking a little while to load though, I wonder why.

940
00:58:13.840 --> 00:58:14.680
Come on now.

941
00:58:19.560 --> 00:58:20.840
Well, it's taking a while to load.

942
00:58:21.520 --> 00:58:22.760
But in any case, what you can do is you can actually

943
00:58:22.760 --> 00:58:27.280
look at the former website and see when they actually

944
00:58:27.280 --> 00:58:31.120
stopped using that trademark, which is very helpful.

945
00:58:31.120 --> 00:58:32.640
I mean, it's just extremely helpful.

946
00:58:32.640 --> 00:58:35.240
I've used it multiple times and found out

947
00:58:35.240 --> 00:58:36.840
that another party really wasn't using

948
00:58:36.840 --> 00:58:38.640
the trademark anymore.

949
00:58:38.640 --> 00:58:40.760
And then I found looking at the website,

950
00:58:40.760 --> 00:58:41.800
see, yep, it died.

951
00:58:41.800 --> 00:58:44.160
Nobody's been using it for years and years.

952
00:58:45.760 --> 00:58:48.040
And then the client is more comfortable

953
00:58:48.040 --> 00:58:49.560
using a specific trademark.

954
00:58:49.640 --> 00:58:52.200
By using this, but I don't know why it's not popping up.

955
00:58:52.200 --> 00:58:55.680
It's just taking a really long time to load.

956
00:58:55.680 --> 00:59:00.080
But anyways, that's something that you can use on your own.

957
00:59:00.080 --> 00:59:02.080
If you wanna see what your competition's been doing

958
00:59:02.080 --> 00:59:05.040
year after year, you can use that website

959
00:59:05.040 --> 00:59:07.560
by looking at exactly what they've done

960
00:59:07.560 --> 00:59:10.800
with that specific line year after year after year.

961
00:59:10.800 --> 00:59:13.080
Right now, it might not make a lot of sense to you,

962
00:59:13.080 --> 00:59:15.720
but at some point, you're gonna be in a situation

963
00:59:15.720 --> 00:59:19.160
where you're going, geez, I wonder if such and such

964
00:59:19.760 --> 00:59:20.600
is selling this thing or not,

965
00:59:20.600 --> 00:59:22.240
or did they stop it last year?

966
00:59:22.240 --> 00:59:24.720
And you can just pull up their website from last year.

967
00:59:24.720 --> 00:59:26.880
It's literally the exact website.

968
00:59:26.880 --> 00:59:28.640
It's pretty powerful stuff.

969
00:59:28.640 --> 00:59:31.040
But for some reason, it's taking a long time to load.

970
00:59:31.040 --> 00:59:33.200
And I wonder if that's, oh, I see why.

971
00:59:35.120 --> 00:59:37.360
Okay, all right, let me see if it works now.

972
00:59:43.560 --> 00:59:45.320
Yeah, there we go.

973
00:59:46.480 --> 00:59:47.600
Redirecting.

974
00:59:50.160 --> 00:59:51.000
Come on now.

975
00:59:54.560 --> 00:59:59.560
And this is from 2016.

976
01:00:00.000 --> 01:00:01.340
16 right now.

977
01:00:02.440 --> 01:00:03.400
It's still loading.

978
01:00:03.400 --> 01:00:05.720
Man, it's taking a long time to load.

979
01:00:05.720 --> 01:00:07.920
Anyways, I'll let it run in the background, so.

980
01:00:07.920 --> 01:00:11.680
Hey, Peter, Katarina just dropped an interesting question.

981
01:00:11.680 --> 01:00:12.520
Do you see it there?

982
01:00:12.520 --> 01:00:13.440
Yeah, sure, go ahead.

983
01:00:13.440 --> 01:00:14.980
She said, so she's confused.

984
01:00:14.980 --> 01:00:17.800
If someone hasn't been using a trademark,

985
01:00:17.800 --> 01:00:20.600
it dies even if they keep renewing?

986
01:00:20.600 --> 01:00:22.000
Great question.

987
01:00:22.000 --> 01:00:22.960
That's a great question.

988
01:00:22.960 --> 01:00:26.080
All right, so, and this is something

989
01:00:26.080 --> 01:00:28.480
that we'll be going into more detail in VIP,

990
01:00:28.520 --> 01:00:31.780
but in general, if you stop using a trademark

991
01:00:31.780 --> 01:00:35.160
for three years, it goes abandoned.

992
01:00:35.160 --> 01:00:37.680
You have to continuously use a trademark.

993
01:00:37.680 --> 01:00:39.320
If you stop using it for three years,

994
01:00:39.320 --> 01:00:40.620
it's considered abandoned.

995
01:00:42.160 --> 01:00:45.680
You've got to renew in like these five-year increments.

996
01:00:45.680 --> 01:00:46.520
There's different things.

997
01:00:46.520 --> 01:00:48.520
There's like section eight, section nines.

998
01:00:48.520 --> 01:00:50.360
There's other different types of renewals

999
01:00:50.360 --> 01:00:52.320
and things that you can file

1000
01:00:52.320 --> 01:00:55.040
so that your trademark can't be challenged.

1001
01:00:55.040 --> 01:00:56.480
There's different things that you can do.

1002
01:00:56.480 --> 01:00:57.840
Talk to your attorneys about that,

1003
01:00:57.840 --> 01:01:01.560
but if in a five-year period,

1004
01:01:01.560 --> 01:01:04.560
three of those years, you have not used the trademark,

1005
01:01:04.560 --> 01:01:06.120
it's considered abandoned.

1006
01:01:06.120 --> 01:01:08.680
Now, so imagine this.

1007
01:01:08.680 --> 01:01:10.560
Imagine that I've had a trademark for 20 years

1008
01:01:10.560 --> 01:01:13.100
and I stopped using it for three years,

1009
01:01:13.100 --> 01:01:15.820
and then somebody else starts using the trademark.

1010
01:01:16.960 --> 01:01:19.920
Then technically, I can't renew

1011
01:01:19.920 --> 01:01:21.620
if I haven't used it three years in a row.

1012
01:01:21.620 --> 01:01:24.640
And in fact, you have to make a statement

1013
01:01:24.640 --> 01:01:28.080
to the trademark office that a declaration,

1014
01:01:28.080 --> 01:01:32.120
like a legal document, you have to make a statement saying,

1015
01:01:32.120 --> 01:01:35.160
I have used it in the last three years, all right?

1016
01:01:35.160 --> 01:01:38.240
If you don't do that,

1017
01:01:38.240 --> 01:01:39.480
then you're not gonna get your renewal.

1018
01:01:39.480 --> 01:01:43.080
So let's assume for purposes of just discussion,

1019
01:01:43.080 --> 01:01:45.480
just to make things really complicated and fun,

1020
01:01:46.320 --> 01:01:49.720
let's just say that you didn't use the last three years.

1021
01:01:49.720 --> 01:01:51.200
And then all of a sudden,

1022
01:01:51.200 --> 01:01:54.480
somebody else used it in that time period.

1023
01:01:56.080 --> 01:01:57.480
And then you start using it.

1024
01:01:58.940 --> 01:02:00.020
What happens then?

1025
01:02:02.520 --> 01:02:06.240
It becomes a common law analysis, right?

1026
01:02:06.240 --> 01:02:09.120
Because now you can't renew your federal registration

1027
01:02:10.280 --> 01:02:12.740
because you haven't continuously used it for three years.

1028
01:02:12.740 --> 01:02:14.760
So now it becomes a common law analysis.

1029
01:02:14.760 --> 01:02:17.220
And who wins in a common law analysis?

1030
01:02:18.400 --> 01:02:20.620
The first to use, right.

1031
01:02:21.520 --> 01:02:24.240
Is the first to use, right?

1032
01:02:24.240 --> 01:02:28.140
So if let's say Daphne starts using it,

1033
01:02:28.140 --> 01:02:32.400
when I forget to renew or I haven't used it in three years

1034
01:02:32.400 --> 01:02:36.240
and Daphne started using it, I'm in trouble.

1035
01:02:36.240 --> 01:02:38.360
Like I can't renew.

1036
01:02:38.360 --> 01:02:39.920
And then all of a sudden I started using it,

1037
01:02:39.920 --> 01:02:44.920
but now I'm the, I started using after her,

1038
01:02:45.000 --> 01:02:47.800
which means she has common law rights and I can't renew.

1039
01:02:47.800 --> 01:02:50.320
So now it becomes common law versus common law

1040
01:02:50.320 --> 01:02:52.480
and Daphne wins, even though I had a registration

1041
01:02:52.480 --> 01:02:55.760
for 20 years because I stopped using it for three years.

1042
01:02:55.760 --> 01:02:59.320
So remember that number three, number three,

1043
01:02:59.320 --> 01:03:01.040
make sure you're using this thing.

1044
01:03:01.040 --> 01:03:03.800
You can't stop using it for three continuous years

1045
01:03:03.800 --> 01:03:07.160
or you can lose your legal rights.

1046
01:03:07.160 --> 01:03:08.680
So what we are gonna do now,

1047
01:03:08.680 --> 01:03:13.040
we're gonna take a 10 minute break

1048
01:03:13.040 --> 01:03:16.040
and then we're gonna jump into VIP, all right.

1049
01:03:16.040 --> 01:03:20.300
In VIP, we're gonna do a live trademark application.

1050
01:03:21.280 --> 01:03:23.500
Step-by-step and your mics will be open.

1051
01:03:23.500 --> 01:03:26.300
So you can ask questions as I'm filing.

1052
01:03:26.300 --> 01:03:29.020
We're gonna come up with a trademark that we're gonna file.

1053
01:03:29.020 --> 01:03:31.740
We're gonna come up with a imaginary trademark,

1054
01:03:31.740 --> 01:03:36.020
imaginary goods and services and imaginary data first use,

1055
01:03:36.020 --> 01:03:38.780
or we can do an actual use,

1056
01:03:38.780 --> 01:03:42.220
an actual use or an intent to use, whatever you guys want.

1057
01:03:42.220 --> 01:03:45.260
I'm gonna let you guys take the wheel here

1058
01:03:45.260 --> 01:03:46.740
and I'm going to walk through

1059
01:03:46.740 --> 01:03:49.180
a full trademark application filing.

1060
01:03:49.180 --> 01:03:52.480
So you can see every single part that's necessary

1061
01:03:52.480 --> 01:03:54.540
so that you will be really well prepared

1062
01:03:54.540 --> 01:03:56.300
when you're working with your attorneys

1063
01:03:56.300 --> 01:03:59.940
because you know every single thing that is needed,

1064
01:03:59.940 --> 01:04:01.260
which should make it a lot,

1065
01:04:01.260 --> 01:04:03.980
again, it'll make it a lot streamlined.

1066
01:04:03.980 --> 01:04:05.860
It'll actually help your lawyers quite frankly.

1067
01:04:05.860 --> 01:04:07.420
It makes our jobs a lot easier.

1068
01:04:08.340 --> 01:04:12.060
And so that's what we're gonna do in 10 minutes.

1069
01:04:12.060 --> 01:04:15.780
So we'll start at 825.

1070
01:04:15.780 --> 01:04:17.740
We'll start VIP at 825, okay.

1071
01:04:19.900 --> 01:04:22.260
Does anybody have any administrative questions

1072
01:04:22.260 --> 01:04:26.340
before I jump off or offer questions?

1073
01:04:26.340 --> 01:04:29.660
If you have offer questions, you can ask that.

1074
01:04:29.660 --> 01:04:34.180
Otherwise, tomorrow we're jumping in deep into copyrights.

1075
01:04:34.180 --> 01:04:36.100
Tomorrow's gonna be a lot of fun

1076
01:04:36.100 --> 01:04:40.680
because it's a lot of really practical real life situations.

1077
01:04:40.680 --> 01:04:43.040
We're gonna cover a little bit of AI too.

1078
01:04:44.140 --> 01:04:46.900
For all you AI buffs,

1079
01:04:46.900 --> 01:04:51.820
that law for AI masterclass, that's so unique.

1080
01:04:51.820 --> 01:04:53.660
Like that's where you wanna,

1081
01:04:53.660 --> 01:04:55.260
if all you wanna do is focus on AI,

1082
01:04:55.260 --> 01:04:57.140
that thing is amazing.

1083
01:04:57.980 --> 01:04:59.640
That was a lot of fun.

1084
01:05:00.000 --> 01:05:02.440
What we're doing here is we are helping businesses

1085
01:05:02.440 --> 01:05:03.840
to become successful.

1086
01:05:03.840 --> 01:05:07.640
We're hitting every aspect of ownership of your creations

1087
01:05:07.640 --> 01:05:09.240
here in one environment,

1088
01:05:09.240 --> 01:05:11.240
and making sure you don't get sued in the same process.

1089
01:05:11.240 --> 01:05:13.880
So thank you so much, Daphne.

1090
01:05:13.880 --> 01:05:15.080
That's so nice.

1091
01:05:15.080 --> 01:05:16.560
That's awesome.

1092
01:05:16.560 --> 01:05:17.960
Thank you, everybody, for your comments.

1093
01:05:17.960 --> 01:05:18.960
That's wonderful.

1094
01:05:18.960 --> 01:05:20.400
All right, so yes, homework.

1095
01:05:20.400 --> 01:05:22.000
All right, so here's your homework.

1096
01:05:23.080 --> 01:05:25.880
I'd like everybody to go live in the Facebook group.

1097
01:05:25.880 --> 01:05:27.920
If you don't know how to do a live,

1098
01:05:27.960 --> 01:05:29.680
Rae, do you have that thing

1099
01:05:29.680 --> 01:05:32.000
where we told people how to do a live?

1100
01:05:32.000 --> 01:05:33.800
Do you remember that thing that you created?

1101
01:05:33.800 --> 01:05:35.240
I remember what you're talking about.

1102
01:05:35.240 --> 01:05:38.520
I just don't remember if we ever made one.

1103
01:05:38.520 --> 01:05:40.320
We talked about it, but...

1104
01:05:40.320 --> 01:05:42.280
Okay, well, if you don't know how to do it,

1105
01:05:42.280 --> 01:05:44.520
we can actually show you how to do it, but...

1106
01:05:44.520 --> 01:05:47.200
Just shoot me a DM and we'll get you the info.

1107
01:05:47.200 --> 01:05:49.720
Yeah, so I'd just like you to go live,

1108
01:05:49.720 --> 01:05:51.400
and just one thing that you've learned

1109
01:05:51.400 --> 01:05:54.200
in the last two days that's been helpful.

1110
01:05:54.200 --> 01:05:57.560
The reason why I found this to be extremely helpful

1111
01:05:58.200 --> 01:06:00.360
is that other people are gonna watch those videos,

1112
01:06:00.360 --> 01:06:03.480
and you're gonna start training each other.

1113
01:06:03.480 --> 01:06:06.560
What I'm trying to do here is not just

1114
01:06:06.560 --> 01:06:08.160
train you so that you're successful.

1115
01:06:08.160 --> 01:06:10.360
I'm trying to increase your value.

1116
01:06:10.360 --> 01:06:13.600
I'm trying to make sure that when you are,

1117
01:06:13.600 --> 01:06:15.760
when you're training other people, you have this knowledge,

1118
01:06:15.760 --> 01:06:19.240
and you're going to identify issues with your own clients.

1119
01:06:20.320 --> 01:06:23.840
And it's gonna be kind of, it'll be extraordinary,

1120
01:06:23.840 --> 01:06:25.040
but it's gonna kind of be weird.

1121
01:06:25.040 --> 01:06:26.400
All of a sudden, somebody says,

1122
01:06:26.400 --> 01:06:28.040
I'm going to a trade show,

1123
01:06:28.040 --> 01:06:29.320
and I'm gonna show off my new product,

1124
01:06:29.320 --> 01:06:31.760
and you're gonna go, oh man,

1125
01:06:31.760 --> 01:06:33.000
didn't you say you were interested

1126
01:06:33.000 --> 01:06:34.440
in legal rights in Germany?

1127
01:06:34.440 --> 01:06:36.920
Well, actually, if you disclose your invention

1128
01:06:36.920 --> 01:06:39.360
at your trade show, that's considered a public disclosure,

1129
01:06:39.360 --> 01:06:41.920
and you lose all rights in every foreign country.

1130
01:06:41.920 --> 01:06:43.880
So I'd make sure you file something first.

1131
01:06:43.880 --> 01:06:45.360
What the heck did I just say?

1132
01:06:45.360 --> 01:06:48.000
Like, literally, you're gonna be in that kind of situation.

1133
01:06:48.000 --> 01:06:50.680
Okay, so you're gonna bring more value

1134
01:06:50.680 --> 01:06:51.720
to the people around you.

1135
01:06:51.720 --> 01:06:53.560
And so when you go live,

1136
01:06:53.560 --> 01:06:55.840
and you say at least one thing that you learned,

1137
01:06:55.840 --> 01:06:57.200
other people are gonna learn from you,

1138
01:06:57.200 --> 01:07:00.080
and you're gonna build a strong network to help each other.

1139
01:07:00.080 --> 01:07:01.640
And that's what this is really about.

1140
01:07:01.640 --> 01:07:03.440
We're all here to help each other out.

1141
01:07:03.440 --> 01:07:04.720
That's why I built this.

1142
01:07:04.720 --> 01:07:06.360
This is my outreach program.

1143
01:07:07.240 --> 01:07:08.120
I love doing it.

1144
01:07:08.120 --> 01:07:09.640
I wanna try to help you guys out.

1145
01:07:09.640 --> 01:07:14.040
Okay, with that, I am going to jump off.

1146
01:07:14.040 --> 01:07:15.880
So I'll leave you ladies here.

1147
01:07:15.880 --> 01:07:17.680
Ray, take care of Sharon.

1148
01:07:17.680 --> 01:07:18.720
Bye, Abigail.

1149
01:07:19.560 --> 01:07:24.560
I will catch all of you in VIP in nine minutes,

1150
01:07:25.760 --> 01:07:28.480
and I'll leave Larissa and Ray with all of you.

1151
01:07:28.480 --> 01:07:30.000
So bless you guys.

1152
01:07:30.000 --> 01:07:31.000
I hope this was helpful,

1153
01:07:31.000 --> 01:07:33.240
and I'll catch you tomorrow for Copyright Day.