Yeah. So shameless plug for Peter. I actually met him last week at an event and he's brilliant.
As soon as I heard him start speaking about what he's doing, I said, I want to work with
that guy. So yeah. Anyway, awesome to Kenya. I appreciate that. Thank you. I came in at
the right time. I was like, wow, I'm definitely staying now. That's great. Yeah. I literally
just came out of the courtroom. So I said, I don't have time to change. I'm just going
to jump in right away. So you look great. Thank you for that kind comment. It was great
seeing you this past weekend, too. What a great event. That was phenomenal. So yeah.
So well, welcome everybody to day two, where we're going to be getting deeper into trademarks.
I'll probably touch a little bit into copyrights. I know what Larissa, I usually ask Larissa
to do at this point is to ask for any kind of takeaways. And I know she did that because
she is awesome at what she does. And so thank you, Larissa. And that actually helps when
you when you share what you've learned. Other people will be able to see what you've learned
and it'll spark something in them to actually learn as well. So I try to make sure that
people share when they get a certain revelation or they're using something. I try to make
sure that they share because it tends to help a lot of people that way. All right. So a
few things that I want to cover. Ray, did you talk about the video already? No, sir.
Would you mind just giving them the update on that? Just for sure. So any one of our
members who is a law for or the A.I. protection plan, we have the A.I. essentials and the
A.I. success blueprint. We emailed out all of your login credentials because everyone
gets individual credentials for their own accounts. So you do have replay access now.
And it's going to have if you have A.I. essentials, you get 45 days of access from today. So don't
worry about, you know, the time that it took us to prepare and edit the video. You get
your 45 days starting now. And if you have one year, same thing. You're going to get
a full year of access. So check your emails. There's also an easy login link for the challenge,
which I hope you found. And that's why you're here. Yeah. Thank you for that, Ray. So as
of right now, all the videos have been edited, all set up. So now you can have access to
that. But like Ray mentioned, we put this on a private server, our own server that we
pay for to keep our own content separate because we take I.P. very seriously, as you can
imagine, in my doing I.P. for like twenty five years. So one thing I want to give to a
number of people who do not have this yet, you're going to get a link for this.
I'm going to give you let me share my screen real fast so you can see it.
This document. This document right here is it's basically like a cheat sheet when it
comes to intellectual property law. Every category of I.P. is listed here. And so depending
on what you've created, it should fall into this spectrum somewhere. So if you've created
like a logo, you just look up the word logo. You look straight up up. Logos are protectable
by trademarks. Right now, logos are also illustrations. So if you look at illustrations,
you look up, you see that they're copyrights. So whatever you've created should likely fall
onto this chart somewhere. And you can just look to see what areas of law actually pertain
to obtaining rights to what you've created. And so I created this in twenty twenty one.
A lot of people, this really just helps them a lot to drive home. You know, if they're trying
to figure out, well, is that copyrightable? Is it trademarkable? Is it patentable? Keep
it a trade secret. It's right here. It's all there. So you should be able to find whatever
you're creating as an example of using mid journey to create images right now. You may
look and one of the things we're going to talk about today is actually mid journey.
And tomorrow we're going to spend a lot of time on understanding what you can and can't own using
A.I. We'll touch base on that on the copyright side. But if you look at, let's say, as an example,
logos, you see logos fall on the trademarks over here. Right. Right there. But the issue is that
anything you create using artificial intelligence, the Copyright Office and the United States
Patent and Trademark Office have come out and said that you can't own it yet. Like yet. Right.
I think that's going to change within the next six months. You'll start seeing some of these
prompts that are being utilized result in something that's protectable.
Now it's not protectable.
So you'll see the logo here, but this
is assuming that you created the logo
or a human being created the logo, not
artificial intelligence.
So same thing with paintings, or same thing with illustrations,
same thing with photographs.
Photographs are assuming you took the pictures.
The person who takes the photograph
has the legal rights under copyright law.
But the person who creates the logo
has the legal rights under trademarks if,
let me reword that so I don't confuse anybody.
The original designer of the logo, the artwork,
actually that artistic rendition is
protectable under copyright law.
If you take that illustration and you use it as a trademark,
meaning as an identification as a source of goods,
as an example, Nike swoosh or the Golden Arches,
and you start using it on your products or your services,
it now becomes a trademark.
So do you see how copyrights and trademarks can be confusing?
Sometimes people look at them and they say,
I don't understand.
Is this protectable under trademark
or is it protectable under copyright?
Sometimes the answer is yes, it's protectable under both.
So you have to see how are you using it.
In the creation process, that's where
copyrights tend to come in, which we're
going to talk about tomorrow.
In the use process, that's typically
where trademarks come out.
So somebody creates right here, there's a symbol right there.
That's from Ascend Academy, which is a place that I went to.
And so you look at that and you look at that artistic work,
whoever created that artistic work has the copyright for it.
But now the people at Ascend Academy
decided to use that for a specific reason
and they're using it as an identification
of a source of services.
So it now becomes a trademark for them,
even though the copyright is owned by the original artist.
Why did I just tell you all that?
I told you all that because you've
got to make sure if you're hiring somebody
to create a logo for you, you've got
to make sure that they assign all right title and interest
to the artistic work over to you.
Otherwise, what you're going to result in
is getting a logo that you start using
and then at the end of the year, they're
going to ask you for more money.
That's what GoDaddy does.
That's what a number of other domain name
rendering companies do, or website companies do,
or funnel companies do.
They'll create an image for you, but then they'll
license it to you.
Why?
Because they can make more money that way.
They'll charge you an upfront fee
and then they'll continue to charge you month or year
after year after year to have a non-exclusive license
to use the image that you thought you paid for.
So you've got to remember this because this is something
that people get a surprise at the end of the year
and they see, whoa, I got a renewal
notice for something that I thought I owned.
No, you don't own it.
You've got to remember the original artistic work
is owned by the creator.
If you're using the logo, you then
can use it as an identification of a source of goods,
like the Nike swoosh for sneakers
or the golden arches for hamburgers.
But somebody created those golden arches
and if that was an artistic work,
then they have the copyright.
So if you're not sure about that,
make sure you talk to your lawyer
because the alternative is I just
see people having to spend a lot of money on things
that they didn't know about.
So you build your company, you start running your company,
and then all of a sudden you start getting bills
at the end of the year, licensing fees.
Like imagine that you hire a software company
to create an app for you.
You pay $85,000 for the app.
You start using the app.
You're really happy.
You're getting people signing up.
This is great.
Like life is good.
Then all of a sudden at the end of the year, you get a bill.
And the bill's for $10,000.
And you go, well, hold it.
Why am I getting a bill for $10,000?
I just paid $85,000 for the app.
And the response is no, you have a graphical user interface
that interacts with the software, but we own the code.
You don't own the code.
Why can they do that?
Because copyright belongs to the party
who creates the code.
See, this is so vital.
If you want to become a very successful business person,
you need to understand these nuances.
If you don't get this,
these are the little things that result
in small entities getting crushed.
Like year after year, they're paying licensing fees
and additional fees that they never even expected.
Now they've got a,
but use the resources that they would have used
for employees or for marketing,
they've got to use it to renew licenses
when they thought they owned something.
So read the fine print.
If you hire somebody to create a software app for you,
make sure you tell them,
I want you to assign all right, title and interest
for the copyright, for any trademarks,
for any patents to me.
Like it's mine, it's not yours.
I purchased it from you.
I own everything that has anything to do with it.
And if they say no, you know exactly why.
Cause I just walked you through the plan
that they had to charge you extra money the next year.
And you just saved yourself five to $10,000
just by being in this training.
So just make sure that you understand these things
really important when you're dealing with software
to understand it.
And we'll cover that more tomorrow.
So a few things I want to cover today,
I'm going to show you guys how to do
a basic trademark search at a top level.
We went through it in VIP yesterday, it really deep.
I'm going to show you what a trademark application is
so you understand all the parts.
So nobody gets confused as to what exactly
is a trademark application?
What's an identification of a source of goods
or what is an international class?
I'm going to let you guys know all these things
cause you need to know these things
to file a trademark application.
If you don't know what the international class is,
your attorney will look it up for you,
but it would be really good for you
and keep your costs low
if you actually get everything together
and say, hey, I want a trademark application.
And what I'm using it for is online education.
Let's say for something like,
let's see something that's simple.
How about online education for cooking using sauces?
Like something very simple, right?
So online education falls under international class 41.
So wouldn't it be great if when you hired your attorney,
you said, I want to file a trademark application
in international class 41.
This is the trademark.
It's going to be a word mark.
I haven't used it yet.
So I want it to be a section 1B,
which is an intent to use application.
Since we haven't used it, you don't need a specimen.
So you don't have to spend time on the specimen.
So please file that application for me.
Here's my corporate name.
Here's the state of incorporation.
Here's my phone number.
Here's the address.
Go ahead and file it.
You just saved yourself like 400 bucks
just by giving them that kind of request
versus, hey, I've got a cooking,
an online cooking program.
I want to file a trademark application for hot flash.
You know, I don't know, something like that.
Probably shouldn't have used that.
That wasn't a good idea.
Hot flash.
Yeah, that was a bad, that was a bad idea.
Larissa is cracking up right now.
She's like, should not have gone there, Peter.
Should not have gone there, you know?
So I'm going to leave that one alone.
I'm going to move on, move on, move on.
So the fact that it matters,
the more information that you can give
to your attorney, the less money you spend.
And that's what I want to try to do
is to make sure that you're doing this.
So with that being said,
I'm going to cover a few things today.
I'm going to cover what the international classes are.
I'll do a quick trademark search for you.
I'll show you the different parts
of a trademark application quickly.
If you're not a VIP and you want to learn
all the parts in detail
and how to file an online trademark application,
like what the attorneys actually do
so as to make you better equipped to work with them,
we're doing that in VIP tonight.
And we're going to do it step-by-step
and allow people to ask questions
so they figure out how do you get
the international class highlighted.
It's actually pretty cool how the USPTO website does it.
So I'm going to walk through an actual filing.
We're going to create a word
and we'll go through the whole thing together.
So that's later.
All right, with that, you guys ready?
Ready?
All right, cool.
All right, here we go.
We're going to start digging in.
The first thing I want to do
is cover something that's very practical.
Did you say something, Larissa?
Yeah, would you mind just taking a moment
and making me the host
and then I'll make you and Ray co-host?
Oh, yes, absolutely.
Thank you so much.
And while you do that,
just to do an admin jump in here.
We haven't turned on the recording yet?
No, no, it's recording.
It did.
No, it's just, it's asking me if I want to record.
Well, it is recording.
Oh, it told me it was recording.
Oh, yeah, it says it's recording.
All right, I just wanted to triple check to make sure
because I don't want anybody to lose out on the videos.
Ray, what's your question?
Go ahead.
We dropped the IP roadmap in the chat.
I'll also put that in the Facebook group.
Would you also like the international class?
link dropped here for everyone. Yes, please give that to them. Yeah, so the links that Ray's
dropping for you are ones that I found that I think are going to be very beneficial for you.
And so, like the IP classification roadmap, that's helpful. The international classes,
she's going to drop the link for you right here. I'll actually open that with you so everybody can
figure out how that works. So, we'll go there in a minute. All right. So, the first thing I want to
do is something really, really practical. How many people here have a trademark, just by a show of
hands? Just so I know. Okay, not too many. All right. All right. Now, how many people here have
a domain name by a show of hands? Do you see the difference? That's practically everybody.
Okay. How many people actually did a trademark search before you looked up the domain name
by a show of hands? Yeah. You see the difference? So, I see people laughing right now. There's a lot
of people laughing. All right. So, why did I say that? What I want you to do as an exercise for
yourself, for your own benefit, for your own company's benefit, especially if you're investing
a lot of money in a domain name. I was at a mastermind, had a friend of mine come over to me
and he said, Peter, in the middle of the mastermind, he comes up in front of me,
like Pedro Odeo's talking, he gets right in front of me and he says, this is Bruce. Bruce comes to
me and he says, Kingdom.law is available right now. If you don't buy it, I'm buying it.
I was like, Bruce, what are you talking about? He says, it's available now, like right now.
And so, I went on my phone and I literally bought it, but it was like $2,100. It wasn't cheap,
so I bought it, but I owned it for like 10 years. So, I grabbed it for an elongated period of time.
Now, don't you think it'd be beneficial to do a trademark search to see if somebody owns that
name before I go spending a lot of money on the domain name? See, this is why trademark searching
is very important for you. But I'm going to tell you the sequence that you should be using
in obtaining your domain names and obtaining your trademarks, assuming that you're going to
use the same name for both. So, let's say your company is, let's say, I don't know, Abigail.
Let's say Abigail is the name of the company, right? And so, you go looking for, you're thinking
to yourself, well, let me look up Abigail as a domain name. You look it up, you leave, you then
go to USPTO website, you look up Abigail, you see it's available. Great. You go back to purchase
the domain name and the cost is $500 more than when it was like literally 10 minutes ago.
And you say, what just happened? I mean, this is not the best name in the world.
Peter just came up with it like in a moment, so it can't be that great. But I mean, it's just
randomly created. So, what happened? A lot of these domain name servers, the way they work,
a lot of these engines is that they look to see interest. And if there's interest,
they increase the cost, right? So, this is what I want you to do instead from now on.
If you've got a domain name that you're going to use for your company, for a product, a service,
or your company in general, I want you to do a trademark search first. Like, just look first.
Why? Because it's free, number one. Number two, you're going to learn how to do it. Number three,
you don't want to do the domain name search, leave and come back because the cost might go up.
Okay? So, what you do is you do the trademark search first. After you do the trademark search
and you see it's available, now you go looking at the domain name. When you see the domain name's
available, you buy it. Don't wait. Don't leave, come back tomorrow, buy it immediately. Now,
you can use Namecheap and get domains for $8.95. That's what I personally use to buy all my domain
names is Namecheap, right? And so, $8.95, boom, I'm done. I now own the domain name. Now, I go
back to the USPTO website. And if I'm not using the trademark yet, what do I file? For the first
prize that we're going to be doing here, somebody type in the chat, what do I file?
1B, Daphne nailed it. That's it. So, Daphne gets the first $100 Amazon gift card. So,
right there, Daphne's like, what? I didn't even know there was one. Yep, there is one.
So, there's other stuff too I got for you guys. So, you're welcome. You're welcome, Daphne. So,
if you guys can write that down, Ray, just so I don't forget. Thank you so much. I love my team.
They're awesome. All right. So, what I do now is I haven't used it yet. So, I file a section 1B.
You know, Daphne, that was really brilliant the way you did that, because I would have typed...
I typed in intent to use, which would have taken way longer than typing 1B.
Like she was just like, bam, that was good, that was clever.
So now I file an intent to use application, so now I own the domain name and I own the
actual trademark.
You see how that works?
And I saved a lot of money because the domain name, people can't increase the cost and rip
me off.
Now, why did I not file the trademark first and then decide to come back for the domain
name?
Multiple reasons.
Number one, there are people that watch new trademark application filing like a hawk.
And the second that one is filed, they buy the domain name.
Then on the trademark application, they see the email address.
And what they do is they email the person and say, I see that you recently filed a trademark
application here.
I actually own the domain name associated with that.
Would you be interested in buying this for $595 or for $995?
And they make a business out of this.
This is why I want to make sure that if you're going to file a trademark, file a trademark
first.
So that domain, meaning you do the trademark search, look at the domain name, it's available.
You buy the domain name, you go back, you file the trademark.
Don't forget to file the trademark and don't file the trademark and then not buy the domain
name.
Because if you do either one of those things incorrectly, it's going to cost you a lot
of money.
So just be careful.
I don't want anybody running into this problem.
I have clients who have gotten emails from people out of Indonesia, China, Malaysia,
the Philippines saying they want $2,400 for a domain name that's the same as the trademark
that they're using as a company.
So nobody here should run into that.
So that's covered.
You now understand the sequence.
So for one last time, USPTO site, do a trademark search.
Then if it's available, go down to the domain name site, do a search, it's available, buy
it.
$8.95.
You're done.
Go back, file section 1B.
That's going to save you the most money and it'll be really streamlined.
All right.
Now let me open up something here for you.
I'm going to show all of you what a trademark looks like because it may be the case that
some people have not seen this and I'm going to explain the parts of it.
And then we're going to do a trademark search real quick.
And I'm going to share some other things for you.
So let me do this real fast.
Share my screen.
Okay.
There we go.
Boom.
All right.
Wait till it opens.
And there it is.
All right.
So this is the United States Patent Trademark Office website, USPTO.gov.
You would click on trademarks, searching, and go down to click on this button or this
button, either one when you're in there.
Now, like I said, in VIP, we went into just a lot of detail.
I'm not going to be doing that in a lot of detail here.
I just wanted you to see something real quick.
If you click on the word search, the second option, I would always search the second option.
This first one, I wouldn't bother with.
Always search the second option.
You type in your first word.
Let's say the word is, I don't know, let's type in, oh, we'll do Nike.
I did that yesterday.
So it's an easy one.
And I'm going to choose and, and I type in an international class, 41, which actually
has to do with education.
And Nike is the word mark.
And I do a search.
When I do a search, there's 12 records that are associated with education and the word
Nike.
So if I look at Nike in the sky, all right, here's a, let me do one more.
That's education and photography.
Let's see, entertainment services.
This one's a good one.
All right.
So this is a trademark Nike.
It's actually a logo.
It has the word mark in it and it has the design part in it.
They call the entire thing a logo.
Okay.
So the design part is the swoosh.
The name part is on top of it, but the entire thing is the design.
Therefore they call it a logo.
So the different parts of the trademark are the word mark itself.
So it's, it's, it's the word Nike.
So you'll see Nike there, but then there's this thing here.
This is called the international class.
Every trademark has an international class depending on the good or service that's provided.
So as an example, what's an international class, international classes are numbers.
that are assigned to certain categories of goods or services. In this case, class nine
is typically associated with like electronics. So when you look here, you'll see in their
description of goods that they're using the Nike logo for, they say downloadable virtual goods,
namely computer programs featuring blah, blah, blah, blah, blah, right? So you see how it has
computer programs. Computer programs are in class nine. Anytime you file a trademark application,
it's going to be in a class, okay? So I filed for Nike. If I'm filing for sneakers,
then that's not class nine. Sneakers are in a different class. Education tends to be in class
41. Ray dropped the list of all the international classes, and I'm going to go over those with you
in a moment. But I just want you to see when you get a trademark application filed, what are the
parts? So you have an international class, you have the mark itself, you have the description
of the goods or services, right? So let's say that Tanya is using the name Schwinn, let's say for
bikes, right? And so she has a new bike shop. So then this would say Schwinn. It would be the
international class for bikes, and the description would be bicycles or it would be an apparatus for
riding, including at least two wheels, blah, blah, blah. But it would be basically a description of
a bicycle, okay? That would be what's in the goods or services there. That's all it is. It's really
simple. It looks really complicated, but it's not. I don't want you guys freaking out when you look at
this thing. It is not that tough. You'll see right next to it, good and services, and those are the
descriptions of the goods and services. That's all it is. The international class, I'm going to show you
how you find the international class. Very simple. And then it's just the word that's associated with
it. Now down here, you'll see the 1B. You see that 1B right there? That means that when they
filed it, it was an intent to use trademark application. That's all it means. Intent to use.
It shows you it's a 1B, okay? Then here's the filing date. Whenever you file an application,
there's a filing date associated with it. Very straightforward. After you file your application,
they automatically assign a serial number. You have nothing to do with this. But if somebody is
using the same trademark that you're using, and so you want to stop them from using that,
first of all, I would actually talk to an attorney and make sure you do this before you send any
notice letters to anybody. But your attorney will use your serial number and say, hey,
my client has a trademark application for blah, blah, blah. Here's the serial number. So it shows
them that this is for real. This isn't you just saying stop. I've got a federal application that's
filed on that trademark, okay? The attorney of record is just whoever the attorney is that's
filed it. The owner is simply that, the owner and their address, and then the state of
incorporation. Really straightforward stuff, okay? Nothing mysterious here. And since it says live,
it just means it's not dead. That's really deep, right? I know. No, that's all it is. It just means
it's not dead. It means it's not expired. It means it's currently pending or issued. That's all.
That's all that you have to deal with with trademarks. Not incredibly difficult. A lot
of the work is done on the back end. After you file a trademark application, let me tell you
the sequence. You file your application. You get a serial number immediately. Now you wait. And as
you're waiting, you're waiting for the examiner or the United States Patent and Trademark Office
to assign your application to an examiner. Once it's assigned to an examiner, they're going to
review it, and they're going to do an investigation to see whether or not you should get a trademark.
In that investigation, they're going to do what I'm going to show you in about 10 minutes,
which is a likelihood of confusion analysis. They're going to look at your trademark application,
they're going to look at all the other ones, and they're going to see, is there anyone out
there that's similar? That's it. I mean, I can use really complicated legal terminology day and night.
It's not necessary. All that you're doing is looking at your application, looking for something
similar, so that when somebody looks at it, they may think that your product or your service is
associated with that other company because of a similar trademark. That's all it is.
Now, if I want to make it complicated, I could say what they're actually doing is a legal analysis
using a likelihood of confusion analysis, looking at 9 to 12 different legal factors to determine
whether or not you're actually infringing on a trademark.
But that's not necessary.
You're just looking for stuff that looks similar.
That's all it is.
Very simple, okay?
All right, let me show you
what the international classes are.
And I think this is gonna drive it home
because we just kind of talked
about a lot of theoretical stuff.
So I'm gonna pull up the international classes.
I'm gonna share my screen.
And Ray already dropped this link for all of you.
Thank you, Ray.
So here it is again.
This is the link here, okay?
There's a trademark manual of examination and procedure.
If you just scroll down a little bit, look what you get.
Class one, right there.
And it tells you chemicals.
Class two, paints.
Class three, cosmetics.
So if you come up with a new lipstick or stuff like that.
There you go, class three.
Class four, lubricants and fuels.
So all you do is you look down this list
to see what is your technology or your creation
or your software or whatever it is,
where does it fall in here?
And if you wanna do something really like kind of
to make it quicker, you can just go onto the page
and do a search on the page for a specific word
which will make it a lot faster for you.
But I'll show you a few of the ones that are really popular.
Anything to do with electronics is class nine.
Anything to do with electronics, including software.
It's in there as well.
Let's see, other ones that are really, really,
really popular are,
let's see, jewelry is one that's pretty popular.
That's class 14.
Not too many people do musical instruments.
Photographic works fall into class 16.
If you're looking for, let me show you one
that I think a lot of people might be interested in here.
Nope, nope, nope.
No, here we go, clothing.
Clothing's a very popular one.
If you're doing T-shirts, if you're doing
anything that's a clothing, like jackets,
they fall into the same category.
If you're doing shoes, falls into the same category.
Sandals, all same category.
Another one that's extremely popular is class 41 and 36.
Those are two others that are very popular.
36 is financial work.
So if anybody's doing anything for, let's say,
a bank or financial planner
or anything to do with investments, that's class 36.
And then class 41 is really big.
If you're training people, anything to do with education,
you're doing online course, class 41.
You're doing, oh, okay, this is my first time.
This is not legal advice, just to be clear.
I'm like just sharing freely with all you guys.
And I have to remember, I qualify all this stuff.
I don't want people filing their own trademark applications
for the wrong class and then thinking,
oh, but Peter said this.
Like I said, check with your attorneys
before you do anything.
But if you're doing online courses, that's class 41.
So that's where anything that's education
falls into class 41.
So you can use that link to figure out
what international class is associated
with your trademark, okay?
Very straightforward.
It's not that difficult, all right?
That's why, like when I do a trademark application,
I know law firms will charge like $2,000,
which I think is high.
I charge like 1200 bucks.
Like, you know, I mean, it's not that difficult.
My paralegal can put a lot of this stuff together
for my review.
I review it, make sure things are accurate,
like specimens, recitation of goods and services,
international class.
I review it all, make sure everything's lined up.
Then we file it.
The USPTO fee for filing is I think $250.
That's their fee.
So you're adding $250 to your normal fee.
And so, you know, I charge a flat 1200 bucks
because it's just not a lot of work.
Like patent applications are a lot of work.
Trademarks are not that difficult.
So you should not, if any of you are paying 2,500 bucks
for a trademark application, no.
That's all I'm gonna say, no.
You gotta learn how to say no.
You know how when you were a kid, you said no?
Start using no again, all right?
No, and then walk out the door.
That's crazy, that's crazy.
That's a rip off.
All right, so with that being said,
as of now, you know a little bit
about the international classes.
You know how to look them up.
Like I said, in VIP, we're going to do a live filing of a trademark application so you see
every single part piece by piece, what buttons to push, all that other stuff, just so you know.
And again, I don't encourage you to file your own applications. I would run it by a lawyer if you
never done it before, but it's going to decrease your costs exponentially just by the mere fact
that you got everything together instead of going to them blind. All right, now with that being said,
I want to go over something here that is
detailed, very, very detailed. So let me, I'm going to go over the factors that are used to
determine whether or not there's trademark infringement. Why am I doing this? The reason
why I'm doing this is because quite frankly, I don't want any of you getting sued. I mean,
I just don't. I don't want anybody running into a situation where they have to call me up and go,
oh my gosh, Peter, I just got sued. What do I do? Blah, blah, blah. I don't want you
dealing with that. So with that being the case, Ray, can you drop the link so everybody can
look at the likelihood of confusion factors? Otherwise I can drop it either way.
All right, great. I want everybody to have this at their fingertips. This list is something that
I created that is going to make your life a lot easier. So I'm going to go through these factors
with you one by one here live so you understand what they are. But before I do that, I want to
make sure you understand what I'm actually doing. Okay, so I'm going to make my screen a lot bigger
and I can see everybody's faces. I know who's involved here. Great. Okay, cool. So
what exactly am I going to be showing you? This is the analysis that's used to determine whether
or not you're committing trademark infringement. If you're committing trademark infringement,
you can be sued. You can have to pay damages to another person, another party. You could,
it's rare, it's not often that this happens, but you could be liable for something like attorney's
fees. As a litigator, I can tell you it's not easy to get attorney's fees. TV makes it sound
really easy. Like, oh yeah, just sue the other party and I want attorney's fees. And the judge
is like, yeah, sure, why not? Let's go and just take them. Why not? No, it's hard to get attorney's
fees. It's very difficult. Usually there's got to be some kind of malicious intent that's involved
or somebody knows there's infringement and they keep doing it anyway. And there's like a secret
email between them and like the CEO saying, yeah, I know we're committing trademark infringement,
but nobody's ever going to find out. Please don't. All right. Actually, let me take a moment here.
This is a commercial. This is a commercial break. Okay. Here's my commercial. If you believe there's
a legal issue within your company, do not email any of your employees, period. About that legal
issue, period. Why am I saying that? It's all discoverable. All discoverable. What does
discoverable mean? What it means is that opposing counsel is going to request documents, right?
They're called requests for production and all your emails are going to have to be surrendered.
And when they're surrendered, there's an email from Gloria over to Dr. Nadine saying, Dr. Nadine,
you know, this product, I'm pretty sure we saw this at a trade show, but why don't we steal this?
Like, why don't we steal this thing and make millions of dollars? You know, instead of
billions, we're going to make millions and millions, right? And there's an email that
says that. And then all of a sudden somebody says in the company, oh, I think that infringes.
And then Nadine, you know, or Gloria sends the email and saying, yeah, it's infringement,
but nobody's going to find out. That one email, it's over. So please, if anybody sends you a
cease and desist letter, if anybody sends you a, like a request to stop selling something,
or just threatens litigation, do not email your colleagues. If you need to talk to somebody,
you know, talk face to face. But the best thing to do in those situations,
they get an attorney involved immediately because then it falls into, most of the time,
it falls into what's called attorney-client privilege, which makes it very difficult for
opposing counseling to get access to. Some of this talk is kind of going over some people's heads.
That's fine. All I want you to understand is if there's a threat of litigation, don't you email
anybody about that issue. Like, just stop. Just stop. Because that's where I see people getting
a lot of trouble.
Because they're they're it's just they're just venting and next thing, you know
That email is being used to destroy a company. So just be careful. Okay. All right. Does this count as legal advice to Kenya?
This is not legal advice you got it is that
This is not legal advice not do you see how low this water is right now, okay
I'm just saying not legal advice. All right with that being the case. That was great to Kenya. I love it
all right, so
With that being the case
I'm gonna show you the factors that you use in an analysis to determine whether or not there's trademark infringement
All right, I'm gonna show you them one by one by one
so let me
Grab it right now. Let me shrink everybody down so I could see everyone and the screen and here we go. All right
Everybody has a copy of this
Okay
While I put this together if you want to share this with others share with others
You notice I didn't put my copyright symbol on it. Okay, there's no copyright notice on it
Okay, so if you want to share with others share with others if you're in a group and you're teaching other people
Feel free like share with others. That's fine. I'd rather you you share this level of knowledge. So people understand, okay
There are several factors they're typically 9 to 12, but what we did was we kind of
Incorporated a few of them together to break it down to 7
But really number one is three different factors like there's appearance sound and commercial impression
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
So do they look the same?
That's that's number one do they look the same appearance and so if I typed in the chat
I'm gonna type in the chat for everybody Nike and I KE and
I'm gonna say versus and I KY
That's the analysis that we're gonna do
Okay, Nike versus Nike. So do they look the same?
Well, three of the letters are similar
So there is some level of similarity so is it exactly the same no, but in appearance it's kind of close so
It's kind of a problem
Now does it sound the same? It sounds exactly the same
So that weighs heavily against you now commercial impression is how do people feel when they hear the word?
so if you say something like
Um, let's say darknet right darknet is the word versus
Ambient like it has a different
Impression darknet made me may make you feel like it's a dark environment and ambient makes you think of light
So it's like a commercial impression when you hear the word
Between the two different words. So you're looking at each of those things and saying
Does it look the same kind of it's very close
Does it sound the same sounds exactly the same and then commercial impression Nike and Nike kind of like the same impression
so so far
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
Which is relatedness of the goods of services
So let's say Nike and I KE is for sneakers, which we already know, but I want to create a shoe company, right?
So for this shoe company, I'm gonna create
Take off my shoe
So I have shoes like this. So here's here's a shoe. So there's a shoe that's gonna be sold and
so I
asked the question is there a similarity between sneakers and
Shoes yes or no. So type in a chat whether or not you think there's a similarity between sneakers and shoes
Bayless is yes. Abigail says yes Kenya says yes
Three people say yes, Maryland says yes. Daphne says no. Okay. All right. Allen says no
Valo says yes, okay, so
That's a question that the courts gonna decide so
Yes, Vicky is exactly right. They're both footwear. That's the analysis that the courts gonna do
One party the party who owns the trademark is gonna say they're both footwear
And so for that reason there may be a likelihood of confusion or there is a similarity in that respect
so but the next question that you ask is
whether or not if you look at factor number three you look and you say whether or not there is a
But the place where the things are sold are the places similar so the shoe that I just shows you
Are their shoes sold in the same place as the sneakers
that are sold by Nike?
If they're both sold in the same place,
there's a high level of,
or a high chance of there being confusion.
Because they're both sold in a similar place.
So people are gonna see Nike, Nike,
and they're gonna go, okay, sure, I'll take it.
And there's a, just the likelihood of confusion is higher.
So does it sound the same?
Does it look the same?
Do you get a similar feeling?
Are the goods or services the same?
And then where are they sold?
If where they're sold is similar, that's a problem.
That leads to a higher level of,
a higher chance of there being a likelihood of confusion,
which equates to trademark infringement.
The next thing that you look at is really interesting.
It's called degree of care.
So if my shoes cost $495,
versus sneakers that go for $10,
there's less of a likelihood of confusion
because the price difference
between the two different items is huge.
And when somebody buys a $495 pair of shoes,
they're gonna use a higher level of scrutiny
or they're gonna be more careful about what they're buying
versus buying a $10 pair of shoes.
They're just gonna go, I'll just grab whatever I want.
It's not that big of a deal.
It's 10 bucks versus $495.
So if the prices are kind of similar,
there's a higher chance
of there being a likelihood of confusion.
And if the prices tend to be on the lower side,
there's a higher chance
that there being a likelihood of confusion.
Factor number five,
all the factor number five really is saying is that
if there's a lot of other trademarks that have the same name,
like imagine there's like a hundred other trademarks
for Nike, N-I-K-E,
or a lot of different companies are using N-I-K-E.
And the Nike that we're looking at in the analysis
is not a federal registration.
It's just a lot of people use N-I-K-E.
Well, then there's a low likelihood of confusion
because everybody is using the same name.
So that's something that is analyzed as well.
If there's an agreement between the parties,
let's say like N-I-K-Y has a written agreement
from N-I-K-E, the company saying,
yes, you can use N-I-K-Y.
We don't believe there's an issue.
We're gonna give you a covenant not to sue,
meaning we're not gonna sue you.
If you have a written agreement that says
this is a covenant not to sue,
then for them to sue you,
that would be a contractual violation of a legal agreement.
So they're not gonna sue you
when they have a document saying they can't sue you.
If they did, you could just ask the judge
to get you out of court immediately.
And then the last factor is called actual confusion.
What actual confusion is,
is imagine that I'm running a company
and let's say Debra Anderson.
Debra Anderson's running a company
and Debra Anderson has this incredible trademark
and I decided to just use it.
And then Abigail Price sends an email to Debra Anderson
saying, hey, is that your product?
And the product that it's being referred to is my product,
not Debra's product.
That's proof of actual confusion.
Somebody in the public thought
that the product was being sold by Debra
when it was actually being sold by me.
That is actual proof of actual confusion.
That right there is like the trump card.
Like that is the ace in the hole.
If you have that, you bring that into court.
That increases your chances of winning
in a trademark infringement analysis.
So again, all of those factors
and all of you have that thing there that you can look at,
you can play with and look at a different factors.
But the main point of what I'm saying here
is that there is a balancing test that's done.
If more of these factors are weighing against you,
especially the big ones like actual confusion,
that's a big one.
There's real confusion in the market
that weighs heavily against you.
But then if it looks similar, it sounds similar,
those again weigh heavily against you.
So if a lot of these factors are weighing against you,
there's a very high chance that you will be sued
or that you will be liable for trademark infringement.
So now you know the parts
of a trademark infringement analysis
that are done by lawyers like myself,
courts, individuals before they file a lawsuit.
So why did I show you this?
When you go doing your trademark search now,
so let's say Jennifer,
Jennifer has a new trademark and she does a search
and she sees another trademark that looks similar.
similar. So she's about to use a certain name and she finds a trademark out there that comes
up in the search results. Now what I'm going to do is I'm going to look at that list there
and I'm going to say, does it look the same? Kind of. Does it sound the same? Kind of.
I'm going to look at the goods and services. Are they similar to mine? Yeah, they kind
of are. Well, those factors alone would weigh so heavily against using the trademark that
Jennifer would go, there's no way in the world I'm going to use that thing. Why would
I build a company? Honestly, why would I build a company behind a name, get a huge following,
get all these clients on board and then have to change absolutely everything when I get
a cease and desist letter? People spend tens to hundreds of thousands of dollars rebranding
and coming out with new names. Nobody here should ever run into that because all of you
now know how to do a quick trademark search. You know how to talk to your attorneys. You
know how to determine if there's a likelihood of confusion. So if you do a trademark search
and you see, oh my gosh, this trademark looks similar, but the goods are not even close.
Like you're starting to, you're going to build a floor shop and somebody owns that exact
same trademark for a hamburger stand. They're not even related. Now, just to be clear, I'm
not telling anybody here to open up McDonald's flower stand. I did not say that. I don't
want anybody getting sued. I did not say that. And this is not legal advice. There you go.
Okay. All right. Moving on. I have covered myself right there. There you go. So now you
know the parts in the analysis. So when you do your own trademark search, look at each
of those factors and you can make a top level determination of, all right, I've got five
trademarks, three of them. They're not so good. Let me talk to my lawyer about two and
you save a lot of time and money. Does that help? Did that process help you guys? Yeah.
Okay, cool. I'm glad. I'm glad to hear that because I've just, I've had a lot of people
come to me after the fact and either they didn't know what a trademark search was or
they didn't know how to do an analysis for trademark infringement. And so they're
rebranding. And just to be clear, I'm just going to, I want to give you this example
because I really want to drive this home. I had a woman call me up. She had a ministry,
like a ministry helping women, right? Helping single moms. She had a ministry. Okay. So
you would think, oh, well, she's doing good work. Isn't that wonderful? Nothing's going
to happen. She gets a cease and desist letter for her ministry in helping like single moms.
Okay. Try to find homes. She gets a cease and desist letter and the company says immediately
stop using that name, right? She reaches out to the other side. The other side who owned
the trademark was a ministry. So just to be clear, don't, don't think, well, I'm doing
a nice thing. Nobody's going to bother me. Like it was a ministry versus a ministry over
a name. Okay. And so she had to stop using it. Uh, and she did, and she was crying on
the phone and everything. And I told her, look, you can rebrand this way. And if you
ever get into this kind of situation, honestly, get counseling. Like, I don't mean mental
counseling. I mean like a lawyer, right? Get counseling. You may need mental counseling
if you go through litigation, but that that's a whole other story. This is not a challenge
for mental counseling. Okay. It's a different story. Uh, but the point of the fact is, um,
you've got to be careful even in how you reveal this stuff to your own clients. So let's say
that you do get a cease and desist letter, right? One of the ways that people will kind
of frame it is they'll say, instead of going out there and saying to all their people,
even though it is public record, they'll say, instead of saying, Hey, I just got sued. So
I got to come out with a new name. That's not really good for business, right? Well,
people will say instead is they'll say, you know what? We've had this brand for a while.
We've got a large following. We decided to come out with a brand new name for this because
this is so important. We are transforming the world with what we're doing right now.
So we created an entity just for this, or we created a new brand just for this. And
it's now called boom. And we're going to drive that line forward. And we're going to make,
we're going to help as many people as possible. You got to in marketing, sometimes you got
to twist what's happening here. So it doesn't look so bad. The fact of the matter is you
got a cease and desist letter and you did change that name. But at the end of the day,
you know, instead of saying, yeah, I got beaten up by the kid at the bus stop. You're like,
no, mommy. I just wanted to see you so badly. I came home early. You know, you just got to change.
It's the way you give the message, all right?
So that's a little marketing advice.
That's free, that's free.
Just give that to you.
All right, so with that being said,
I'm gonna show you another thing here
that I think is gonna help you guys out.
And then I think we will, I think we'll close.
Yeah, I think we'll close from here.
And then tomorrow we're gonna jump right into trademarks.
Let me show you something that is extremely valuable.
Rae, the link for the Wayback Machine?
Sure, one sec.
Can you drop that for me please?
Thank you.
Okay, this is a tool that is extremely valuable
if you're trying to figure out
what your competition's doing.
Meaning, let's say somebody has been using a name
for a long period of time and you're trying to determine
if they're still using that name anymore
or when they stopped using that name
to see if you've got a trademark issue.
Basically, I'm revealing to you one of the secrets
that I use in my practice, all right?
So this is really helpful.
So MIT created a database that has all the websites,
like websites year after year.
They're former versions of the website.
And so what we just dropped in the chat
is a link to this.
It's called the Wayback Machine.
So let me share this with you for a second
and tell you why this is such a valuable website.
This is the Wayback Machine.
The way it works is you just put in the domain name
for whatever it is that,
let's say you're trying to determine whether dominoes,
so dominoes.com.
You're trying to determine whether or not dominoes
is still using a certain name for, I don't know,
a pizza that they came out with.
And you wanna figure out if they haven't used it,
when did they stop using it?
You could type in dominoes.com.
Now look at this.
These are all the different versions of their website
going all the way back to like 1996.
So if I know, okay, that trademark was used in 2022, yep.
Or no, let's say I know it was used in 2015, 16, 17, 18, 19.
I think they stopped using it in 19.
I might go into 2020 and look up the other party's website.
And so I just go over here, let's say to February 13th,
and I go to one of these here and I click on it.
And when I click on it, it loads up and now it pops up.
Let me give it a second.
And then it pops up.
This is when we need the background music from Jeopardy.
So you see over here, it says Domino's homepage.
Taking a little while to load though, I wonder why.
Come on now.
Well, it's taking a while to load.
But in any case, what you can do is you can actually
look at the former website and see when they actually
stopped using that trademark, which is very helpful.
I mean, it's just extremely helpful.
I've used it multiple times and found out
that another party really wasn't using
the trademark anymore.
And then I found looking at the website,
see, yep, it died.
Nobody's been using it for years and years.
And then the client is more comfortable
using a specific trademark.
By using this, but I don't know why it's not popping up.
It's just taking a really long time to load.
But anyways, that's something that you can use on your own.
If you wanna see what your competition's been doing
year after year, you can use that website
by looking at exactly what they've done
with that specific line year after year after year.
Right now, it might not make a lot of sense to you,
but at some point, you're gonna be in a situation
where you're going, geez, I wonder if such and such
is selling this thing or not,
or did they stop it last year?
And you can just pull up their website from last year.
It's literally the exact website.
It's pretty powerful stuff.
But for some reason, it's taking a long time to load.
And I wonder if that's, oh, I see why.
Okay, all right, let me see if it works now.
Yeah, there we go.
Redirecting.
Come on now.
And this is from 2016.
16 right now.
It's still loading.
Man, it's taking a long time to load.
Anyways, I'll let it run in the background, so.
Hey, Peter, Katarina just dropped an interesting question.
Do you see it there?
Yeah, sure, go ahead.
She said, so she's confused.
If someone hasn't been using a trademark,
it dies even if they keep renewing?
Great question.
That's a great question.
All right, so, and this is something
that we'll be going into more detail in VIP,
but in general, if you stop using a trademark
for three years, it goes abandoned.
You have to continuously use a trademark.
If you stop using it for three years,
it's considered abandoned.
You've got to renew in like these five-year increments.
There's different things.
There's like section eight, section nines.
There's other different types of renewals
and things that you can file
so that your trademark can't be challenged.
There's different things that you can do.
Talk to your attorneys about that,
but if in a five-year period,
three of those years, you have not used the trademark,
it's considered abandoned.
Now, so imagine this.
Imagine that I've had a trademark for 20 years
and I stopped using it for three years,
and then somebody else starts using the trademark.
Then technically, I can't renew
if I haven't used it three years in a row.
And in fact, you have to make a statement
to the trademark office that a declaration,
like a legal document, you have to make a statement saying,
I have used it in the last three years, all right?
If you don't do that,
then you're not gonna get your renewal.
So let's assume for purposes of just discussion,
just to make things really complicated and fun,
let's just say that you didn't use the last three years.
And then all of a sudden,
somebody else used it in that time period.
And then you start using it.
What happens then?
It becomes a common law analysis, right?
Because now you can't renew your federal registration
because you haven't continuously used it for three years.
So now it becomes a common law analysis.
And who wins in a common law analysis?
The first to use, right.
Is the first to use, right?
So if let's say Daphne starts using it,
when I forget to renew or I haven't used it in three years
and Daphne started using it, I'm in trouble.
Like I can't renew.
And then all of a sudden I started using it,
but now I'm the, I started using after her,
which means she has common law rights and I can't renew.
So now it becomes common law versus common law
and Daphne wins, even though I had a registration
for 20 years because I stopped using it for three years.
So remember that number three, number three,
make sure you're using this thing.
You can't stop using it for three continuous years
or you can lose your legal rights.
So what we are gonna do now,
we're gonna take a 10 minute break
and then we're gonna jump into VIP, all right.
In VIP, we're gonna do a live trademark application.
Step-by-step and your mics will be open.
So you can ask questions as I'm filing.
We're gonna come up with a trademark that we're gonna file.
We're gonna come up with a imaginary trademark,
imaginary goods and services and imaginary data first use,
or we can do an actual use,
an actual use or an intent to use, whatever you guys want.
I'm gonna let you guys take the wheel here
and I'm going to walk through
a full trademark application filing.
So you can see every single part that's necessary
so that you will be really well prepared
when you're working with your attorneys
because you know every single thing that is needed,
which should make it a lot,
again, it'll make it a lot streamlined.
It'll actually help your lawyers quite frankly.
It makes our jobs a lot easier.
And so that's what we're gonna do in 10 minutes.
So we'll start at 825.
We'll start VIP at 825, okay.
Does anybody have any administrative questions
before I jump off or offer questions?
If you have offer questions, you can ask that.
Otherwise, tomorrow we're jumping in deep into copyrights.
Tomorrow's gonna be a lot of fun
because it's a lot of really practical real life situations.
We're gonna cover a little bit of AI too.
For all you AI buffs,
that law for AI masterclass, that's so unique.
Like that's where you wanna,
if all you wanna do is focus on AI,
that thing is amazing.
That was a lot of fun.
What we're doing here is we are helping businesses
to become successful.
We're hitting every aspect of ownership of your creations
here in one environment,
and making sure you don't get sued in the same process.
So thank you so much, Daphne.
That's so nice.
That's awesome.
Thank you, everybody, for your comments.
That's wonderful.
All right, so yes, homework.
All right, so here's your homework.
I'd like everybody to go live in the Facebook group.
If you don't know how to do a live,
Rae, do you have that thing
where we told people how to do a live?
Do you remember that thing that you created?
I remember what you're talking about.
I just don't remember if we ever made one.
We talked about it, but...
Okay, well, if you don't know how to do it,
we can actually show you how to do it, but...
Just shoot me a DM and we'll get you the info.
Yeah, so I'd just like you to go live,
and just one thing that you've learned
in the last two days that's been helpful.
The reason why I found this to be extremely helpful
is that other people are gonna watch those videos,
and you're gonna start training each other.
What I'm trying to do here is not just
train you so that you're successful.
I'm trying to increase your value.
I'm trying to make sure that when you are,
when you're training other people, you have this knowledge,
and you're going to identify issues with your own clients.
And it's gonna be kind of, it'll be extraordinary,
but it's gonna kind of be weird.
All of a sudden, somebody says,
I'm going to a trade show,
and I'm gonna show off my new product,
and you're gonna go, oh man,
didn't you say you were interested
in legal rights in Germany?
Well, actually, if you disclose your invention
at your trade show, that's considered a public disclosure,
and you lose all rights in every foreign country.
So I'd make sure you file something first.
What the heck did I just say?
Like, literally, you're gonna be in that kind of situation.
Okay, so you're gonna bring more value
to the people around you.
And so when you go live,
and you say at least one thing that you learned,
other people are gonna learn from you,
and you're gonna build a strong network to help each other.
And that's what this is really about.
We're all here to help each other out.
That's why I built this.
This is my outreach program.
I love doing it.
I wanna try to help you guys out.
Okay, with that, I am going to jump off.
So I'll leave you ladies here.
Ray, take care of Sharon.
Bye, Abigail.
I will catch all of you in VIP in nine minutes,
and I'll leave Larissa and Ray with all of you.
So bless you guys.
I hope this was helpful,
and I'll catch you tomorrow for Copyright Day.