WEBVTT 1 00:00:00.000 --> 00:00:13.060 All right, so welcome everybody to day two of the Protect Your Idea Challenge. 2 00:00:13.060 --> 00:00:19.680 So what we're going to cover today is another level of trademark law, but there's a crossover 3 00:00:19.680 --> 00:00:22.120 between trademark law and copyright law. 4 00:00:22.120 --> 00:00:26.480 So you're going to see some of the crossover happening towards the end of the training 5 00:00:26.480 --> 00:00:28.200 today. 6 00:00:28.200 --> 00:00:33.400 But before we start jumping into that in a lot of detail, I want to take like maybe 7 00:00:33.400 --> 00:00:39.720 one or two shares on something that like really stood out to you on day one, something that 8 00:00:39.720 --> 00:00:41.840 was helpful for you. 9 00:00:41.840 --> 00:00:46.960 Just be, I think it'd be beneficial to share that here since we have the whole group together 10 00:00:46.960 --> 00:00:47.960 right now. 11 00:00:47.960 --> 00:00:51.920 If there's one or two shares on that, just raise your virtual hand or raise your real 12 00:00:51.920 --> 00:00:57.280 hand and you can just share that now and that'll help people out just to see what's jumping 13 00:00:57.280 --> 00:01:01.160 out as more helpful than other things. 14 00:01:01.160 --> 00:01:06.280 Jacob, Jacob jumps right out the gate. 15 00:01:06.280 --> 00:01:10.640 Okay, you're going to hear me through Kalia's so we don't get an echo. 16 00:01:10.640 --> 00:01:11.640 Oh, it's fine. 17 00:01:11.640 --> 00:01:12.640 You're fine. 18 00:01:12.640 --> 00:01:13.840 Go right ahead. 19 00:01:13.840 --> 00:01:23.400 So what jumped out to me is I posted it in my video on the site is that for 20 years, 20 00:01:23.400 --> 00:01:26.200 I did artwork for the CDs. 21 00:01:26.200 --> 00:01:35.880 I designed shirts, murals for chiefs, officers, for other commands, coins, everything. 22 00:01:35.880 --> 00:01:36.880 I designed a lot. 23 00:01:36.880 --> 00:01:40.320 I designed logos for people's businesses. 24 00:01:40.320 --> 00:01:50.320 I did all this and I did not know about the TM on it with my name and somebody took one 25 00:01:50.320 --> 00:02:03.160 of my pieces of artwork and they trademarked it as a CB logo that they designed and everybody 26 00:02:03.160 --> 00:02:06.200 asked me, they're like, wait, Jake, isn't that your design? 27 00:02:06.200 --> 00:02:07.200 And I'm like, yeah. 28 00:02:07.200 --> 00:02:08.199 Wow. 29 00:02:08.199 --> 00:02:14.280 And then the person said, oh, well, I designed it with Jake and I'm like, I'm not going to 30 00:02:14.280 --> 00:02:15.720 fight that battle. 31 00:02:15.720 --> 00:02:17.600 Just you take it. 32 00:02:17.600 --> 00:02:18.600 Wow. 33 00:02:18.880 --> 00:02:19.880 Yeah. 34 00:02:19.880 --> 00:02:20.880 I'm sorry. 35 00:02:20.880 --> 00:02:21.880 I'm sorry to hear that. 36 00:02:21.880 --> 00:02:26.120 I mean, there's I think one of the things I'll touch base on, because just just so people 37 00:02:26.120 --> 00:02:28.960 know your story actually is not uncommon. 38 00:02:28.960 --> 00:02:33.400 Like we've I think pretty much every time we've run this challenge, we've heard a story 39 00:02:33.400 --> 00:02:36.160 along the same lines, which is it's unfortunate. 40 00:02:36.160 --> 00:02:40.040 And so it's one of the motivating factors as to why we're doing this, you know, doing 41 00:02:40.040 --> 00:02:44.120 this training so that we can get some interaction with people and let them know that there's 42 00:02:44.120 --> 00:02:45.680 some other options out there. 43 00:02:45.680 --> 00:02:52.160 In your situation with logos, if you create the logo yourself, you actually have legal 44 00:02:52.160 --> 00:02:56.880 rights under copyright law automatically, which we're going to cover tomorrow in some 45 00:02:56.880 --> 00:02:57.880 detail. 46 00:02:57.880 --> 00:03:00.640 I'll probably start touching base on that at the end of today. 47 00:03:00.640 --> 00:03:07.800 But separate from that, you also should be the only one who can use the trademark, because 48 00:03:07.800 --> 00:03:12.000 when you file a trademark application, which I'll show those of you that are in VIP, you're 49 00:03:12.000 --> 00:03:15.880 going to actually see every single step of a trademark application. 50 00:03:15.880 --> 00:03:18.240 So you could ask questions on all the steps. 51 00:03:18.240 --> 00:03:22.440 And this will also help you in in working with an attorney because you'll know exactly 52 00:03:22.440 --> 00:03:23.640 what they need. 53 00:03:23.640 --> 00:03:28.560 So to streamline the process and decrease your costs, which is really helpful, because 54 00:03:28.560 --> 00:03:32.560 one of the areas that people spend a lot of time on is trying to figure out a specimen 55 00:03:32.560 --> 00:03:36.400 or an international class or describing the goods or services. 56 00:03:36.400 --> 00:03:39.200 And so if you can decrease that time, you'll save a lot of money. 57 00:03:39.200 --> 00:03:42.760 And so we're going to explain that for you in a lot of detail. 58 00:03:42.760 --> 00:03:47.080 But one of the things that you have to sign when you file a trademark application, Jacob, 59 00:03:47.080 --> 00:03:51.920 is a declaration to the federal government stating that you're not aware of anybody else 60 00:03:51.920 --> 00:03:58.760 having legal rights to that trademark or having used that trademark. 61 00:03:58.760 --> 00:04:05.040 And so if another party takes your logo and files a trademark application for your logo, 62 00:04:05.040 --> 00:04:09.560 that's actually a federal offense, which is not wise. 63 00:04:09.560 --> 00:04:11.440 That's a big deal, you know. 64 00:04:11.440 --> 00:04:14.720 So with that being said, sorry to hear about that. 65 00:04:14.720 --> 00:04:16.160 I'm glad you're here, though. 66 00:04:16.160 --> 00:04:20.680 I mean, I'm glad to know you personally, but separately, I'm glad you're here so we can 67 00:04:20.680 --> 00:04:24.760 actually go through this kind of stuff and make sure we get some answers to a lot of 68 00:04:24.760 --> 00:04:27.200 different questions so we don't have any problems going forward. 69 00:04:27.200 --> 00:04:28.760 Yeah, that's awesome. 70 00:04:28.760 --> 00:04:29.760 I am. 71 00:04:29.760 --> 00:04:31.240 I'm really excited about this class. 72 00:04:31.240 --> 00:04:32.240 I am. 73 00:04:32.240 --> 00:04:33.240 Yeah. 74 00:04:33.240 --> 00:04:34.240 Oh, that's awesome. 75 00:04:34.440 --> 00:04:35.440 I mean, it's been a pleasure to hear. 76 00:04:35.440 --> 00:04:41.280 I mean, there's a number of big issues that have been going on in this specific area, 77 00:04:41.280 --> 00:04:49.080 especially as we come to Christmas time, people are taking other people's images, their designs, 78 00:04:49.080 --> 00:04:54.600 their logos, their slogans, their trademarks, they're throwing them on T-shirts and then 79 00:04:54.600 --> 00:04:58.520 they're selling them online, right, as an extra stream of income. 80 00:04:58.520 --> 00:04:59.840 In fact, there's a number of. 81 00:05:00.000 --> 00:05:05.680 influencers that are right now telling people exactly how to do that, like what's the company 82 00:05:05.680 --> 00:05:11.200 that you hire to make the t-shirts, how you actually make the orders available so that second 83 00:05:11.200 --> 00:05:15.760 that they're ordered that company makes them and then fulfills the order so you spend almost no 84 00:05:15.760 --> 00:05:20.960 time and energy having to create anything except all you do is build the relationships and the 85 00:05:20.960 --> 00:05:26.800 links between the companies. It's all copyright and trademark infringement and they don't realize 86 00:05:26.800 --> 00:05:32.800 it and then I get these calls from people saying can you save me because such and such corporation 87 00:05:32.800 --> 00:05:37.600 just sued us in federal district court. Now they've got to spend like thousands of dollars 88 00:05:37.600 --> 00:05:42.880 getting out of trouble you know if the company wants to let them out and so it's it's better if 89 00:05:42.880 --> 00:05:48.400 you can figure this stuff out early. So yeah we'll make sure you don't run into that stuff again. 90 00:05:48.400 --> 00:05:55.680 It's good and let me go to your lovely wife who's literally right next to you which is kind of 91 00:05:55.680 --> 00:06:04.800 hilarious. Oh yeah. Two incredibly smart people right next to each other. So how are you my friend? 92 00:06:04.800 --> 00:06:11.520 I'm so good. I'm so good. I'm so happy to be here. It took me way too long but I'm just happy to be here. 93 00:06:11.520 --> 00:06:15.280 I'm glad you are here. So what did you what kind of jumped out at you? 94 00:06:17.520 --> 00:06:24.080 What jumped out at me is because I have a unique name I have people using my name. 95 00:06:25.760 --> 00:06:31.680 For different things. Wow. And even I went to the hospital you remember I had the face pain 96 00:06:32.240 --> 00:06:38.720 and they said oh well you're very attractive. I love the flower. You should represent people that 97 00:06:38.720 --> 00:06:46.640 have this disease. On the internet there's an image outlining looks exactly like me on a t-shirt for 98 00:06:46.640 --> 00:06:54.960 that disease. Are you serious? If you see it you'll be like oh that's Kalia. The hair, the swoop, the hole, 99 00:06:54.960 --> 00:07:01.520 the flower, the whole thing. Oh my gosh. And so I messaged them and I said this is copyright. This is 100 00:07:01.520 --> 00:07:06.320 trademark infringement. This is my name image and likeness. I'm a plus model. You will be sued. 101 00:07:06.320 --> 00:07:13.840 Take it down. I think they blocked me. I haven't seen it anymore but you know who knows maybe they 102 00:07:13.840 --> 00:07:21.600 just blocked me. Well you're if they removed it that's good. So I got you know Stephen Diaz is? 103 00:07:22.320 --> 00:07:30.480 Yeah. All right so Stephen's a very successful individual. Trains mothers in in building a 104 00:07:30.480 --> 00:07:38.640 second stream of income. Has an incredible program called Rainmaker Family. Just incredible program 105 00:07:38.640 --> 00:07:44.400 and he and his wife Chelsea are amazing people. You know they literally do this to help people 106 00:07:44.400 --> 00:07:49.840 right. That's their intent. And so they train people in building a second stream of income 107 00:07:49.840 --> 00:07:58.080 through Amazon and stuff like that. He has sent me multiple people who have had another company 108 00:07:58.080 --> 00:08:05.840 come along, grab their product, grab their name, grab their likeness, whatever and sell it on eBay, 109 00:08:05.840 --> 00:08:12.320 on Alibaba, on Amazon. And so they come out you know they they reach out to me and they say well 110 00:08:12.320 --> 00:08:17.280 how do we stop them? And this is actually a really good segue into the first thing I'm going to teach 111 00:08:17.280 --> 00:08:22.480 all of you which is when you file your trademark application or your copyright application 112 00:08:22.480 --> 00:08:28.320 you get a serial number like right off the bat. And after you get your serial number when you 113 00:08:28.320 --> 00:08:33.679 get your registration you'll get what's called a registration number right. That registration 114 00:08:33.679 --> 00:08:40.400 number is exactly what you want to use to file a complaint with eBay or Amazon or Alibaba. There's 115 00:08:40.400 --> 00:08:46.960 a there's a form section that they have where you can file a complaint for violation of intellectual 116 00:08:46.960 --> 00:08:54.480 property law. Okay it's specific to IP and one of the first things they ask you for is the 117 00:08:54.480 --> 00:09:00.720 registration for your copyright or your trademark right off the bat. Now let me explain to you why. 118 00:09:01.440 --> 00:09:07.920 Okay when you obtain legal rights under trademark law or under copyright law you're the only one 119 00:09:07.920 --> 00:09:13.760 who's allowed to use that trademark or that protected image or whatever is protected by 120 00:09:13.760 --> 00:09:19.360 copyright or trademark. You're supposed to be the only one who's allowed to use that. Now if another 121 00:09:19.360 --> 00:09:25.280 party is using that that can be considered to be trademark infringement or copyright infringement. 122 00:09:25.280 --> 00:09:31.520 Well here's the thing is one of the legal rights is to sell a product that has the trademark on it 123 00:09:31.520 --> 00:09:38.240 or the logo on it right or has the copyright on it. It actually has the copyrighted material. Only 124 00:09:38.240 --> 00:09:43.920 you could sell the copyrighted material. Nobody else can. Well it just so happens that if they're 125 00:09:43.920 --> 00:09:55.840 using Amazon's website then who's actually selling? Amazon. You see? So Amazon actually has a vested 126 00:09:55.840 --> 00:09:59.840 interest in making sure that nothing that is sold on 127 00:10:00.000 --> 00:10:06.400 there on their platform actually infringes on trademarks or copyrights because they personally 128 00:10:06.400 --> 00:10:12.400 would be liable. So it's not that all of a sudden they have this warm soft spot in their hearts 129 00:10:12.400 --> 00:10:18.080 going, oh my gosh, this is horrible. We don't want these bad things to happen. It's that they're 130 00:10:18.080 --> 00:10:25.200 saving their own butts because they realize, oh my gosh, we're committing IP infringement by 131 00:10:25.200 --> 00:10:32.240 providing a platform for the sale. It's almost like the accessory to murder. They're the ones 132 00:10:32.240 --> 00:10:39.440 that are providing the gun, so to speak. And so for that reason, they can be personally liable. 133 00:10:40.960 --> 00:10:45.200 So what you want to be able to do, though, is provide your registration number. This is what's 134 00:10:45.200 --> 00:10:52.080 so vital. So if you have, let's say, your likeness, your image, or a silhouette of yourself, 135 00:10:52.080 --> 00:10:57.680 you can file copyright on that. And then when you get the federal registration, if you see anything 136 00:10:58.400 --> 00:11:03.920 advertised with that silhouette, you file the complaint with your registration number 137 00:11:03.920 --> 00:11:11.040 and say, I have a federal registration under copyright law to this exact image. This needs 138 00:11:11.040 --> 00:11:15.760 to stop now because they're in violation. And since they're selling on your platform, 139 00:11:15.760 --> 00:11:22.160 you, therefore, are in violation as well. Boom. Gone. That's how you make them disappear real fast. 140 00:11:22.720 --> 00:11:28.480 Could I do that? I had someone in Hollywood, I won't say who they are, but they represented 141 00:11:28.480 --> 00:11:35.600 someone who kind of looks like me. And they called and told me they're going to make her 142 00:11:35.600 --> 00:11:44.640 look exactly like me. And they did. Yeah. So the way that it works in that area is there's a body 143 00:11:44.640 --> 00:11:49.280 of law called likeness, which is a crossover with IP. It really crosses over into copyright law. 144 00:11:50.400 --> 00:11:55.840 And so there's, it's an entire body of law that I don't really cover a lot in here. 145 00:11:55.840 --> 00:12:02.320 But suffice to say, what you want to look at is copyright law. All right. And so if you can, 146 00:12:02.880 --> 00:12:09.840 if you can own your own silhouette, and another person is modified to be similar to your silhouette, 147 00:12:10.400 --> 00:12:16.480 the level of similarity between the two will result in whether or not there's a violation. 148 00:12:17.040 --> 00:12:23.600 Right. So if I right now took a picture and then made it black and white, and just filled in, 149 00:12:23.600 --> 00:12:29.280 you know, the facial features, so it's just the silhouette. If I file a copyright on that, 150 00:12:30.320 --> 00:12:35.600 and another person has something that looks, you know, very similar to that, substantially the same, 151 00:12:36.160 --> 00:12:41.120 then you've got a copyright infringement issue. So what I would do is, I would file something on 152 00:12:41.120 --> 00:12:46.320 the silhouette of yourself. You know, if you're fine that other people are doing that. One thing 153 00:12:46.320 --> 00:12:52.640 to keep in mind, though, is that if somebody is committing copyright infringement already, 154 00:12:53.440 --> 00:13:01.440 and you now go and file a copyright application today, then they won't be liable for past 155 00:13:01.440 --> 00:13:07.040 damages, because there needs to be something on file. Like you can't, you can only collect 156 00:13:07.040 --> 00:13:14.080 as of the point of registration going forward, not registration going back. Okay. So this is why we 157 00:13:14.080 --> 00:13:18.160 always tell people, if there's something that's really important, cost 65 bucks, tomorrow, we'll 158 00:13:18.160 --> 00:13:23.600 talk a lot about copyrights, because 65 bucks file copyright application, it's so cheap. You know, 159 00:13:23.600 --> 00:13:29.200 if it's something that's important to you, then protect it. But in in your case, just keep in 160 00:13:29.200 --> 00:13:34.720 mind that if you own a trademark registration, or copyright registration, you see something on 161 00:13:34.720 --> 00:13:41.040 Amazon, or eBay, or Alibaba, especially, you find where it says file complaint. And when you file 162 00:13:41.040 --> 00:13:45.840 the complaint, use your registration number. That's the key. That's the key to working with 163 00:13:45.840 --> 00:13:53.440 them. I have taken down countless things on behalf of clients throughout the world. Right. And the 164 00:13:53.440 --> 00:13:58.960 main key that is that works extremely well, is if you can give them a registration number, they won't 165 00:13:58.960 --> 00:14:05.200 argue with you. Like they just because they don't want the legal battle. They just want out. And so 166 00:14:05.200 --> 00:14:10.400 for that reason, now, what you might find is that that same party that was infringing, then, you 167 00:14:10.400 --> 00:14:16.240 know, it was ABC company, all of a sudden, it's XYZ company selling the same thing. Right. And so what 168 00:14:16.240 --> 00:14:22.240 you want to do is something that's kind of tricky, but you can look and see, if it truly is a company, 169 00:14:22.240 --> 00:14:28.320 you can look at where it actually was filed and see who is listed as the agent for the filing. 170 00:14:28.960 --> 00:14:34.960 And then do a search for that agent. You can see any other entities that that agent is affiliated 171 00:14:34.960 --> 00:14:41.120 with. And you can shut them all down. It's a sneaky way of stopping the competition. So I don't want 172 00:14:41.120 --> 00:14:46.560 to confuse people, but it's a legal strategy that I use is look to see who the agent is for the 173 00:14:46.560 --> 00:14:54.240 company and then backtrack. Because as an example, we used to bring legal actions against 174 00:14:54.240 --> 00:14:59.280 organizations in China. Right now, people would say, oh, it doesn't matter if you have 175 00:14:59.280 --> 00:15:00.000 legal rights in China. 176 00:15:00.000 --> 00:15:04.320 And I disagree because going back 10 years ago, 177 00:15:04.320 --> 00:15:06.740 actually more like 12 years ago, 178 00:15:06.740 --> 00:15:09.040 it was difficult to enforce your legal rights in China. 179 00:15:09.040 --> 00:15:11.280 Then all of a sudden China realized, 180 00:15:11.280 --> 00:15:13.680 hold it, all these big corporations 181 00:15:13.680 --> 00:15:15.240 don't wanna do business in China 182 00:15:15.240 --> 00:15:19.260 because they can't enforce their IP in China and win. 183 00:15:19.260 --> 00:15:21.760 So all of a sudden China switched 184 00:15:21.760 --> 00:15:23.680 and they literally did a 180 185 00:15:23.680 --> 00:15:26.120 and they made it so it was very easy 186 00:15:26.120 --> 00:15:27.920 for these organizations to enforce 187 00:15:27.920 --> 00:15:30.400 their legal rights in China, right? 188 00:15:30.400 --> 00:15:34.400 However, the decisions that were granted 189 00:15:34.400 --> 00:15:38.400 were predominantly what are called injunctions. 190 00:15:38.400 --> 00:15:41.160 So that means we shut you down, 191 00:15:41.160 --> 00:15:42.760 but we don't give you money. 192 00:15:42.760 --> 00:15:44.900 That's what a lot of decisions were. 193 00:15:44.900 --> 00:15:47.380 And so XYZ companies shut down. 194 00:15:47.380 --> 00:15:50.900 Now all of a sudden, like ABC company pops up 195 00:15:50.900 --> 00:15:53.040 and then you find out that the person 196 00:15:53.040 --> 00:15:55.920 who's the head of ABC company is the wife 197 00:15:55.920 --> 00:15:58.480 of who was the head of XYZ company. 198 00:15:58.480 --> 00:15:59.560 You're like, what's going on? 199 00:15:59.560 --> 00:16:00.720 It's the same family. 200 00:16:00.720 --> 00:16:02.600 They're just bringing up new companies. 201 00:16:02.600 --> 00:16:04.080 So you have to learn new strategies. 202 00:16:04.080 --> 00:16:05.920 So if you're doing business in other countries, 203 00:16:05.920 --> 00:16:08.520 it's important to understand what are the customs there. 204 00:16:08.520 --> 00:16:10.440 But in general, what I would say 205 00:16:10.440 --> 00:16:13.000 is if you're going to do business on the internet, 206 00:16:13.000 --> 00:16:15.400 get a serial number, get a registration number 207 00:16:15.400 --> 00:16:18.140 and use that in filing any complaint, okay? 208 00:16:18.140 --> 00:16:20.680 Okay, thanks so much. 209 00:16:20.680 --> 00:16:23.560 Now that's why their agency called me 210 00:16:23.560 --> 00:16:26.000 and let me know that they're going to make 211 00:16:26.000 --> 00:16:28.360 that movie star look like me. 212 00:16:30.640 --> 00:16:33.080 Yeah, well, the good part is 213 00:16:33.080 --> 00:16:34.260 you must be doing something right 214 00:16:34.260 --> 00:16:35.600 if people want to copy you. 215 00:16:37.920 --> 00:16:40.060 Jacob apparently is the blessed one, so. 216 00:16:42.060 --> 00:16:44.520 All right, let me jump into some trademark training 217 00:16:44.520 --> 00:16:45.860 over here for you guys. 218 00:16:46.860 --> 00:16:50.840 Yesterday, we touched base on a good number of things. 219 00:16:50.880 --> 00:16:54.800 And so what I wanted to start out with 220 00:16:54.800 --> 00:16:57.960 is I just want to touch base on domain names really quick. 221 00:16:57.960 --> 00:17:00.380 We touched base a little bit on domain names. 222 00:17:00.380 --> 00:17:02.900 Almost everybody ends up buying a domain name. 223 00:17:03.940 --> 00:17:05.480 One of the questions I got is, 224 00:17:07.880 --> 00:17:10.359 if there's a trademark and it includes two words, 225 00:17:10.359 --> 00:17:13.680 can you buy the domain name with the hyphen between it? 226 00:17:13.680 --> 00:17:15.119 Will you still have a legal problem? 227 00:17:15.119 --> 00:17:16.339 The answer is yes. 228 00:17:17.280 --> 00:17:19.280 Whether you got a hyphen between it or not, 229 00:17:19.280 --> 00:17:20.480 it doesn't matter. 230 00:17:21.440 --> 00:17:25.280 So if the trademark is Microsoft Word, 231 00:17:25.280 --> 00:17:27.740 and you say, oh, I got a brilliant idea. 232 00:17:27.740 --> 00:17:31.580 I'm going to buy microsoft-word.com. 233 00:17:31.580 --> 00:17:34.280 Bad idea, don't do that. 234 00:17:34.280 --> 00:17:36.280 You're going to be surrendering that thing. 235 00:17:36.280 --> 00:17:39.360 And you'll spend upwards of $4,000 236 00:17:39.360 --> 00:17:42.600 plus just trying to get through a domain name dispute. 237 00:17:42.600 --> 00:17:44.240 It's not worth it. 238 00:17:44.240 --> 00:17:46.520 So I wouldn't bother doing that. 239 00:17:46.520 --> 00:17:48.000 So do your trademark search first. 240 00:17:48.000 --> 00:17:50.280 If it's clear, buy a domain name, 241 00:17:50.280 --> 00:17:53.360 then go back and file your trademark application. 242 00:17:53.360 --> 00:17:54.200 Does that make sense? 243 00:17:54.200 --> 00:17:55.680 Is that pretty clear? 244 00:17:55.680 --> 00:17:58.640 Okay, the other question I got was, 245 00:17:58.640 --> 00:17:59.880 if your trademark, 246 00:17:59.880 --> 00:18:02.360 if the trademark that another person has multiple words, 247 00:18:02.360 --> 00:18:05.320 can you take one of the words and add another word to it? 248 00:18:06.560 --> 00:18:08.200 That's a more difficult question. 249 00:18:08.200 --> 00:18:11.920 That's really an analysis of what each of the words are. 250 00:18:11.920 --> 00:18:16.160 So as an example, if the trademark is Microsoft Word again, 251 00:18:16.160 --> 00:18:18.360 and you say, well, can I just take Microsoft 252 00:18:18.360 --> 00:18:20.240 and one other word? 253 00:18:20.240 --> 00:18:24.520 No, because obviously they own Microsoft alone, 254 00:18:24.520 --> 00:18:27.200 but Microsoft is such a substantial portion 255 00:18:27.200 --> 00:18:30.520 of the trademark that copying that portion 256 00:18:30.520 --> 00:18:34.320 would absolutely result in you running into problems. 257 00:18:34.320 --> 00:18:39.120 So the test for, I'm going to give you guys a handout, 258 00:18:39.120 --> 00:18:39.960 first of all. 259 00:18:39.960 --> 00:18:43.040 Let me, Rae, we dropped the link yesterday 260 00:18:43.040 --> 00:18:45.040 for the handout, right? 261 00:18:45.040 --> 00:18:45.880 We didn't- 262 00:18:45.880 --> 00:18:47.600 No, you wouldn't let me. 263 00:18:47.600 --> 00:18:48.520 Okay, that's okay. 264 00:18:48.520 --> 00:18:51.560 Why don't you drop the link in the chat 265 00:18:51.560 --> 00:18:54.120 and I'll share my screen so everybody can see this. 266 00:18:54.120 --> 00:18:56.520 I created this for you guys. 267 00:18:56.520 --> 00:19:00.240 I use this in the trainings. 268 00:19:00.240 --> 00:19:03.080 It helps to make things a lot more simple for you. 269 00:19:03.080 --> 00:19:06.200 Can everybody see the screen right now and the image? 270 00:19:06.200 --> 00:19:07.040 Okay, great. 271 00:19:08.640 --> 00:19:12.520 Whatever you create should fall on this somewhere. 272 00:19:13.400 --> 00:19:15.520 Okay, so if you're a photographer, 273 00:19:15.520 --> 00:19:17.520 there's the word photographs. 274 00:19:17.520 --> 00:19:19.920 You look at photographs and then you go straight up. 275 00:19:19.920 --> 00:19:22.120 Boom, that's protectable under copyright law. 276 00:19:22.120 --> 00:19:22.960 See that? 277 00:19:23.840 --> 00:19:25.840 So if you're doing, let's say, 278 00:19:28.080 --> 00:19:31.320 you're doing blogs. 279 00:19:31.320 --> 00:19:32.280 Oh, there he is. 280 00:19:32.280 --> 00:19:35.120 Well, I'm surprised I actually put it in there. 281 00:19:35.120 --> 00:19:37.720 I was trying to come up with a word that wasn't here. 282 00:19:37.720 --> 00:19:40.080 I was going to say, well, blog is really a writing 283 00:19:40.080 --> 00:19:41.560 which falls into a book category, 284 00:19:41.600 --> 00:19:42.840 but apparently I wrote blogs. 285 00:19:42.840 --> 00:19:44.240 So it's right there, yep. 286 00:19:44.240 --> 00:19:45.840 Blogs, boom, copyright. 287 00:19:45.840 --> 00:19:48.200 That's protectable under copyright law. 288 00:19:48.200 --> 00:19:49.960 Websites, same idea. 289 00:19:49.960 --> 00:19:50.800 Oh, there it is. 290 00:19:50.800 --> 00:19:53.160 Websites, protectable under copyright law. 291 00:19:53.160 --> 00:19:54.920 So, and all these different things 292 00:19:54.920 --> 00:19:57.720 are protectable under trademarks. 293 00:19:57.720 --> 00:20:00.320 And then these are what are protectable on the patents. 294 00:20:00.000 --> 00:20:01.720 This is what's protectable under trade secrets. 295 00:20:01.720 --> 00:20:04.380 This is what's protectable under trade dress. 296 00:20:04.380 --> 00:20:07.580 Keep in mind that this is my creation, 297 00:20:07.580 --> 00:20:11.960 meaning that this format, this image here is my creation. 298 00:20:11.960 --> 00:20:14.160 I have a copyright on it. 299 00:20:14.160 --> 00:20:16.200 So don't go handing it out to other people. 300 00:20:16.200 --> 00:20:17.440 This is for you. 301 00:20:17.440 --> 00:20:19.080 This is just a gift that I'm giving for you 302 00:20:19.080 --> 00:20:21.340 to use for your own benefit. 303 00:20:21.340 --> 00:20:24.320 If you wanna create some other version of this 304 00:20:24.320 --> 00:20:26.840 for your people, then obviously you can do that, 305 00:20:26.840 --> 00:20:28.360 but don't take this one 306 00:20:28.360 --> 00:20:30.360 because that would be copyright violation. 307 00:20:32.880 --> 00:20:35.960 I think what I would like to do now, 308 00:20:35.960 --> 00:20:38.120 let me pull up one other thing here. 309 00:20:39.580 --> 00:20:40.760 There we go. 310 00:20:40.760 --> 00:20:41.600 Okay. 311 00:20:41.600 --> 00:20:43.280 I wanna talk a little bit about 312 00:20:45.040 --> 00:20:46.600 how do you determine whether or not 313 00:20:46.600 --> 00:20:49.480 there is trademark infringement? 314 00:20:49.480 --> 00:20:53.280 So there are multiple factors that you look at 315 00:20:53.280 --> 00:20:56.400 to determine if there's trademark infringement. 316 00:20:56.400 --> 00:20:58.600 Okay, so with that being said, 317 00:20:58.600 --> 00:21:00.700 let me share this with you. 318 00:21:04.080 --> 00:21:05.260 Let's see. 319 00:21:06.840 --> 00:21:11.840 Ray, do you have the form that I kind of summarizes 320 00:21:12.320 --> 00:21:17.080 the seven to nine elements? 321 00:21:17.080 --> 00:21:18.160 We turned it into a- 322 00:21:18.160 --> 00:21:19.960 Likelihood of confusion? 323 00:21:19.960 --> 00:21:21.240 Yeah, likelihood of confusion. 324 00:21:21.240 --> 00:21:22.080 Yeah, of course. 325 00:21:22.080 --> 00:21:23.240 Can you give us a handout? 326 00:21:23.240 --> 00:21:25.100 I mean, I usually just show it to people, 327 00:21:25.100 --> 00:21:27.980 but I want people to have it as a handout this time. 328 00:21:27.980 --> 00:21:30.620 So this way, this one you can use for yourself. 329 00:21:30.620 --> 00:21:31.680 You can give the other people. 330 00:21:31.680 --> 00:21:32.520 I don't care. 331 00:21:32.520 --> 00:21:33.900 I don't have a copyright on this. 332 00:21:33.900 --> 00:21:35.500 This is a gift for you guys. 333 00:21:36.700 --> 00:21:38.020 I usually just go over it, 334 00:21:38.020 --> 00:21:42.660 but I feel like I should just hand it to you guys to use. 335 00:21:42.660 --> 00:21:47.020 So the, let me open it up so everybody can see it. 336 00:21:47.020 --> 00:21:48.260 There it is. 337 00:21:48.260 --> 00:21:49.100 Good. 338 00:21:51.060 --> 00:21:53.260 Dropped it in the chat there too. 339 00:21:53.260 --> 00:21:54.320 Thank you. 340 00:21:55.180 --> 00:21:56.020 Okay. 341 00:21:56.020 --> 00:21:56.940 And just so you guys know, 342 00:21:56.940 --> 00:21:59.780 I'm going to be dropping all of these links as well 343 00:21:59.780 --> 00:22:01.140 inside the Facebook group. 344 00:22:01.140 --> 00:22:04.420 So if you need to reference them again, head over there. 345 00:22:04.420 --> 00:22:05.260 There we go. 346 00:22:05.260 --> 00:22:06.300 Okay. 347 00:22:06.300 --> 00:22:09.580 I'm going to go over them with you here together. 348 00:22:09.580 --> 00:22:13.500 So this is a form that we created to make it easy 349 00:22:13.500 --> 00:22:14.780 for you to determine whether or not 350 00:22:14.780 --> 00:22:16.100 there's trademark infringement. 351 00:22:16.100 --> 00:22:17.420 Why is this important? 352 00:22:17.420 --> 00:22:20.060 It's important because when you're doing a trademark search 353 00:22:20.060 --> 00:22:22.540 and you're trying to figure out, can I use this name? 354 00:22:22.540 --> 00:22:24.140 Can I not use this name? 355 00:22:24.180 --> 00:22:25.180 Can I use this logo? 356 00:22:25.180 --> 00:22:26.220 Can I not? 357 00:22:26.220 --> 00:22:29.140 This is what tells you if you can use it or not. 358 00:22:29.140 --> 00:22:30.740 These are the factors. 359 00:22:30.740 --> 00:22:33.180 As opposed to forcing you guys 360 00:22:33.180 --> 00:22:35.500 to memorize these things on your own, 361 00:22:35.500 --> 00:22:38.700 I decided to put this in a visual, like a visual way 362 00:22:38.700 --> 00:22:41.620 so it's a lot easier to look at. 363 00:22:41.620 --> 00:22:44.660 Technically there's nine to 12 factors. 364 00:22:44.660 --> 00:22:47.660 I broke it down into seven because I combined a few of them 365 00:22:47.660 --> 00:22:50.940 because I believe it's easier to understand that way. 366 00:22:50.940 --> 00:22:53.900 As an example, the first factor includes appearance, 367 00:22:54.540 --> 00:22:55.860 sound and commercial impression. 368 00:22:55.860 --> 00:22:57.220 They all kind of work together. 369 00:22:57.220 --> 00:23:00.020 So I listed as the first factor, 370 00:23:00.020 --> 00:23:03.460 seemingly the most important factor, just so you guys know. 371 00:23:03.460 --> 00:23:07.820 But the point of this is that this factor number one 372 00:23:07.820 --> 00:23:11.500 is like the, this is the one that if you lose on this one, 373 00:23:11.500 --> 00:23:12.940 you're toast. 374 00:23:12.940 --> 00:23:16.100 Like it's a non-starter, okay? 375 00:23:16.100 --> 00:23:17.900 Somebody has Microsoft and you say, 376 00:23:17.900 --> 00:23:20.100 oh, I'm going from Microsoft too. 377 00:23:20.140 --> 00:23:24.300 But it's, the goods are just slightly different. 378 00:23:24.300 --> 00:23:27.940 It's like, yeah, if it looks exactly the same 379 00:23:27.940 --> 00:23:30.100 and it sounds exactly the same 380 00:23:30.100 --> 00:23:32.220 and has a similar commercial impression, 381 00:23:32.220 --> 00:23:34.260 you're dead in the water. 382 00:23:34.260 --> 00:23:38.500 Okay, so let me explain what these factors mean. 383 00:23:38.500 --> 00:23:40.940 So on the first factor, appearance. 384 00:23:40.940 --> 00:23:44.260 So that's like, does the logo look like the logo? 385 00:23:44.260 --> 00:23:45.900 Is it a swoosh and a swoosh? 386 00:23:45.900 --> 00:23:48.740 It does look similar, great. 387 00:23:48.740 --> 00:23:51.980 So in the Nike swoosh, 388 00:23:51.980 --> 00:23:55.540 since it goes like thin to fat to thin, 389 00:23:55.540 --> 00:23:57.820 what if it was like all thin? 390 00:23:57.820 --> 00:23:58.980 Does that look similar? 391 00:23:58.980 --> 00:24:01.260 That's the kind of analysis that you're doing. 392 00:24:01.260 --> 00:24:02.500 And then you're looking at the words. 393 00:24:02.500 --> 00:24:04.300 Do the words look exactly the same 394 00:24:04.300 --> 00:24:06.260 when you look at them visually? 395 00:24:06.260 --> 00:24:09.140 And do they sound the same when you say it out loud? 396 00:24:09.140 --> 00:24:11.780 Those are the first things that you're checking. 397 00:24:11.780 --> 00:24:13.220 Commercial impression is like, 398 00:24:13.220 --> 00:24:15.420 what's the feeling that you get 399 00:24:15.420 --> 00:24:17.700 when you see that trademark? 400 00:24:17.700 --> 00:24:21.740 So if I said to you something like, 401 00:24:23.820 --> 00:24:28.820 brilliant is gonna be the name of a new online course, okay? 402 00:24:30.100 --> 00:24:32.980 That has a certain like commercial impression, brilliant. 403 00:24:32.980 --> 00:24:37.980 Versus if I said the name of it was Reaper, right? 404 00:24:39.020 --> 00:24:41.380 Join the Reaper online training course. 405 00:24:41.380 --> 00:24:46.380 Like that has a very different commercial impression, okay? 406 00:24:46.500 --> 00:24:48.140 So for that reason, 407 00:24:48.140 --> 00:24:50.020 that feeling that you get associated with it, 408 00:24:50.020 --> 00:24:51.580 that's your commercial impression. 409 00:24:51.580 --> 00:24:52.900 If it's similar, 410 00:24:52.900 --> 00:24:55.140 there's a higher likelihood of confusion. 411 00:24:55.140 --> 00:24:57.700 The second factor is looking at 412 00:24:57.700 --> 00:24:59.740 the goods or the services themselves. 413 00:25:00.000 --> 00:25:03.720 or are you using a, if Nike has a trademark 414 00:25:03.720 --> 00:25:07.680 for athletic wear and sneakers, 415 00:25:07.680 --> 00:25:10.200 and you decide to create a shoe line, 416 00:25:10.200 --> 00:25:13.440 like Florsheim or like, you know, 417 00:25:13.440 --> 00:25:17.920 Bostonian or whatever other brand of shoes, 418 00:25:17.920 --> 00:25:19.520 you decide, Johnson and Murphy, 419 00:25:19.520 --> 00:25:22.680 you decide to create a shoe line called Nike, 420 00:25:22.680 --> 00:25:25.040 which are for business shoes, 421 00:25:25.040 --> 00:25:27.840 then you're gonna look at the shoes versus the sneakers, 422 00:25:27.880 --> 00:25:29.360 and you're gonna say, 423 00:25:29.360 --> 00:25:31.680 when somebody goes to buy these shoes, 424 00:25:31.680 --> 00:25:35.440 is there a chance that since sneakers 425 00:25:35.440 --> 00:25:37.280 are covered by the name Nike, 426 00:25:37.280 --> 00:25:39.840 and now shoes are covered by the name Nike, 427 00:25:39.840 --> 00:25:42.000 is there a higher chance that people are gonna think, 428 00:25:42.000 --> 00:25:44.920 wow, you know what, it's the same company, Nike. 429 00:25:44.920 --> 00:25:46.240 There's a higher chance that people 430 00:25:46.240 --> 00:25:47.920 are gonna believe that, 431 00:25:47.920 --> 00:25:49.880 then there's a higher chance of confusion. 432 00:25:49.880 --> 00:25:52.200 So you're looking at the goods of the services 433 00:25:52.200 --> 00:25:54.240 that are covered by the trademark. 434 00:25:54.240 --> 00:25:57.520 If they're very similar, higher chance of confusion. 435 00:25:58.440 --> 00:26:00.040 The third factor is looking at 436 00:26:00.040 --> 00:26:02.080 where things are sold, essentially, 437 00:26:02.080 --> 00:26:04.480 the similarity or dissimilarity 438 00:26:04.480 --> 00:26:07.720 of established likely to continue trade channels. 439 00:26:07.720 --> 00:26:10.680 You're looking at where's this thing sold. 440 00:26:10.680 --> 00:26:13.120 So if I tell you that, 441 00:26:13.120 --> 00:26:14.600 there was a company I represented, 442 00:26:14.600 --> 00:26:16.560 it was called Snell Acoustics. 443 00:26:16.560 --> 00:26:21.560 This company sold $50,000 audio speakers, okay, $50,000. 444 00:26:22.560 --> 00:26:26.560 They had some speakers that were $75,000 445 00:26:26.560 --> 00:26:29.440 for audio speakers, okay? 446 00:26:30.400 --> 00:26:32.440 Now, those audio speakers, 447 00:26:32.440 --> 00:26:34.560 how many of you guys realize that those audio speakers 448 00:26:34.560 --> 00:26:35.800 were not sold at Target? 449 00:26:37.000 --> 00:26:39.600 All right, and for those of you that are culturally diverse, 450 00:26:39.600 --> 00:26:42.040 it wasn't sold at Target either, okay? 451 00:26:42.040 --> 00:26:46.160 Like they were not sold like in any Target anywhere. 452 00:26:46.160 --> 00:26:48.560 These, the only way you can get these things 453 00:26:48.560 --> 00:26:51.400 was if you call these guys 454 00:26:52.240 --> 00:26:53.880 and order them directly from them. 455 00:26:53.880 --> 00:26:56.040 You couldn't get your hands on them otherwise. 456 00:26:56.040 --> 00:26:58.800 For that reason, since the only way to access 457 00:26:58.800 --> 00:27:02.120 the speaker was to call them directly, 458 00:27:02.120 --> 00:27:05.560 there's a lower chance of a likelihood of confusion 459 00:27:05.560 --> 00:27:07.400 if somebody uses a similar name 460 00:27:07.400 --> 00:27:10.600 because the only way somebody can get their product 461 00:27:10.600 --> 00:27:12.360 is by calling them directly. 462 00:27:12.360 --> 00:27:15.560 So it's a different channel. 463 00:27:15.560 --> 00:27:18.320 It's a different place of sale. 464 00:27:18.320 --> 00:27:21.640 So if one person's product has a similar name to another's, 465 00:27:21.640 --> 00:27:25.440 but one you buy at Target and the other one 466 00:27:25.440 --> 00:27:27.840 you buy at, Ray's shaking her head, 467 00:27:27.840 --> 00:27:31.360 and the other one you can only buy by calling someone, 468 00:27:31.360 --> 00:27:34.280 well then, you know, you're, 469 00:27:34.280 --> 00:27:37.240 there's a lower chance of a likelihood of confusion 470 00:27:37.240 --> 00:27:39.880 because you can only get Snell Acoustics speakers 471 00:27:39.880 --> 00:27:42.160 from Snell Acoustics themselves. 472 00:27:42.160 --> 00:27:45.080 All right, degree of care. 473 00:27:45.120 --> 00:27:48.880 You know, when you guys go shopping at a grocery store 474 00:27:48.880 --> 00:27:50.840 and you're ready to check out 475 00:27:50.840 --> 00:27:52.720 and you look to the right-hand side, 476 00:27:52.720 --> 00:27:55.240 there's all that stuff that you're not supposed to buy 477 00:27:55.240 --> 00:27:57.400 that's right in your face, screaming out to you, 478 00:27:57.400 --> 00:27:58.960 say, buy me. 479 00:27:58.960 --> 00:28:01.560 You know all that stuff, like the candy, the gum, 480 00:28:01.560 --> 00:28:03.480 the chocolates, the chips, 481 00:28:03.480 --> 00:28:06.000 the magazine that's gonna pollute your mind forever. 482 00:28:06.000 --> 00:28:07.000 You know all that stuff? 483 00:28:07.000 --> 00:28:08.560 Yeah, all of that, 484 00:28:08.560 --> 00:28:12.800 that is basically a low degree of care for purchase, 485 00:28:12.800 --> 00:28:16.200 meaning it's low cost, it's just instinct, 486 00:28:16.200 --> 00:28:18.440 like I just want this, I'm gonna grab some Tic Tacs, 487 00:28:18.440 --> 00:28:21.200 I'm gonna grab some Lifesavers, I'm gonna grab a Kit Kat. 488 00:28:21.200 --> 00:28:26.200 It's not a $500 Kit Kat, right? 489 00:28:26.760 --> 00:28:29.840 Like the chances are you're not gonna find, 490 00:28:29.840 --> 00:28:32.360 although now it's actually changed, 491 00:28:32.360 --> 00:28:35.320 like you can get Godiva chocolates right next to, 492 00:28:35.320 --> 00:28:36.520 in a grocery store now. 493 00:28:36.520 --> 00:28:38.400 Back in the day, you couldn't, right? 494 00:28:38.400 --> 00:28:39.960 You end up spending hundreds of dollars 495 00:28:39.960 --> 00:28:40.920 on Godiva chocolates. 496 00:28:40.920 --> 00:28:43.800 Now it's so cheap, you can get them in a grocery store. 497 00:28:43.800 --> 00:28:45.600 But the difference in price 498 00:28:45.600 --> 00:28:48.360 between like high-end Godiva chocolates 499 00:28:48.360 --> 00:28:51.720 and like a Kit Kat bar is so significant 500 00:28:51.720 --> 00:28:55.600 that you don't typically just buy Godiva chocolates 501 00:28:55.600 --> 00:28:56.520 off the top of your mind. 502 00:28:56.520 --> 00:28:57.960 Like you're spending a good amount, 503 00:28:57.960 --> 00:28:59.280 you're spending more money, 504 00:28:59.280 --> 00:29:01.400 so you're gonna think about it before you buy it. 505 00:29:01.400 --> 00:29:03.080 Same thing with a Snell Acoustic Speaker, 506 00:29:03.080 --> 00:29:05.160 you're gonna think about it before you buy it. 507 00:29:05.160 --> 00:29:08.080 So if there's a high degree of care 508 00:29:08.080 --> 00:29:09.760 before you're gonna buy that thing, 509 00:29:09.760 --> 00:29:14.200 there's a lower level of potential infringement, 510 00:29:14.200 --> 00:29:18.040 meaning the consumer is going to be thinking 511 00:29:18.040 --> 00:29:18.880 before they buy. 512 00:29:18.880 --> 00:29:21.080 They're gonna use a high level of scrutiny. 513 00:29:21.080 --> 00:29:22.840 If they're gonna use a higher level of scrutiny 514 00:29:22.840 --> 00:29:25.520 to buy the thing because the price is higher 515 00:29:25.520 --> 00:29:26.960 or whatever the reason may be, 516 00:29:26.960 --> 00:29:30.640 then there's a lower chance of there being confusion, okay? 517 00:29:30.640 --> 00:29:32.200 Quantity of the mark. 518 00:29:33.600 --> 00:29:34.520 What this means is that 519 00:29:34.520 --> 00:29:37.280 are there a lot of other trademarks out there like it? 520 00:29:37.280 --> 00:29:38.320 And I'm gonna tell you why, 521 00:29:38.320 --> 00:29:42.560 how this all relates to you in like two minutes, okay? 522 00:29:42.560 --> 00:29:44.960 So are there a lot of other trademarks 523 00:29:44.960 --> 00:29:47.000 that have the same word? 524 00:29:47.000 --> 00:29:52.000 So let's say you're trying to use the name Smarty, right? 525 00:29:52.680 --> 00:29:55.400 So you're using Smarty for candy 526 00:29:55.400 --> 00:30:00.080 and you see there's a registration for Smarty for food. 527 00:30:00.000 --> 00:30:04.560 items, but there's a smarty fruit line, 528 00:30:04.560 --> 00:30:06.800 there's a smarty dishwasher soap, 529 00:30:06.800 --> 00:30:11.800 there's a smarty pots, smarty pans, smarty cutlery. 530 00:30:12.800 --> 00:30:15.880 There's so many things that are named smarty 531 00:30:15.880 --> 00:30:18.840 that the strength of the trademark decreases 532 00:30:18.840 --> 00:30:20.440 because there's a lot of other things 533 00:30:20.440 --> 00:30:23.500 that are named the same thing in similar areas, 534 00:30:23.500 --> 00:30:25.000 like for similar goods. 535 00:30:25.000 --> 00:30:25.840 If that's the case, 536 00:30:25.840 --> 00:30:28.400 there's a lower chance of likelihood of confusion. 537 00:30:28.400 --> 00:30:31.160 All right, these last two things I listed, 538 00:30:31.160 --> 00:30:33.080 let's go to the last one first. 539 00:30:33.080 --> 00:30:35.280 Actual confusion means somebody reached out to you 540 00:30:35.280 --> 00:30:40.280 and say, hey, you're selling smarty candies. 541 00:30:43.460 --> 00:30:46.240 Is that from the company smarty? 542 00:30:46.240 --> 00:30:48.840 I mean, that's proof that they're confused. 543 00:30:48.840 --> 00:30:50.640 That's actual confusion. 544 00:30:50.640 --> 00:30:52.640 So if somebody else, 545 00:30:52.640 --> 00:30:54.720 one of your customers reaches out to you and says, 546 00:30:54.720 --> 00:30:59.480 hey, that product with the logo that you're selling, 547 00:30:59.480 --> 00:31:03.240 I actually saw something on eBay with that same logo, 548 00:31:03.240 --> 00:31:06.360 and I bought it thinking it was your product. 549 00:31:06.360 --> 00:31:08.720 You want a copy of that communication. 550 00:31:08.720 --> 00:31:10.920 That is proof of actual confusion. 551 00:31:10.920 --> 00:31:15.120 That is the highest form of confusion proof 552 00:31:15.120 --> 00:31:17.080 that you can use in a court of law. 553 00:31:17.080 --> 00:31:18.600 So don't lose that email. 554 00:31:18.600 --> 00:31:22.120 That is the best thing you can use in a court of law, okay? 555 00:31:22.120 --> 00:31:24.560 And then finally, agreement status is, 556 00:31:25.400 --> 00:31:26.880 let's say you want to file a trademark application 557 00:31:26.880 --> 00:31:29.760 on a certain name and somebody else, 558 00:31:29.760 --> 00:31:33.880 like let's say you're going after like smarty cheese, right? 559 00:31:33.880 --> 00:31:36.800 For people that eat cheese, 560 00:31:36.800 --> 00:31:40.600 but they only eat certain type of cheese 561 00:31:40.600 --> 00:31:42.720 because they use the cheese that are good 562 00:31:42.720 --> 00:31:44.800 for certain flora within your belly. 563 00:31:44.800 --> 00:31:47.000 And so you call it smarty cheese, right? 564 00:31:47.000 --> 00:31:50.520 It's like probiotic rich cheese made from yogurt, right? 565 00:31:50.520 --> 00:31:52.600 I'm just making this up as I go along. 566 00:31:52.600 --> 00:31:54.760 And so if that's the case, 567 00:31:54.760 --> 00:31:56.280 you call it smarty cheese, right? 568 00:31:56.280 --> 00:31:59.160 Because only smart people are going to buy this thing. 569 00:31:59.160 --> 00:32:00.120 But then when you look, 570 00:32:00.120 --> 00:32:02.960 you see there's a registration for smarty bread. 571 00:32:02.960 --> 00:32:05.800 And so when you see that, 572 00:32:05.800 --> 00:32:09.160 you're a little concerned that that's a food item. 573 00:32:09.160 --> 00:32:11.080 So when you go to file a trademark application, 574 00:32:11.080 --> 00:32:12.960 you can reach out to that company and say, 575 00:32:12.960 --> 00:32:17.800 hey, I see that you have a registration for smarty bread. 576 00:32:19.080 --> 00:32:21.600 And so I'm going to be filing a trademark application 577 00:32:21.600 --> 00:32:23.000 for smarty cheese. 578 00:32:24.000 --> 00:32:24.840 And this is what it is. 579 00:32:24.840 --> 00:32:27.160 It's probiotic rich cheese. 580 00:32:27.160 --> 00:32:29.800 It's made from goat's milk, blah, blah, blah. 581 00:32:29.800 --> 00:32:32.360 You know, and so for that reason, 582 00:32:32.360 --> 00:32:34.280 I want to minimize the chances 583 00:32:34.280 --> 00:32:37.000 of my trademark application getting rejected. 584 00:32:37.000 --> 00:32:42.000 So can you sign this document saying that you are okay 585 00:32:43.240 --> 00:32:46.840 as the trademark owner of smarty for a bread line, 586 00:32:46.840 --> 00:32:50.840 you are okay with my filing a trademark for cheese 587 00:32:50.840 --> 00:32:55.600 so that I can file this agreement with the trademark office 588 00:32:55.600 --> 00:32:59.800 so that if they think of rejecting my trademark application 589 00:32:59.800 --> 00:33:01.760 because they believe there's a likelihood of confusion, 590 00:33:01.760 --> 00:33:02.920 I can say, look, 591 00:33:02.920 --> 00:33:06.280 the trademark owners themselves were okay with this. 592 00:33:06.280 --> 00:33:09.680 That's called getting an agreement beforehand. 593 00:33:10.520 --> 00:33:12.560 All right, that's very powerful. 594 00:33:12.560 --> 00:33:17.000 So if you have a certain name and you're going to, 595 00:33:17.000 --> 00:33:19.740 you want to seek legal protection for that name. 596 00:33:21.320 --> 00:33:25.680 But somebody else has a registration for that name. 597 00:33:25.680 --> 00:33:28.600 Okay, I'm going to talk about this now for a moment. 598 00:33:29.440 --> 00:33:33.120 Number one, talk to a lawyer, please talk to a lawyer. 599 00:33:33.120 --> 00:33:35.840 What I want you to do is like call somebody up 600 00:33:35.840 --> 00:33:38.240 and then become a target for a lawsuit. 601 00:33:38.240 --> 00:33:40.200 Like I do not want that. 602 00:33:40.200 --> 00:33:43.000 Okay, I spend most of my time trying to help people 603 00:33:43.000 --> 00:33:44.920 not get in trouble. 604 00:33:44.920 --> 00:33:46.120 All right, and the rest of my time 605 00:33:46.120 --> 00:33:47.800 is getting them out of trouble. 606 00:33:47.800 --> 00:33:50.720 Okay, although I do represent a bunch of people 607 00:33:51.600 --> 00:33:52.440 on the plaintiff side as well. 608 00:33:52.440 --> 00:33:57.280 But the point is that if you are going to, 609 00:33:57.280 --> 00:33:58.920 let's say you're going to go for, 610 00:34:00.160 --> 00:34:01.800 let me think of one example. 611 00:34:04.760 --> 00:34:09.000 Let's say you're going to seek legal rights for, 612 00:34:13.320 --> 00:34:14.920 let's go with a shoe line again. 613 00:34:15.920 --> 00:34:17.600 Yeah, let's say you go for a shoe line 614 00:34:17.600 --> 00:34:20.500 and it's a name that's very similar to somebody else 615 00:34:21.260 --> 00:34:22.699 who has sneakers and you get the permission from them. 616 00:34:22.699 --> 00:34:26.860 When you file the application with the trademark office, 617 00:34:26.860 --> 00:34:29.780 you can attach the agreement to the application 618 00:34:29.780 --> 00:34:31.980 and your registration, there's a higher chance 619 00:34:31.980 --> 00:34:34.820 that your registration will just fly right through. 620 00:34:34.820 --> 00:34:38.699 Meaning you'll boom, get your registration, okay? 621 00:34:38.699 --> 00:34:41.780 It increases your chances of success. 622 00:34:41.780 --> 00:34:43.340 All right, so I want to minimize the chances 623 00:34:43.340 --> 00:34:45.500 that you guys get rejections. 624 00:34:45.500 --> 00:34:46.780 And that's one of the ways you can do it 625 00:34:46.780 --> 00:34:49.620 is actually getting that agreement in place. 626 00:34:49.620 --> 00:34:51.659 Does that make sense to you guys? 627 00:34:51.659 --> 00:34:53.020 That's pretty detailed. 628 00:34:53.020 --> 00:34:54.219 What I just gave you right now 629 00:34:54.219 --> 00:34:58.020 is like unknown legal strategy. 630 00:34:58.020 --> 00:35:00.180 Like the public does not know about. 631 00:35:00.000 --> 00:35:01.600 the strategy. 632 00:35:01.600 --> 00:35:06.020 But here's what I wanna give you as a preface for that. 633 00:35:07.000 --> 00:35:09.200 What I don't want you doing is just calling up 634 00:35:09.200 --> 00:35:12.040 another party saying, hey, I'm using a trademark 635 00:35:12.040 --> 00:35:13.940 that's similar to yours. 636 00:35:13.940 --> 00:35:16.360 Is it okay if I use that? 637 00:35:16.360 --> 00:35:17.760 Are you all right with that? 638 00:35:17.760 --> 00:35:19.240 Do not do that. 639 00:35:20.680 --> 00:35:22.400 Okay, well, you didn't, Nick is laughing. 640 00:35:22.400 --> 00:35:24.080 That like, don't do that. 641 00:35:24.080 --> 00:35:25.440 Let me tell you why. 642 00:35:25.440 --> 00:35:27.240 You literally just told somebody 643 00:35:27.240 --> 00:35:29.760 that you're committing trademark infringement. 644 00:35:29.800 --> 00:35:32.900 You just like, and I know it sounds logical 645 00:35:32.900 --> 00:35:36.080 that you wouldn't do this, but I'll tell you 646 00:35:36.080 --> 00:35:39.120 kind of a crazy story. 647 00:35:40.880 --> 00:35:42.680 I've been the head of the IP department 648 00:35:42.680 --> 00:35:46.480 at a major New England law firm for like a very long time. 649 00:35:46.480 --> 00:35:50.260 I built the patent law practice there for 14 years. 650 00:35:50.260 --> 00:35:52.640 I was leading the IP group. 651 00:35:52.640 --> 00:35:53.640 For 10 of those years, 652 00:35:53.640 --> 00:35:56.480 we were the number one IP group in our state. 653 00:35:56.480 --> 00:35:58.560 I mean, we were doing really well. 654 00:35:58.560 --> 00:36:02.840 Along comes this summer intern, okay? 655 00:36:02.840 --> 00:36:06.720 This summer intern does a project for me. 656 00:36:06.720 --> 00:36:08.640 And so I figured I'd let the summer intern 657 00:36:08.640 --> 00:36:10.920 do something that I thought was pretty simple. 658 00:36:10.920 --> 00:36:15.600 I said, here's a trademark that my client wants to use. 659 00:36:15.600 --> 00:36:19.160 Here is a company that I found that has a trademark 660 00:36:19.160 --> 00:36:21.120 and that they're using it on. 661 00:36:21.120 --> 00:36:23.880 What I want you to do is I want you to determine 662 00:36:23.880 --> 00:36:26.380 whether or not they're currently using it. 663 00:36:26.380 --> 00:36:29.380 Meaning like, you know, do online research, 664 00:36:29.380 --> 00:36:30.660 see everything that you can find 665 00:36:30.660 --> 00:36:34.580 to see if they stopped using it in the last like four years. 666 00:36:34.580 --> 00:36:36.960 If they did, let me know. 667 00:36:36.960 --> 00:36:37.800 Okay. 668 00:36:38.860 --> 00:36:40.460 About a week and a half goes by. 669 00:36:42.100 --> 00:36:45.440 I get a phone call from somebody. 670 00:36:45.440 --> 00:36:48.660 And the phone call was interesting. 671 00:36:48.660 --> 00:36:50.980 It was his mentor at the law firm. 672 00:36:50.980 --> 00:36:53.360 And the mentor said, Mr. Nieves, 673 00:36:53.800 --> 00:36:57.240 I'm not sure how to tell you this, 674 00:36:57.240 --> 00:37:00.060 but I've got some bad news. 675 00:37:01.160 --> 00:37:03.960 I said, okay, well, what's the bad news? 676 00:37:03.960 --> 00:37:07.880 They said, well, you know that project 677 00:37:07.880 --> 00:37:09.160 you gave to the summer intern? 678 00:37:09.160 --> 00:37:10.000 I said, yes. 679 00:37:10.000 --> 00:37:13.640 And they said, well, we haven't been able to figure out 680 00:37:13.640 --> 00:37:17.880 why he did this, but he called up the company 681 00:37:17.880 --> 00:37:21.640 that you mentioned and said that your client 682 00:37:21.680 --> 00:37:25.080 was using their trademark and that your client 683 00:37:25.080 --> 00:37:27.320 wanted to know whether or not 684 00:37:27.320 --> 00:37:29.320 they could continue using the trademark. 685 00:37:31.880 --> 00:37:33.720 I mean, needless to say, 686 00:37:33.720 --> 00:37:37.000 the summer intern did not get a job offer, 687 00:37:37.000 --> 00:37:41.840 but it was a really good example of what not to do. 688 00:37:41.840 --> 00:37:44.360 And so in our case, it was very simple. 689 00:37:44.360 --> 00:37:47.080 The client just said, yeah, we're not gonna use it anyway. 690 00:37:47.080 --> 00:37:48.560 And the other party just said, 691 00:37:48.560 --> 00:37:49.760 oh, we wouldn't mind if they did, 692 00:37:49.760 --> 00:37:51.440 but it just made more sense 693 00:37:51.440 --> 00:37:53.200 to come up with another trademark. 694 00:37:53.200 --> 00:37:55.680 But the whole point is the second that you call 695 00:37:55.680 --> 00:37:57.360 the other party and tell them that you're committing 696 00:37:57.360 --> 00:37:59.240 trademark infringement, which is what you're doing 697 00:37:59.240 --> 00:38:02.740 if you're asking for permission to use the trademark, 698 00:38:02.740 --> 00:38:04.600 you now become a target. 699 00:38:04.600 --> 00:38:06.400 So now they're gonna be investigating you 700 00:38:06.400 --> 00:38:09.440 and they could actually claim that you committed 701 00:38:09.440 --> 00:38:13.400 willful infringement, which can triple the damages 702 00:38:13.400 --> 00:38:15.520 for any infringement that you're committing. 703 00:38:15.520 --> 00:38:17.560 So just do yourself a favor. 704 00:38:17.560 --> 00:38:19.640 If you see yourself doing a trademark, 705 00:38:20.520 --> 00:38:22.320 using a trademark that another party is using 706 00:38:22.320 --> 00:38:24.680 and you're concerned, reach out to an attorney. 707 00:38:24.680 --> 00:38:26.800 They should be able to do a pretty fast analysis 708 00:38:26.800 --> 00:38:28.880 and let you know if it's trouble or not. 709 00:38:28.880 --> 00:38:32.520 And if they determine that there is trouble, 710 00:38:32.520 --> 00:38:34.800 look, this is not legal advice. 711 00:38:34.800 --> 00:38:36.160 This is the first time I think, 712 00:38:36.160 --> 00:38:39.000 this is the first time I think I've done this in this one. 713 00:38:40.560 --> 00:38:41.400 It's not legal advice. 714 00:38:41.400 --> 00:38:43.040 It's not legal advice. 715 00:38:43.040 --> 00:38:44.720 Oh, okay, all right, so this is what happened. 716 00:38:44.720 --> 00:38:48.400 So apparently it was about nine months ago, 10 months ago, 717 00:38:48.400 --> 00:38:50.680 I was running a Protector Idea Challenge 718 00:38:50.680 --> 00:38:53.400 and people were like, 719 00:38:53.400 --> 00:38:55.800 a lot of them were running into nasty legal issues, 720 00:38:55.800 --> 00:38:57.400 like bad legal issues. 721 00:38:57.400 --> 00:38:59.560 So they were asking all these questions. 722 00:38:59.560 --> 00:39:02.600 Like you see in the chat, oh my gosh, I got sued for this. 723 00:39:02.600 --> 00:39:04.080 I got in trouble for that. 724 00:39:04.080 --> 00:39:05.400 This is really bad because of this. 725 00:39:05.400 --> 00:39:07.000 This is bad because of that. 726 00:39:07.000 --> 00:39:10.200 So I felt really obligated to try to help them 727 00:39:10.200 --> 00:39:11.240 because that's just who I am. 728 00:39:11.240 --> 00:39:13.280 So I started saying over and over, 729 00:39:13.280 --> 00:39:14.520 well, this isn't legal advice, 730 00:39:14.520 --> 00:39:16.040 but this is what happens in this scenario. 731 00:39:16.040 --> 00:39:17.040 This isn't legal advice, 732 00:39:17.040 --> 00:39:18.760 but that's what happens in that scenario. 733 00:39:18.760 --> 00:39:21.080 This isn't illegal advice because of this. 734 00:39:21.080 --> 00:39:21.960 And then all of a sudden, 735 00:39:21.960 --> 00:39:24.160 every time I said, this is not legal advice, 736 00:39:24.160 --> 00:39:25.640 everybody would be drinking. 737 00:39:26.560 --> 00:39:27.800 And I said, what? 738 00:39:27.800 --> 00:39:29.360 And everybody started laughing. 739 00:39:29.360 --> 00:39:31.120 Like, and I didn't know what was going on. 740 00:39:31.120 --> 00:39:32.520 The chat was like lit. 741 00:39:32.520 --> 00:39:36.280 There were like a hundred things going on in chat. 742 00:39:36.280 --> 00:39:38.400 And I'm like, what is going on? 743 00:39:38.400 --> 00:39:40.600 And then Larissa, who was on, she's like, 744 00:39:40.600 --> 00:39:43.080 apparently you've been saying this is not legal advice 745 00:39:43.080 --> 00:39:45.440 so much that it's turned into a drinking game. 746 00:39:45.440 --> 00:39:47.760 So every time that you say this is not legal advice 747 00:39:47.760 --> 00:39:49.600 to people in the audience, the drinking, 748 00:39:49.600 --> 00:39:51.200 we just don't know what they're drinking 749 00:39:51.200 --> 00:39:53.800 and they're getting more silly as the game's going on. 750 00:39:53.800 --> 00:39:56.200 So we kind of have an idea of what they're drinking 751 00:39:56.200 --> 00:39:57.200 is probably not water. 752 00:39:57.200 --> 00:40:00.000 So in any case, I just drink. 753 00:40:00.000 --> 00:40:02.840 water, but that's why every time I say 754 00:40:02.840 --> 00:40:03.960 this is not legal advice, 755 00:40:03.960 --> 00:40:05.320 that's why people start drinking. 756 00:40:05.320 --> 00:40:08.120 So now they know the story, right? 757 00:40:08.120 --> 00:40:09.980 All right, so in your case, 758 00:40:09.980 --> 00:40:11.800 if you see that there is a potential issue, 759 00:40:11.800 --> 00:40:12.760 a trademark infringement, 760 00:40:12.760 --> 00:40:15.520 I'm gonna show you a tool that you can use 761 00:40:15.520 --> 00:40:18.600 that a lot of people don't know about. 762 00:40:18.600 --> 00:40:20.260 This is one of my favorite tools. 763 00:40:21.600 --> 00:40:25.040 It's called the Wayback Machine. 764 00:40:27.240 --> 00:40:28.840 Link is in the chat for you. 765 00:40:28.840 --> 00:40:30.240 Okay, so here's the thing. 766 00:40:30.240 --> 00:40:31.440 I didn't make this up. 767 00:40:31.440 --> 00:40:34.040 This isn't like from back from the future like this 768 00:40:34.040 --> 00:40:35.560 or back to the future. 769 00:40:35.560 --> 00:40:37.160 This is an actual thing. 770 00:40:37.160 --> 00:40:39.180 It was created by MIT. 771 00:40:39.180 --> 00:40:40.540 It's called the Wayback Machine. 772 00:40:40.540 --> 00:40:42.760 I'm gonna show you what it is. 773 00:40:42.760 --> 00:40:46.540 And you guys can use this at any time. 774 00:40:47.960 --> 00:40:50.800 Let me just open this thing over here and share it. 775 00:40:55.780 --> 00:40:57.200 You can use this to determine 776 00:40:57.840 --> 00:40:59.080 what your customers are doing 777 00:40:59.080 --> 00:41:02.480 or what your opposition is doing. 778 00:41:02.480 --> 00:41:04.200 It's pretty handy stuff. 779 00:41:04.200 --> 00:41:06.920 So here is, where is it? 780 00:41:06.920 --> 00:41:08.640 There it is, Wayback Machine. 781 00:41:08.640 --> 00:41:10.180 Okay, here we go. 782 00:41:10.180 --> 00:41:12.320 Okay, this is the Wayback Machine. 783 00:41:12.320 --> 00:41:14.880 It was created by MIT. 784 00:41:14.880 --> 00:41:19.080 It basically is a massive catalog 785 00:41:19.080 --> 00:41:22.960 of all the websites that are out there, okay? 786 00:41:22.960 --> 00:41:27.400 So you can put it in the URL of a website 787 00:41:27.400 --> 00:41:31.800 and look at their websites going back multiple years. 788 00:41:31.800 --> 00:41:34.580 So if I wanted to look at like Domino's, 789 00:41:36.800 --> 00:41:39.740 I'd say I wanna do dominoes.com, dominoes.com. 790 00:41:41.000 --> 00:41:43.820 Okay, so here's dominoes.com. 791 00:41:43.820 --> 00:41:45.360 Do you see how the screen is showing you 792 00:41:45.360 --> 00:41:48.320 all of these different years? 793 00:41:48.320 --> 00:41:50.960 These are all the different years of their website. 794 00:41:50.960 --> 00:41:54.760 So if you're looking at using a certain name 795 00:41:54.760 --> 00:41:56.800 and you know that another party has used that name, 796 00:41:56.800 --> 00:41:58.880 you wanna determine if they're still using it. 797 00:41:58.880 --> 00:42:00.560 One of the things you can do is if you know 798 00:42:00.560 --> 00:42:04.600 they're using 2017, then you can look at them in 2018. 799 00:42:04.600 --> 00:42:07.680 And then just grab one of these dates here. 800 00:42:07.680 --> 00:42:10.840 And when you do, if you notice that where the website 801 00:42:10.840 --> 00:42:15.840 was listed before, the website's no longer listed, 802 00:42:15.920 --> 00:42:18.160 then that increases the, oh, what happened? 803 00:42:19.160 --> 00:42:20.000 Redirecting to your account. 804 00:42:20.000 --> 00:42:21.000 It says it's loading. 805 00:42:21.000 --> 00:42:22.200 Oh, okay, it's loading. 806 00:42:25.720 --> 00:42:27.920 Let's get rid of this donation thing here. 807 00:42:27.920 --> 00:42:29.800 I feel like I should be paying them now 808 00:42:29.800 --> 00:42:32.440 because I show off their stuff all the time. 809 00:42:32.440 --> 00:42:33.400 It's still loading. 810 00:42:34.480 --> 00:42:36.320 They should be paying you. 811 00:42:36.320 --> 00:42:38.520 Yeah, I know for marketing them at this point. 812 00:42:38.520 --> 00:42:40.600 But basically you can look at the website 813 00:42:40.600 --> 00:42:44.160 of any of your customers, your opposition, 814 00:42:44.160 --> 00:42:46.720 even your own prior versions of your website. 815 00:42:46.720 --> 00:42:48.600 They're all stored here. 816 00:42:48.600 --> 00:42:50.800 I'm not sure why it's taking so long though. 817 00:42:52.560 --> 00:42:54.040 Might be your screen share. 818 00:42:54.040 --> 00:42:56.120 Maybe turn it off, turn it back on. 819 00:42:56.120 --> 00:42:57.960 It could be, let's see. 820 00:43:00.240 --> 00:43:01.080 Yeah, I can do that. 821 00:43:01.080 --> 00:43:02.680 Let me see. 822 00:43:02.680 --> 00:43:03.880 Stop the screen share. 823 00:43:07.360 --> 00:43:09.120 Just wanted to show you one example of it 824 00:43:09.120 --> 00:43:10.600 so you could see what this looks like. 825 00:43:10.600 --> 00:43:11.440 It's pretty neat. 826 00:43:17.600 --> 00:43:19.840 I'm not sure why I can't grab it right now. 827 00:43:21.040 --> 00:43:22.080 It's not showing it. 828 00:43:23.360 --> 00:43:24.200 It's kind of funny. 829 00:43:24.200 --> 00:43:26.400 It's the first time it's ever done that. 830 00:43:26.400 --> 00:43:28.360 I'll try another site instead of Domino's. 831 00:43:28.360 --> 00:43:32.360 Let's go to, let's do it here. 832 00:43:36.360 --> 00:43:38.520 This site is such a fantastic resource too 833 00:43:38.520 --> 00:43:40.720 because we actually just got to use this 834 00:43:40.720 --> 00:43:42.960 when we were helping one of our clients the other day, 835 00:43:42.960 --> 00:43:44.920 one of our members. 836 00:43:45.760 --> 00:43:48.760 Yeah, they actually determined that the party 837 00:43:48.760 --> 00:43:51.760 that they were concerned about 838 00:43:51.760 --> 00:43:53.760 actually was no longer using the trademark. 839 00:43:53.760 --> 00:43:54.600 Here we go. 840 00:43:54.600 --> 00:43:55.440 Now it works. 841 00:43:55.440 --> 00:43:56.480 All right, let me share. 842 00:43:56.480 --> 00:44:00.240 I had to change the browser so people could see it. 843 00:44:00.240 --> 00:44:02.800 It looks like it works better in Chrome. 844 00:44:02.800 --> 00:44:07.800 So here you can see, this is the website for Domino's 845 00:44:08.000 --> 00:44:11.720 in 2015, July 9th, 2015. 846 00:44:12.000 --> 00:44:13.840 July 9th, 2015. 847 00:44:15.000 --> 00:44:15.840 You see that? 848 00:44:15.840 --> 00:44:19.160 So now you can actually see exactly what they had 849 00:44:19.160 --> 00:44:22.600 on their site, which is, that's pretty incredible 850 00:44:22.600 --> 00:44:24.480 that you can do that. 851 00:44:24.480 --> 00:44:28.260 And then you can even check the links and see what's there. 852 00:44:29.520 --> 00:44:31.640 It looks like it's loading up again. 853 00:44:32.920 --> 00:44:34.560 But the link has been dropped for you. 854 00:44:34.560 --> 00:44:36.440 You can use it as a resource so you can check 855 00:44:36.440 --> 00:44:39.120 into what other people are doing on their sites. 856 00:44:40.080 --> 00:44:41.880 Like here's the coupon stuff right there. 857 00:44:41.880 --> 00:44:44.680 Any delivery charge is not to pay. 858 00:44:44.680 --> 00:44:46.200 Please reward your, blah, blah, blah. 859 00:44:46.200 --> 00:44:48.520 Drivers carry less than $20, blah, blah, blah. 860 00:44:48.520 --> 00:44:51.080 But anyways, this is the page that was associated 861 00:44:51.080 --> 00:44:54.520 with coupons back then. 862 00:44:54.520 --> 00:44:55.680 So it's still loading. 863 00:44:55.680 --> 00:44:58.200 So it's a resource that you can use 864 00:44:58.200 --> 00:45:00.400 if you're trying to learn more information. 865 00:45:00.000 --> 00:45:01.320 about a certain party, okay? 866 00:45:01.320 --> 00:45:03.640 So it's called the Wayback Machine. 867 00:45:03.640 --> 00:45:05.360 The reason why it's important is that 868 00:45:05.360 --> 00:45:06.960 if you do a trademark search 869 00:45:06.960 --> 00:45:09.120 and you see another party is using that trademark 870 00:45:09.120 --> 00:45:11.600 and you wanna determine if you can use it, 871 00:45:11.600 --> 00:45:14.060 like if they have a registration, 872 00:45:14.060 --> 00:45:16.840 they need to renew their registration every five years, 873 00:45:16.840 --> 00:45:17.680 right? 874 00:45:17.680 --> 00:45:20.640 But if you don't know if they're using it currently, 875 00:45:20.640 --> 00:45:24.360 use the Wayback Machine and now look to see, 876 00:45:24.360 --> 00:45:26.720 okay, they had it on their website six years ago, 877 00:45:26.720 --> 00:45:29.720 but then four years ago, it stopped being on their website. 878 00:45:29.720 --> 00:45:32.160 There's a higher chance that they're not using it. 879 00:45:32.160 --> 00:45:34.640 And so those are things you can do in your analysis 880 00:45:34.640 --> 00:45:35.840 to determine whether or not 881 00:45:35.840 --> 00:45:38.080 there's potentially a legal issue. 882 00:45:38.080 --> 00:45:41.880 But please, please, please, please speak to your lawyers, 883 00:45:41.880 --> 00:45:43.780 like let them know what's going on. 884 00:45:43.780 --> 00:45:46.280 Let them know that you're concerned 885 00:45:46.280 --> 00:45:48.840 about whatever the situation is 886 00:45:48.840 --> 00:45:52.240 before you start actually using a trademark 887 00:45:52.240 --> 00:45:55.080 that you know potentially infringes 888 00:45:55.080 --> 00:45:57.400 somebody else's trademarks, okay? 889 00:45:57.400 --> 00:45:59.080 And with that, let me do this. 890 00:45:59.440 --> 00:46:01.720 I'm gonna do something that I don't usually do, 891 00:46:01.720 --> 00:46:04.760 but I'm gonna take two questions. 892 00:46:04.760 --> 00:46:05.880 I want you guys to get an idea 893 00:46:05.880 --> 00:46:08.160 of what actually happens in VIP. 894 00:46:08.160 --> 00:46:10.480 So I'm gonna take two questions. 895 00:46:10.480 --> 00:46:11.880 If anybody has a question on anything 896 00:46:11.880 --> 00:46:14.200 that I've covered today or yesterday, 897 00:46:15.920 --> 00:46:17.760 you can raise your virtual hand now 898 00:46:17.760 --> 00:46:18.720 and I'll answer your question. 899 00:46:18.720 --> 00:46:21.160 So you guys can see what happens in VIP. 900 00:46:21.160 --> 00:46:23.120 This way, if you guys are interested in VIP, 901 00:46:23.120 --> 00:46:24.320 you guys can jump in there. 902 00:46:24.320 --> 00:46:26.200 So let's see. 903 00:46:26.200 --> 00:46:27.800 If you need to raise your virtual hand, 904 00:46:27.800 --> 00:46:29.200 you go to the reactions bar 905 00:46:29.200 --> 00:46:31.560 down in the bottom of the navigation menu 906 00:46:31.560 --> 00:46:32.600 and it'll allow you, 907 00:46:32.600 --> 00:46:34.160 it'll give you the option to raise your hand. 908 00:46:34.160 --> 00:46:35.760 I get nervous when Peter says that 909 00:46:35.760 --> 00:46:39.440 because it usually means he's creating more things for you. 910 00:46:40.360 --> 00:46:43.400 But he's like, I'm doing something I've never done before. 911 00:46:43.400 --> 00:46:46.540 All right, so let me do, Jacob, go right ahead. 912 00:46:53.000 --> 00:46:55.080 You gotta unmute my friend. 913 00:46:55.080 --> 00:46:57.640 Okay, so my question is, 914 00:46:57.640 --> 00:47:02.160 is you were saying that you can't use a descriptive 915 00:47:02.160 --> 00:47:05.720 within your yesterday about in your name. 916 00:47:05.720 --> 00:47:07.760 And I asked in the chat, 917 00:47:07.760 --> 00:47:11.640 but then they said, hey, this is VIP question. 918 00:47:11.640 --> 00:47:13.360 It's like coffee bean, 919 00:47:14.640 --> 00:47:17.480 how they use coffee bean and loose leaf tea. 920 00:47:18.400 --> 00:47:20.480 And it's a description of their product, 921 00:47:20.480 --> 00:47:21.900 but it's also their name. 922 00:47:22.900 --> 00:47:26.740 Yeah, so it comes down to, 923 00:47:26.740 --> 00:47:28.300 in your trademark, 924 00:47:28.300 --> 00:47:30.180 there needs to be something that's distinctive 925 00:47:30.180 --> 00:47:31.740 and not descriptive, right? 926 00:47:31.740 --> 00:47:33.020 So in your trademark, 927 00:47:33.020 --> 00:47:34.060 you could have something 928 00:47:34.060 --> 00:47:35.660 that is considered to be descriptive, 929 00:47:35.660 --> 00:47:40.100 but that's not gonna result in you getting a registration. 930 00:47:40.100 --> 00:47:42.640 So you can have descriptive portion as an example, 931 00:47:43.540 --> 00:47:45.700 ABC Corporation, right? 932 00:47:45.700 --> 00:47:48.860 Or ABC Industries. 933 00:47:48.940 --> 00:47:52.380 Like ABC is a creative part. 934 00:47:52.380 --> 00:47:54.220 Industries is descriptive. 935 00:47:54.220 --> 00:47:55.260 Or if you say, 936 00:47:56.700 --> 00:48:00.060 let's say as an example, 937 00:48:00.060 --> 00:48:03.680 frosty produce, right? 938 00:48:03.680 --> 00:48:08.100 So frosty would be the distinctive word 939 00:48:08.100 --> 00:48:10.140 that can be utilized as part of the trademark. 940 00:48:10.140 --> 00:48:12.260 But if you always use it as frosty produce, 941 00:48:12.260 --> 00:48:15.120 frosty produce, you never use frosty alone, 942 00:48:15.120 --> 00:48:17.620 then your registration is gonna be for frosty produce 943 00:48:17.620 --> 00:48:19.820 because you're never using frosty alone. 944 00:48:19.820 --> 00:48:20.780 So for that reason, 945 00:48:20.780 --> 00:48:22.920 your trademark becomes frosty produce, 946 00:48:22.920 --> 00:48:26.180 but the word produce is really descriptive, right? 947 00:48:26.180 --> 00:48:28.940 So that part of the word you can't own alone. 948 00:48:28.940 --> 00:48:32.220 You can't own a merely descriptive trademark, 949 00:48:32.220 --> 00:48:36.420 but there could be a descriptive word in your trademark. 950 00:48:36.420 --> 00:48:37.260 Does that make sense? 951 00:48:37.260 --> 00:48:39.980 So frosty produce, 952 00:48:39.980 --> 00:48:43.380 obviously, if you're using it for a produce company, 953 00:48:43.380 --> 00:48:45.660 produce is descriptive, 954 00:48:45.660 --> 00:48:48.820 but frosty clearly is not unless you're like, 955 00:48:50.940 --> 00:48:55.940 in like a winter thaw or a winter situation, 956 00:48:56.420 --> 00:48:57.780 and you have some kind of produce company, 957 00:48:57.780 --> 00:49:01.260 but predominantly it's not gonna be a descriptive term. 958 00:49:01.260 --> 00:49:04.060 So if you say frosty produce, that's fine, 959 00:49:04.060 --> 00:49:05.440 even though one of the words 960 00:49:05.440 --> 00:49:07.480 in the description is descriptive. 961 00:49:07.480 --> 00:49:08.320 It just can't be, 962 00:49:08.320 --> 00:49:10.580 your whole trademark cannot be descriptive. 963 00:49:10.580 --> 00:49:12.180 There needs to be at least one part of it 964 00:49:12.180 --> 00:49:15.020 that's distinctive, either suggestive 965 00:49:15.180 --> 00:49:16.500 or distinctive in another way. 966 00:49:16.500 --> 00:49:18.340 Your entire trademark can't be descriptive. 967 00:49:18.340 --> 00:49:19.300 Otherwise you're dead. 968 00:49:19.300 --> 00:49:20.660 Like that won't work. 969 00:49:20.660 --> 00:49:23.300 Thanks, because the reason I asked this 970 00:49:23.300 --> 00:49:25.480 was when I did my homework 971 00:49:25.480 --> 00:49:29.080 and how you said if you're trying to do a company name 972 00:49:29.080 --> 00:49:31.740 with multiple words, search each word first, 973 00:49:31.740 --> 00:49:33.900 then search the group together. 974 00:49:34.820 --> 00:49:39.340 And like each word had individually had 975 00:49:39.340 --> 00:49:42.580 so many people had it within their name. 976 00:49:42.580 --> 00:49:44.540 Right, that's one of the reasons why I said 977 00:49:45.060 --> 00:49:45.900 when you do the search, 978 00:49:45.900 --> 00:49:47.940 and this is why I wanted you guys to, 979 00:49:47.940 --> 00:49:49.420 just so everybody understands, 980 00:49:49.420 --> 00:49:51.360 this was the first time ever 981 00:49:51.360 --> 00:49:54.660 I had people do a search on day one as homework. 982 00:49:54.660 --> 00:49:56.460 And the reason why is because of this. 983 00:49:56.460 --> 00:49:57.780 I wanted people to try it out 984 00:49:57.780 --> 00:49:59.460 and now you got all week to keep trying it 985 00:49:59.460 --> 00:50:00.300 and keep asking. 986 00:50:00.000 --> 00:50:05.600 questions and I can keep answering, right? So here's the situation is that one of the things I 987 00:50:05.600 --> 00:50:09.680 said when you do the search is realize that if you search certain words that are just descriptive 988 00:50:09.680 --> 00:50:16.000 you're going to get a million results, right? So if you search for the word like bean, coffee, the, 989 00:50:16.560 --> 00:50:22.080 you know, like there's trademarks to have like the word the end is actually like a trademark. 990 00:50:22.080 --> 00:50:28.000 Somebody owns the end, right? And I think it's a moving company, right? So, you know, if you search 991 00:50:28.000 --> 00:50:34.480 for the word the, you're going to get a ridiculous number of results. So when it's a very descriptive 992 00:50:34.480 --> 00:50:39.600 term, it doesn't even make a lot of sense to search that term alone because you're just going 993 00:50:39.600 --> 00:50:44.560 to get a ton of results which aren't going to be very productive. So that's why you've got to put 994 00:50:44.560 --> 00:50:48.960 what I always say when I do a search is I look for the part that is not descriptive, 995 00:50:48.960 --> 00:50:53.040 that's distinctive, and I search for that part alone. So if there's three words, let's say it's 996 00:50:53.040 --> 00:51:00.160 called the end moving. Let's say that's it, right? If I search for moving, I know I'm going 997 00:51:00.160 --> 00:51:05.360 to get a ton of stuff. If I search for the, I know I'm going to get a ton of stuff. I might search 998 00:51:05.360 --> 00:51:12.960 for the word end because end is not descriptive of moving, right? Like that's just not a 999 00:51:12.960 --> 00:51:18.560 descriptive term of a moving company. So I'll search for the word end associated with moving 1000 00:51:18.560 --> 00:51:23.840 companies. And if I see that there's nothing like that, or if I see there's a lot like that, 1001 00:51:23.840 --> 00:51:30.480 then I might search for like, well, actually, if I get that alone, then I know I'm in trouble. 1002 00:51:30.480 --> 00:51:34.880 So let me do a sample for you guys. I'll go on the USPTO website now. 1003 00:51:36.400 --> 00:51:41.760 While you're doing that, like, do you want me to say what I searched or no? 1004 00:51:43.040 --> 00:51:47.920 As long as it's not your personal one, because I don't want you disclosing your own personal stuff. 1005 00:51:47.920 --> 00:51:54.800 Okay. I don't know everyone and I don't want, I saw something horrible happen once 1006 00:51:54.800 --> 00:52:00.560 in somebody else's live where somebody grabbed what they said. And I'm not saying anybody here 1007 00:52:00.560 --> 00:52:05.360 would do this, but it was a horrible situation. And I don't want that happening in one of my lives. 1008 00:52:05.360 --> 00:52:11.360 So rather you guys don't get in trouble. So let's see end. And then if I look up, I'll say moving. 1009 00:52:11.840 --> 00:52:19.440 Okay, so I'm going to do a sample search for everybody. And VIP, again, we go into this way 1010 00:52:19.440 --> 00:52:24.240 more detail. And actually, this communication that I'm doing right now with Jacob is an example of 1011 00:52:24.240 --> 00:52:29.200 what we do in VIP. That's why I wanted you guys to see this is what we actually do there. We take 1012 00:52:29.200 --> 00:52:34.080 the situation, we analyze it. So I take the word end, I'm going to put it on their non punctuated 1013 00:52:34.160 --> 00:52:39.920 I'm going to put it on their non punctuated word mark. I'm going to say and, and then it's 1014 00:52:39.920 --> 00:52:46.800 for moving. Let's say that's the services. Let's see if anything comes up. Oh, there's five. 1015 00:52:48.240 --> 00:52:55.760 So there's something called this end up. Loose ends. I don't see the end. There's one that's 1016 00:52:55.760 --> 00:53:00.240 called the end. Unless they don't have a federal registration on anymore. Let me just see. 1017 00:53:00.880 --> 00:53:03.600 I'm going to just get rid of this year. 1018 00:53:07.200 --> 00:53:08.960 See what comes up the end. 1019 00:53:14.880 --> 00:53:22.240 393 records. So let's look for the end as the only trademark, full mark. 1020 00:53:24.080 --> 00:53:29.280 No registrations for the end. So that means that moving company is using the end without having a 1021 00:53:29.280 --> 00:53:34.960 federal registration on it, which is interesting. So they have certain legal rights under common law, 1022 00:53:34.960 --> 00:53:43.200 but they don't, but they don't have a federal registration. So let's just look under non 1023 00:53:43.200 --> 00:53:49.440 punctuated word mark. Let's just look at this, the end. Okay. So the end of humanity. Oh, that's 1024 00:53:49.440 --> 00:53:56.160 comforting. Okay. Let's, let's move down on this. Let's look at some of these other ones, the end 1025 00:53:56.160 --> 00:54:05.040 all let's look at when that's a registration. The end starts with you, the end. Okay. Let's use this 1026 00:54:05.040 --> 00:54:14.320 one. The end of 2,448 miles. That's very, very descriptive, but I wouldn't search for the, 1027 00:54:14.320 --> 00:54:21.200 I wouldn't search for of, I probably wouldn't search for depending on the group, the international 1028 00:54:21.200 --> 00:54:29.360 class. Let's see, this is for shirts. Okay. So since it's for shirts, I probably would look for 1029 00:54:29.360 --> 00:54:34.640 the word miles. I probably would look for the word end. And the way I would do the search 1030 00:54:35.280 --> 00:54:40.080 in that case is I would go back here. I'm giving you guys a live example of what I would do 1031 00:54:40.080 --> 00:54:46.080 personally. And you guys get the video. So you'll, you'll be able to watch it. I would do international 1032 00:54:46.080 --> 00:54:54.400 class 25. And I would look for the word end. And I would say and as the operator 1033 00:54:56.480 --> 00:54:59.920 and submit query, I got 437 results. 1034 00:55:00.000 --> 00:55:04.260 now. Now I can look and see if I'm creating a t-shirt company, 1035 00:55:04.260 --> 00:55:08.340 you know, with the word end, like the end or something else 1036 00:55:08.340 --> 00:55:11.680 and I would look through these results and see is there 1037 00:55:11.680 --> 00:55:14.700 anything similar to what I've got there. So that's kind of how 1038 00:55:14.700 --> 00:55:18.820 I break it down. All right, let me go over to Joyce. I'll take 1039 00:55:18.820 --> 00:55:20.580 your question. And then I'm going to jump back into the 1040 00:55:20.580 --> 00:55:23.940 training for like five more minutes. And then we'll end here 1041 00:55:23.940 --> 00:55:25.700 and tomorrow we're going to jump into the copyrights. 1042 00:55:26.000 --> 00:55:27.880 Um, hold on one second. 1043 00:55:28.120 --> 00:55:31.080 I would do you want me because I just got an example from my 1044 00:55:31.600 --> 00:55:38.600 homework. And it was really interesting. Can you hear me? 1045 00:55:39.020 --> 00:55:41.640 Yeah, you're fading in and out. But go ahead. 1046 00:55:41.800 --> 00:55:45.440 All right. Let me see. Can you hear me now? 1047 00:55:45.760 --> 00:55:46.520 Yeah, go ahead. 1048 00:55:47.000 --> 00:55:53.720 Okay. Um, and I so say my search was on blankety blank. Like 1049 00:55:53.720 --> 00:56:00.780 blankety blank, right? So I came up with 1226 records 1050 00:56:00.780 --> 00:56:06.980 found. And then I went through all of them. And I didn't find 1051 00:56:06.980 --> 00:56:15.300 but one, it's not the same goods and services as mine. And it had 1052 00:56:15.440 --> 00:56:19.940 other words like blankety blank, show your skin grace with this 1053 00:56:19.940 --> 00:56:24.080 example. Like their their trademark is blankety blank, 1054 00:56:24.080 --> 00:56:27.200 show your skin grace. You know, because I'm not saying my 1055 00:56:27.200 --> 00:56:27.840 product name. 1056 00:56:29.240 --> 00:56:29.800 You follow me? 1057 00:56:30.240 --> 00:56:31.600 Yes. What's your question? 1058 00:56:32.080 --> 00:56:34.680 Well, I was just giving an example because now you're 1059 00:56:34.680 --> 00:56:40.440 saying what I and there was not anywhere. Just blankety blank. 1060 00:56:41.040 --> 00:56:45.800 My two words were not linked in all of the in the hundred, you 1061 00:56:45.800 --> 00:56:51.920 know, the 1226 records. So then is it safe to say that that my 1062 00:56:51.940 --> 00:56:57.220 blankety blank application or, you know, getting a, you know, 1063 00:56:57.220 --> 00:56:58.180 filing it with you? 1064 00:57:00.540 --> 00:57:04.040 I'm not following your question. But alright, so if I have a 1065 00:57:04.040 --> 00:57:08.180 trademark, and the trademark is, let's say two words, and when I 1066 00:57:08.180 --> 00:57:11.720 do a search, those two words are part of somebody else's federal 1067 00:57:11.720 --> 00:57:16.100 registration, that has more than two words, then that's a 1068 00:57:16.100 --> 00:57:19.060 concern, I can't get a federal registration for part of 1069 00:57:19.060 --> 00:57:23.060 somebody else's registration. Somebody owns like Microsoft 1070 00:57:23.060 --> 00:57:26.360 Word, I can't file a trademark application for Microsoft, for 1071 00:57:26.360 --> 00:57:29.020 similar goods, that's not going to be allowed, that will get a 1072 00:57:29.020 --> 00:57:30.620 likelihood of confusion rejection. 1073 00:57:31.060 --> 00:57:34.260 It means that it's not anywhere near the same goods and 1074 00:57:34.260 --> 00:57:35.100 services. 1075 00:57:35.860 --> 00:57:38.620 Well, if that's the case, that's like the Apple Apple example 1076 00:57:38.620 --> 00:57:45.240 that I gave. So if, if I'm going for Apple, for cell phones, 1077 00:57:45.600 --> 00:57:48.560 right, then I can get a registration for Apple. But 1078 00:57:48.560 --> 00:57:55.360 let's say I have a I have a moving company, right, since we 1079 00:57:55.360 --> 00:57:59.160 talked about moving company, and I want to own the name Apple, I 1080 00:57:59.160 --> 00:58:01.780 can own the name Apple for a moving company has nothing to do 1081 00:58:01.780 --> 00:58:05.740 with cell phones. Like they're not even related. Okay, so like 1082 00:58:06.120 --> 00:58:06.940 example, 1083 00:58:07.040 --> 00:58:10.520 yeah, right, exactly. Like you have to look, look at that those 1084 00:58:10.520 --> 00:58:13.320 factors, there's all those factors that determine 1085 00:58:13.320 --> 00:58:16.660 likelihood of confusion. Does it look the same? Does it sound the 1086 00:58:16.660 --> 00:58:20.400 same? Are they similar goods and services? Would the people buy 1087 00:58:20.400 --> 00:58:23.800 those services or goods in a similar place? Like you look at 1088 00:58:23.800 --> 00:58:27.960 every one of those one by one by one to see, am I concerned about 1089 00:58:27.960 --> 00:58:32.000 this? If I'm making like ice cube trays, and they're making 1090 00:58:32.000 --> 00:58:34.920 microchip fabrication, you know, they're doing microchip 1091 00:58:34.940 --> 00:58:38.460 fabrication. They've got nothing to do with each other. 1092 00:58:38.660 --> 00:58:42.260 Now, the the area where that changes is if the trademarks 1093 00:58:42.300 --> 00:58:46.820 famous, if the trend I'm telling you guys, stay away from famous 1094 00:58:46.820 --> 00:58:50.100 trademarks. I've had people come through this training before, 1095 00:58:50.420 --> 00:58:53.260 and believe that they've gotten so smart that they're gonna beat 1096 00:58:53.260 --> 00:58:56.820 the system. And they go out there and they're like, I've got 1097 00:58:56.820 --> 00:59:01.980 Burger King t shirts. Like, yeah, no, or I've got like, this 1098 00:59:01.980 --> 00:59:06.400 is McDonald's toilet paper. It's like, yeah, no, you're 1099 00:59:06.400 --> 00:59:09.600 gonna run into problem because it's a famous trademark. Like 1100 00:59:09.600 --> 00:59:13.080 that's a poopy idea. Don't go after McDonald's toilet paper, 1101 00:59:13.080 --> 00:59:17.400 right? It's this is a bad idea. Stay away from that stuff. Okay, 1102 00:59:17.400 --> 00:59:23.220 so the point being, if it's famous, stay away. You got even 1103 00:59:23.220 --> 00:59:26.240 if you got a good lawyer like myself, it's not worth the legal 1104 00:59:26.240 --> 00:59:28.860 battle. Just you're gonna spend a lot of time and money for 1105 00:59:28.860 --> 00:59:32.840 nothing. Okay. Now, the area where you can make a lot of 1106 00:59:32.840 --> 00:59:35.960 money is when you look for things that have expired. 1107 00:59:36.720 --> 00:59:39.960 Tomorrow, we're going to be talking about copyrights. If you 1108 00:59:39.960 --> 00:59:42.560 want to look at something where you can make a ridiculous amount 1109 00:59:42.560 --> 00:59:45.680 of money, find the copyrights that expired, and just sell 1110 00:59:45.680 --> 00:59:48.880 those like crazy. Like just look for the things that have 1111 00:59:48.880 --> 00:59:52.680 expired. And then like the Mona Lisa, that thing's expired. You 1112 00:59:52.680 --> 00:59:56.520 can put it on anything you want. And and there's no issues, like 1113 00:59:56.520 --> 01:00:00.500 find things where the copyright is old. 1114 01:00:00.000 --> 01:00:03.960 for like Winnie the Pooh, like the original Popeye, like other 1115 01:00:03.960 --> 01:00:09.080 things like that. Don't go out there and use Shazam. Don't use 1116 01:00:09.080 --> 01:00:12.560 Spider Man. Don't use Superman. Don't don't use any of those 1117 01:00:12.600 --> 01:00:15.920 you'll run into big problems. Find the ones that have expired 1118 01:00:15.960 --> 01:00:22.760 and then you can open up an entire market place. So just be 1119 01:00:22.760 --> 01:00:26.400 careful about that. All right. Ray, I think I hate to do this, 1120 01:00:26.400 --> 01:00:31.920 but I think I'm going to push it to tomorrow. Oh, okay. Is it 1121 01:00:31.920 --> 01:00:32.640 going to be going up? 1122 01:00:32.640 --> 01:00:35.120 I'm not sure if you saw this. Sorry, what was that? I can fix 1123 01:00:35.120 --> 01:00:36.040 it. It's tomorrow. 1124 01:00:38.520 --> 01:00:40.400 All right, I'll tell you what, let me do a preview for you 1125 01:00:40.400 --> 01:00:44.600 guys. I'll do the preview for you guys anyway. All right. In 1126 01:00:44.600 --> 01:00:47.320 case you guys haven't figured it out, what we've talked about so 1127 01:00:47.320 --> 01:00:53.560 far is a fraction of the number of IP issues that exist in this 1128 01:00:53.560 --> 01:00:57.680 world. There's a remarkable number of different things. My 1129 01:00:57.680 --> 01:01:01.440 intent is to make you guys familiar with this enough so 1130 01:01:01.440 --> 01:01:04.600 that you know that there's an issue. You may not understand 1131 01:01:04.600 --> 01:01:08.240 what the issue is, but something inside of you goes, you know 1132 01:01:08.240 --> 01:01:10.760 what, I'm going to a trade show and we're talking about our new 1133 01:01:10.760 --> 01:01:14.320 invention and Peter mentioned something about statutory bars. 1134 01:01:15.320 --> 01:01:19.960 Before you guys leave for this trade show, we need to consult 1135 01:01:19.960 --> 01:01:22.400 an attorney or we need to talk a little bit about what you're 1136 01:01:22.400 --> 01:01:25.400 going to disclose because we don't want to lose our invention 1137 01:01:25.840 --> 01:01:29.120 or, you know, we're going to hire somebody from GoDaddy to 1138 01:01:29.120 --> 01:01:32.280 create a new logo for us. Hey, make sure you assign all right 1139 01:01:32.280 --> 01:01:34.840 title and interest over to my entity. Otherwise, they're going 1140 01:01:34.840 --> 01:01:38.240 to make me pay a royalty forever. Right? Like these are 1141 01:01:38.240 --> 01:01:41.280 the things that I want you to think of. Even if you don't 1142 01:01:41.280 --> 01:01:44.040 understand them fully, you'll know in this scenario, 1143 01:01:44.280 --> 01:01:48.200 something's up. Well, how many of you realize that there's 1144 01:01:48.200 --> 01:01:51.240 like 1000s of potential situations like there's a lot 1145 01:01:51.240 --> 01:01:55.640 of them. So after you're done with this week, I don't 1146 01:01:55.640 --> 01:01:59.480 typically tell people about this stuff early enough. But usually 1147 01:01:59.480 --> 01:02:02.160 I let people know like on day four, I'm gonna let you guys 1148 01:02:02.160 --> 01:02:06.560 know about this now. Because what I find is that the people 1149 01:02:06.560 --> 01:02:09.880 that come into this challenge are real people implementing 1150 01:02:09.880 --> 01:02:13.640 things for real. Like, this is a make believe. I mean, how many 1151 01:02:13.640 --> 01:02:16.040 people here signed up just because you had nothing better 1152 01:02:16.040 --> 01:02:18.680 to do in your life. And so you just wanted to be here to hear 1153 01:02:18.680 --> 01:02:22.680 somebody talk about the law. Anybody? Rose, I love you. 1154 01:02:22.680 --> 01:02:25.320 Thank you. You're an exception to the rule. 1155 01:02:26.320 --> 01:02:27.960 You know, that's a joke, right? 1156 01:02:29.440 --> 01:02:33.440 There's like, there's nobody would be here unless, you know, 1157 01:02:33.480 --> 01:02:36.920 they're serious, like something's going on. Something's 1158 01:02:36.920 --> 01:02:40.280 important to them. So what I did was, as you know, I made this 1159 01:02:40.280 --> 01:02:43.160 week available, I took off from my own law firm, and I'm focused 1160 01:02:43.160 --> 01:02:46.080 on this, my paralegals are essentially running the show, 1161 01:02:46.400 --> 01:02:48.440 and pinging me when things happen, right? That's 1162 01:02:48.440 --> 01:02:52.520 essentially what's happening. And my other great, wonderful 1163 01:02:52.640 --> 01:02:58.000 people, you know, I don't but I'm a litigation paralegal. So I 1164 01:02:58.000 --> 01:03:03.000 don't know how we do we function without you. Let's just put it 1165 01:03:03.000 --> 01:03:06.800 this way. I love all of you. You're amazing. Because I could 1166 01:03:06.800 --> 01:03:10.200 not function without you. Honestly. They're my right and 1167 01:03:10.200 --> 01:03:14.600 left leg. Okay, so. So I'd be rolling on the ground without 1168 01:03:14.600 --> 01:03:18.360 them. So but here's the point is that once we're done with 1169 01:03:18.400 --> 01:03:21.120 with Friday, this is what happens. People go, Oh, my gosh, 1170 01:03:21.120 --> 01:03:23.680 there's this issue. Oh, my gosh, is that issue? Like, how do I 1171 01:03:23.680 --> 01:03:26.680 get in touch with them? What do I do? So I created something for 1172 01:03:26.680 --> 01:03:30.280 you guys, that is extremely helpful. I created this for 1173 01:03:30.280 --> 01:03:33.400 people that are serious about what they're doing. Like they're 1174 01:03:33.480 --> 01:03:36.120 they're becoming familiar with IP, they want to implement these 1175 01:03:36.120 --> 01:03:39.080 things. They're going to continue to run into situations. 1176 01:03:39.240 --> 01:03:42.320 So I created this for you. I'm going to explain it to you now. 1177 01:03:42.760 --> 01:03:45.880 And then during the week, if you guys have questions, you can let 1178 01:03:45.880 --> 01:03:49.520 me know. But I figure if I tell you early enough, it's being 1179 01:03:49.520 --> 01:03:53.160 respectful for you. You're not waiting for the offer. I want to 1180 01:03:53.160 --> 01:03:57.240 be respectful of all of you and your time. Okay. And I know how 1181 01:03:57.240 --> 01:04:00.240 these things work. Somebody like does the training, and then 1182 01:04:00.240 --> 01:04:03.080 they're trying to make people buy things. That's not me. Like 1183 01:04:03.120 --> 01:04:05.600 I'm making this resource available for you guys to help 1184 01:04:05.600 --> 01:04:09.920 you guys long term. So let me read you want to share? Why 1185 01:04:09.920 --> 01:04:10.960 don't you share? Okay. 1186 01:04:11.080 --> 01:04:11.920 Yeah, I got it. 1187 01:04:12.200 --> 01:04:15.560 All right. Thanks. So this is what I did. I created a package 1188 01:04:15.560 --> 01:04:20.240 for you guys. That will allow you to do multiple things. 1189 01:04:20.280 --> 01:04:24.240 Number one is it allow your company to grow over an 1190 01:04:24.240 --> 01:04:27.840 elongated period of time. And during that growth period, as 1191 01:04:27.840 --> 01:04:30.960 you have continued questions, you can ask me directly without 1192 01:04:30.960 --> 01:04:34.480 getting basically without being billed by an attorney because 1193 01:04:34.480 --> 01:04:38.240 you can, you're not going to get legal advice. Again, you're not 1194 01:04:38.240 --> 01:04:43.920 getting legal advice. But I'm going to tell you what the law 1195 01:04:43.920 --> 01:04:47.520 says in different situations. So you can kind of format what 1196 01:04:47.520 --> 01:04:49.920 you're doing. And you'll know when you need an attorney when 1197 01:04:49.920 --> 01:04:52.600 you don't need an attorney. So that's why I created what's 1198 01:04:52.600 --> 01:04:55.880 called the foundations and IP package. And for those of you 1199 01:04:55.880 --> 01:05:00.040 that don't know why I have been an IP attorney for 25 years. 1200 01:05:00.000 --> 01:05:03.120 I left a major New England law firm 1201 01:05:03.120 --> 01:05:07.520 literally one year ago on November 21st. 1202 01:05:07.520 --> 01:05:10.240 And the reason why I did this 1203 01:05:10.240 --> 01:05:12.560 was because I wanted to be able to educate people, 1204 01:05:12.560 --> 01:05:14.520 not have billable hour structure, 1205 01:05:14.520 --> 01:05:17.140 do more diversity, equity and inclusion work as well 1206 01:05:17.140 --> 01:05:19.880 in the community and run things the way I want 1207 01:05:19.880 --> 01:05:21.680 with flat fees and stuff. 1208 01:05:21.680 --> 01:05:24.600 So this is kind of like a one year anniversary for us 1209 01:05:24.600 --> 01:05:27.200 because I stepped out on November 21st. 1210 01:05:27.200 --> 01:05:30.200 So on November 21st is a one year anniversary 1211 01:05:30.200 --> 01:05:31.440 of Nieves IP Law Group. 1212 01:05:31.440 --> 01:05:33.060 Thank you so much, Joyce. 1213 01:05:33.060 --> 01:05:35.820 So with that being the case, 1214 01:05:35.820 --> 01:05:38.400 this is my offer for all of you, all right? 1215 01:05:38.400 --> 01:05:41.840 So why don't you go ahead and go into the next slide. 1216 01:05:41.840 --> 01:05:44.080 This is what we're gonna do. 1217 01:05:44.080 --> 01:05:46.480 For those of you that have got a company, 1218 01:05:46.480 --> 01:05:50.140 there's a number of you guys that have a company, okay? 1219 01:05:50.140 --> 01:05:52.240 What we're gonna do is we're gonna first perform 1220 01:05:52.240 --> 01:05:54.600 a top level trademark search for you. 1221 01:05:55.440 --> 01:05:57.000 So you don't have to wonder 1222 01:05:57.000 --> 01:05:58.560 whether or not the trademark's available. 1223 01:05:58.560 --> 01:06:00.080 We're gonna do a search for you. 1224 01:06:00.080 --> 01:06:02.200 My law firm is gonna do a search for you. 1225 01:06:02.200 --> 01:06:04.520 With people that do this for a living, 1226 01:06:04.520 --> 01:06:07.560 with the paralegals that are extremely gifted 1227 01:06:07.560 --> 01:06:08.920 and the attorneys that are gifted, 1228 01:06:08.920 --> 01:06:11.520 including myself, we'll be working on this directly 1229 01:06:11.520 --> 01:06:12.840 and determine whether or not the name 1230 01:06:12.840 --> 01:06:15.560 that you're particularly interested in 1231 01:06:15.560 --> 01:06:18.420 actually is available and we'll let you know, okay? 1232 01:06:18.420 --> 01:06:19.840 And so that's the first part. 1233 01:06:19.840 --> 01:06:22.600 Trademark clearance search is included, 1234 01:06:22.600 --> 01:06:24.080 a top level search. 1235 01:06:24.520 --> 01:06:26.560 I'll go right to the next slide. 1236 01:06:26.560 --> 01:06:28.220 Now, on top of that, 1237 01:06:28.220 --> 01:06:30.720 we're gonna file a trademark application for you. 1238 01:06:32.360 --> 01:06:34.000 Like, it's included. 1239 01:06:34.000 --> 01:06:37.480 That means the USPTO filing fee is included. 1240 01:06:37.480 --> 01:06:39.520 And for those of you that are in VIP, 1241 01:06:39.520 --> 01:06:42.160 you're gonna see in about 10 minutes, 1242 01:06:42.160 --> 01:06:44.800 we're gonna go through the live filing 1243 01:06:44.800 --> 01:06:46.420 of a trademark application online 1244 01:06:46.420 --> 01:06:49.860 so you can see all the parts of an application, okay? 1245 01:06:49.860 --> 01:06:52.140 So you can understand it in some detail. 1246 01:06:52.140 --> 01:06:54.060 But we are gonna file an application for you. 1247 01:06:54.060 --> 01:06:55.980 That means we're gonna give you 1248 01:06:55.980 --> 01:06:57.620 a trademark application form. 1249 01:06:57.620 --> 01:07:00.540 We're gonna determine your international class, 1250 01:07:00.540 --> 01:07:02.820 your recitation of goods and services, 1251 01:07:02.820 --> 01:07:04.260 your date to first use. 1252 01:07:04.260 --> 01:07:06.680 We're gonna help you figure out your specimen. 1253 01:07:06.680 --> 01:07:08.540 We're gonna file the whole thing together. 1254 01:07:08.540 --> 01:07:11.660 Includes your trademark application filing fee 1255 01:07:11.660 --> 01:07:13.340 from the USPTO. 1256 01:07:13.340 --> 01:07:16.020 Everything's done, all in this package, okay? 1257 01:07:16.020 --> 01:07:19.300 So you got a search and you got an application filing. 1258 01:07:19.300 --> 01:07:20.260 Next slide, please. 1259 01:07:23.140 --> 01:07:27.380 That alone is around a $2,400 value. 1260 01:07:27.380 --> 01:07:29.300 So let's go to the next part, please. 1261 01:07:30.700 --> 01:07:32.700 Now, the next thing you're gonna get 1262 01:07:32.700 --> 01:07:34.860 is something that's very unique. 1263 01:07:34.860 --> 01:07:37.900 Ray and I have worked out on my schedule 1264 01:07:37.900 --> 01:07:40.020 one-on-one time with individuals. 1265 01:07:40.020 --> 01:07:45.020 And what that means is you get a two to three hour window 1266 01:07:45.580 --> 01:07:47.440 alone with me on Zoom, 1267 01:07:47.440 --> 01:07:51.020 and I go through everything that you're doing as a business. 1268 01:07:51.020 --> 01:07:52.500 We give you a list. 1269 01:07:52.500 --> 01:07:54.100 Yeah, I know, this is a pretty big deal 1270 01:07:54.100 --> 01:07:57.260 because actually people don't get to do this with me. 1271 01:07:57.260 --> 01:07:58.660 I've actually made this available 1272 01:07:58.660 --> 01:08:01.380 to people that go through the program 1273 01:08:01.380 --> 01:08:03.860 because they're already familiar with IP 1274 01:08:03.860 --> 01:08:06.420 before they actually meet with me, which is helpful. 1275 01:08:06.420 --> 01:08:08.700 Otherwise, it doesn't work very well 1276 01:08:08.700 --> 01:08:10.140 if you don't know anything about IP. 1277 01:08:10.140 --> 01:08:11.460 That's why I only offer it 1278 01:08:11.460 --> 01:08:13.420 to people who have been through the training. 1279 01:08:13.420 --> 01:08:18.420 So what this IP audit is is you sit down with me one-on-one 1280 01:08:19.020 --> 01:08:21.540 and I give you a list of like seven or eight things 1281 01:08:21.540 --> 01:08:25.000 to get together beforehand, like your legal agreements, 1282 01:08:25.000 --> 01:08:28.380 like your potential trademarks, your domain names, 1283 01:08:28.380 --> 01:08:32.939 your copy, your books, any relationships 1284 01:08:32.939 --> 01:08:34.660 that you're building, any licenses. 1285 01:08:34.660 --> 01:08:36.340 Get all that stuff together. 1286 01:08:36.340 --> 01:08:38.859 And then we sit down for two to three hours. 1287 01:08:38.859 --> 01:08:41.700 I analyze all the stuff that you're doing. 1288 01:08:41.700 --> 01:08:44.220 I tell you which things could potentially be protected, 1289 01:08:44.220 --> 01:08:45.680 which things don't bother with. 1290 01:08:45.680 --> 01:08:47.520 It's a waste of time and money. 1291 01:08:47.520 --> 01:08:49.720 What shortcuts you can use 1292 01:08:49.720 --> 01:08:52.439 to actually become successful using those things, 1293 01:08:52.439 --> 01:08:54.920 what things you should never use at all. 1294 01:08:54.920 --> 01:08:58.640 Like I break it all down for you and you get the recording. 1295 01:08:58.640 --> 01:09:00.279 That's included as well. 1296 01:09:00.279 --> 01:09:02.760 So two to three hours on that. 1297 01:09:02.760 --> 01:09:04.640 I remember specifically, 1298 01:09:04.640 --> 01:09:06.439 actually I'll see if she can stop by 1299 01:09:06.439 --> 01:09:09.439 one of the next two days to speak to all of you. 1300 01:09:09.439 --> 01:09:11.279 She said, Eileen said, 1301 01:09:11.279 --> 01:09:13.500 I only have like a half hour worth of stuff. 1302 01:09:13.500 --> 01:09:16.359 She took three hours and change. 1303 01:09:16.359 --> 01:09:17.840 Like she wouldn't stop. 1304 01:09:17.840 --> 01:09:20.240 As we started talking, she realized, 1305 01:09:20.240 --> 01:09:21.359 oh, but there's this too. 1306 01:09:21.359 --> 01:09:22.800 And there's this too. 1307 01:09:22.800 --> 01:09:24.640 Can we talk about my other company too? 1308 01:09:24.640 --> 01:09:27.319 Then we went through like three different companies for her. 1309 01:09:27.319 --> 01:09:28.160 I don't care. 1310 01:09:28.160 --> 01:09:30.000 We can cover anything you want during that period. 1311 01:09:30.000 --> 01:09:32.560 I'm exclusively yours during that time 1312 01:09:32.560 --> 01:09:34.160 to cover anything on IP. 1313 01:09:34.160 --> 01:09:35.120 Next slide, please. 1314 01:09:37.359 --> 01:09:41.500 So thus far where you've got is at least, 1315 01:09:41.500 --> 01:09:43.840 at least $17,000 worth of value. 1316 01:09:43.840 --> 01:09:47.359 Cause I charged for an IP audit alone, 15 grand. 1317 01:09:47.359 --> 01:09:48.960 So let's go to the next slide. 1318 01:09:51.160 --> 01:09:53.080 But wait, there's more. 1319 01:09:53.080 --> 01:09:53.899 I love that. 1320 01:09:53.899 --> 01:09:54.740 It's like. 1321 01:09:56.000 --> 01:09:58.000 You're supposed to wait for my bonus slide. 1322 01:09:58.000 --> 01:09:59.200 Remember that? 1323 01:09:59.200 --> 01:10:00.040 But wait. 1324 01:10:00.000 --> 01:10:02.700 That cracks me up, I love that. 1325 01:10:02.700 --> 01:10:06.220 Okay, so here's the situation. 1326 01:10:06.220 --> 01:10:08.020 As you're going to implement the things 1327 01:10:08.020 --> 01:10:09.220 that I've talked to you about, 1328 01:10:09.220 --> 01:10:10.700 and as you're growing your company, 1329 01:10:10.700 --> 01:10:12.720 you're gonna continue to have questions. 1330 01:10:12.720 --> 01:10:14.180 It just happens. 1331 01:10:14.180 --> 01:10:16.900 Like you're starting to become very successful 1332 01:10:16.900 --> 01:10:17.740 at certain things. 1333 01:10:17.740 --> 01:10:19.820 You're starting to run into big problems. 1334 01:10:19.820 --> 01:10:20.660 You don't know what to do. 1335 01:10:20.660 --> 01:10:23.300 You don't wanna call a lawyer at 600 bucks an hour. 1336 01:10:23.300 --> 01:10:24.460 You'd rather kind of just say, 1337 01:10:24.460 --> 01:10:26.420 hey, in this kind of scenario, 1338 01:10:26.420 --> 01:10:27.620 in that kind of scenario, 1339 01:10:27.620 --> 01:10:29.780 what are the general things you have to think about? 1340 01:10:29.780 --> 01:10:31.340 I'm gonna meet with a software developer. 1341 01:10:31.340 --> 01:10:33.180 What are the things I need to think about? 1342 01:10:33.180 --> 01:10:37.500 You know, the inventor within my company 1343 01:10:37.500 --> 01:10:39.740 is leaving to go to my arch nemesis. 1344 01:10:39.740 --> 01:10:41.620 What are the things I need to think about? 1345 01:10:41.620 --> 01:10:45.140 And like I can lay those things out for you in the meeting. 1346 01:10:45.140 --> 01:10:47.420 Okay, all of that happens 1347 01:10:47.420 --> 01:10:50.420 in what's called the protection portal. 1348 01:10:50.420 --> 01:10:52.620 Once a month, we meet for an hour and a half 1349 01:10:52.620 --> 01:10:54.100 every single month. 1350 01:10:54.100 --> 01:10:56.480 You can email me questions in between. 1351 01:10:56.480 --> 01:10:59.280 During that session, I go through all the questions, 1352 01:10:59.280 --> 01:11:02.120 answer all the questions like we do in VIP. 1353 01:11:02.120 --> 01:11:04.040 And then on top of that, 1354 01:11:04.040 --> 01:11:05.640 there's a private Facebook group 1355 01:11:05.640 --> 01:11:09.400 where there's a ridiculously talented number of individuals 1356 01:11:09.400 --> 01:11:10.560 in the network. 1357 01:11:10.560 --> 01:11:12.440 These people run their own companies. 1358 01:11:12.440 --> 01:11:14.480 They've grown through this process as well. 1359 01:11:14.480 --> 01:11:17.280 Some of them have been in it for almost two years now. 1360 01:11:17.280 --> 01:11:19.200 And they all help each other as well. 1361 01:11:19.200 --> 01:11:21.360 They share resources. 1362 01:11:21.360 --> 01:11:25.000 And so this is called the protection portal. 1363 01:11:25.000 --> 01:11:26.700 It's a year membership. 1364 01:11:26.700 --> 01:11:28.320 That's included as well. 1365 01:11:29.400 --> 01:11:31.400 Why don't you go ahead to the next slide? 1366 01:11:32.400 --> 01:11:35.320 And with that, just so you know, that... 1367 01:11:36.680 --> 01:11:38.600 I love this picture with Joshua. 1368 01:11:39.680 --> 01:11:44.680 This is Joshua and I at a Pedro Odeo event in Las Vegas. 1369 01:11:45.600 --> 01:11:47.440 Joshua is one of my best friends. 1370 01:11:47.440 --> 01:11:49.840 And so I just had to throw this picture on here 1371 01:11:49.840 --> 01:11:51.160 because I thought it was hilarious. 1372 01:11:51.160 --> 01:11:56.160 So for you guys, this entire package you get for 59.95. 1373 01:11:56.920 --> 01:11:58.400 Okay. 1374 01:11:58.400 --> 01:12:00.600 This is available all week long 1375 01:12:00.600 --> 01:12:03.240 until Friday night, midnight. 1376 01:12:03.240 --> 01:12:04.080 All right. 1377 01:12:04.080 --> 01:12:05.240 Now, Ray, is that right? 1378 01:12:05.240 --> 01:12:06.480 Are we going to Friday night, midnight? 1379 01:12:06.480 --> 01:12:09.120 Or I saw you shaking your head. 1380 01:12:09.120 --> 01:12:09.960 I think so. 1381 01:12:09.960 --> 01:12:11.720 No, I was shaking, yeah, because I was thinking too. 1382 01:12:11.720 --> 01:12:13.120 I was like, yeah, it's Friday. 1383 01:12:13.120 --> 01:12:14.080 Okay, yeah. 1384 01:12:14.080 --> 01:12:15.800 So we're going to Friday at midnight. 1385 01:12:15.800 --> 01:12:18.760 So if you have any questions, you can email us. 1386 01:12:18.760 --> 01:12:20.160 But just so you guys are clear, 1387 01:12:20.160 --> 01:12:21.640 this is first come first serve. 1388 01:12:21.640 --> 01:12:25.760 So what I mean by that is when you guys register, 1389 01:12:26.400 --> 01:12:30.280 that's when you can book the time for the one-on-one. 1390 01:12:30.280 --> 01:12:33.440 So like, obviously the people that register later 1391 01:12:33.440 --> 01:12:36.080 are going to be on the calendar later, right? 1392 01:12:36.080 --> 01:12:39.280 Because we have specific times that are available each week. 1393 01:12:39.280 --> 01:12:40.520 We take, what is it? 1394 01:12:40.520 --> 01:12:42.680 Three a week, I think we do? 1395 01:12:42.680 --> 01:12:43.520 I think we do like three a week. 1396 01:12:43.520 --> 01:12:46.520 Two right now because things are so busy. 1397 01:12:46.520 --> 01:12:47.360 Yeah. 1398 01:12:47.360 --> 01:12:48.200 Yeah, so we do, right. 1399 01:12:48.200 --> 01:12:50.400 So we do about two audits a week. 1400 01:12:50.400 --> 01:12:53.400 And so, especially coming into the holidays, 1401 01:12:53.400 --> 01:12:56.320 if you want to do this, 1402 01:12:56.320 --> 01:12:58.360 I would take advantage of it as soon as possible. 1403 01:12:58.360 --> 01:12:59.880 Sign up, register. 1404 01:12:59.880 --> 01:13:01.760 Ray will drop the link for this. 1405 01:13:01.760 --> 01:13:04.480 There's more stuff that's actually added to this, 1406 01:13:04.480 --> 01:13:06.320 which we'll talk about in a second. 1407 01:13:06.320 --> 01:13:09.320 But this includes, again, the trademark application, 1408 01:13:09.320 --> 01:13:12.600 the trademark search, the IP audit, all of that, 1409 01:13:12.600 --> 01:13:14.200 and a year portal membership 1410 01:13:14.200 --> 01:13:16.320 so that as you're implementing the things 1411 01:13:16.320 --> 01:13:18.360 that we talked about, you can ask questions, 1412 01:13:18.360 --> 01:13:20.240 you can continue to grow, 1413 01:13:20.240 --> 01:13:22.760 and you don't have to worry about getting legal bills 1414 01:13:22.760 --> 01:13:24.360 every single time you're thinking, 1415 01:13:24.360 --> 01:13:26.680 oh my gosh, is this a trademark issue? 1416 01:13:26.680 --> 01:13:27.760 Is it a copyright issue? 1417 01:13:27.760 --> 01:13:30.780 Like, should I be concerned about a trade secret thing here? 1418 01:13:30.780 --> 01:13:32.160 Can I protect my website? 1419 01:13:32.160 --> 01:13:33.700 Can I protect my image? 1420 01:13:33.700 --> 01:13:35.200 Like, what do I do in this situation? 1421 01:13:35.200 --> 01:13:37.520 You can bring all those questions in 1422 01:13:37.520 --> 01:13:39.800 and you're not getting billed extra for that. 1423 01:13:39.800 --> 01:13:41.800 It's all included in this portal. 1424 01:13:41.800 --> 01:13:45.520 This was my heart in building my own firm. 1425 01:13:45.520 --> 01:13:47.600 This is what I wanted to create. 1426 01:13:47.600 --> 01:13:49.900 I wanted to create a place where the public 1427 01:13:49.900 --> 01:13:54.060 can get together, obtain high-level guidance 1428 01:13:54.060 --> 01:13:57.060 and education that is not available to the public. 1429 01:13:57.060 --> 01:13:58.300 You can't find this. 1430 01:13:58.300 --> 01:14:01.340 I guarantee you, look anywhere. 1431 01:14:01.340 --> 01:14:02.900 This doesn't exist. 1432 01:14:02.900 --> 01:14:04.940 There are no lawyers creating networks 1433 01:14:04.940 --> 01:14:07.380 where they don't charge people per hour. 1434 01:14:07.380 --> 01:14:08.900 Doesn't exist. 1435 01:14:08.900 --> 01:14:11.660 So this is intended to help you grow, 1436 01:14:11.660 --> 01:14:14.580 to allow you to ask questions, interact, 1437 01:14:14.580 --> 01:14:17.220 and continue to grow as an entity, 1438 01:14:17.220 --> 01:14:19.260 and take advantage of other resources 1439 01:14:20.220 --> 01:14:21.060 Go ahead, Ray. 1440 01:14:22.980 --> 01:14:24.620 But wait, there's more. 1441 01:14:24.620 --> 01:14:26.420 Okay, this cracks me up. 1442 01:14:26.420 --> 01:14:28.100 All right, and here's the final part, okay? 1443 01:14:28.100 --> 01:14:29.740 I just have too much fun with this. 1444 01:14:29.740 --> 01:14:31.820 I always get mad because you go so fast 1445 01:14:31.820 --> 01:14:33.500 and you miss my whole little light thing 1446 01:14:33.500 --> 01:14:34.740 over here going on. 1447 01:14:34.740 --> 01:14:36.220 The light thing looks awesome. 1448 01:14:36.220 --> 01:14:37.780 It looks incredible. 1449 01:14:37.780 --> 01:14:39.460 I like the light thing. 1450 01:14:39.460 --> 01:14:40.740 You're very talented. 1451 01:14:40.740 --> 01:14:45.540 Okay, so these are some of the perks that we add. 1452 01:14:45.540 --> 01:14:47.580 When you sign up for this package, 1453 01:14:47.580 --> 01:14:49.500 you can join the Protector Idea Challenge 1454 01:14:49.500 --> 01:14:51.700 at no cost for the entire year. 1455 01:14:51.700 --> 01:14:53.580 So that means every time that we run this, 1456 01:14:53.580 --> 01:14:56.420 you go in, there's no extra cost, okay? 1457 01:14:56.420 --> 01:14:58.740 For actually joining that challenge. 1458 01:14:58.740 --> 01:15:00.220 Go ahead, go to the next one. 1459 01:15:00.000 --> 01:15:05.000 And I have IP attorneys around the world. 1460 01:15:09.040 --> 01:15:10.880 I don't care what country it is. 1461 01:15:10.880 --> 01:15:12.120 If you have a legal issue, 1462 01:15:12.120 --> 01:15:14.520 I can guide you into working with different people. 1463 01:15:14.520 --> 01:15:17.440 I don't get perks for doing this, just so you understand. 1464 01:15:17.440 --> 01:15:19.420 I just have relationships with IP attorneys 1465 01:15:19.420 --> 01:15:21.240 in literally every country of the world. 1466 01:15:21.240 --> 01:15:25.040 So if you're selling product into Canada, 1467 01:15:25.040 --> 01:15:27.160 I might introduce you to Jeevers, right? 1468 01:15:27.680 --> 01:15:31.080 If you're selling product into Korea, 1469 01:15:31.080 --> 01:15:33.880 let's say you're going into like South Korea, right? 1470 01:15:33.880 --> 01:15:37.080 I can introduce you to specific law firms there. 1471 01:15:37.080 --> 01:15:39.480 I have law firms all over the world 1472 01:15:39.480 --> 01:15:41.560 that I've worked with over the last 25 years. 1473 01:15:41.560 --> 01:15:43.060 And then go to the next slide. 1474 01:15:44.120 --> 01:15:46.560 I think this is where we talk about the database. 1475 01:15:48.480 --> 01:15:50.760 Oh, the affiliate program's important as well. 1476 01:15:50.760 --> 01:15:53.440 So the way the affiliate program works 1477 01:15:53.440 --> 01:15:57.380 is that if you join in this package, 1478 01:15:57.380 --> 01:16:00.880 anyone that you refer into this, you receive 10% back. 1479 01:16:03.080 --> 01:16:05.220 So just so we're clear what that means. 1480 01:16:05.220 --> 01:16:09.500 If you refer one person who takes the challenge, 1481 01:16:09.500 --> 01:16:13.420 VIP, and the offer, you receive a check for $630. 1482 01:16:14.320 --> 01:16:15.720 For one person. 1483 01:16:15.720 --> 01:16:18.280 Okay, that's how our referral system works. 1484 01:16:18.280 --> 01:16:19.120 That's how our- 1485 01:16:19.120 --> 01:16:20.400 Minus transaction fees. 1486 01:16:20.400 --> 01:16:21.820 Minus transaction fees, right? 1487 01:16:21.820 --> 01:16:22.980 Minus the stripe fees. 1488 01:16:22.980 --> 01:16:23.800 Thank you. 1489 01:16:23.800 --> 01:16:25.820 All right, and then go to the last slide. 1490 01:16:25.820 --> 01:16:26.720 That should be it. 1491 01:16:30.460 --> 01:16:32.580 Okay, so this is the actual total cost. 1492 01:16:32.580 --> 01:16:35.580 So 59.95 is the cost for this. 1493 01:16:35.580 --> 01:16:37.740 And we actually have a backend database. 1494 01:16:37.740 --> 01:16:41.060 So all of your videos that you have from the challenge 1495 01:16:41.060 --> 01:16:43.780 and from VIP, you can stop the share, 1496 01:16:43.780 --> 01:16:46.340 from VIP and from the challenge 1497 01:16:46.340 --> 01:16:48.620 are all available to you for the full year. 1498 01:16:49.540 --> 01:16:51.780 And as we do the Protection Portal meetings, 1499 01:16:52.620 --> 01:16:53.640 those videos become available to you 1500 01:16:53.640 --> 01:16:55.180 for a full year as well. 1501 01:16:55.180 --> 01:16:58.420 So all of those things together are available to you 1502 01:16:58.420 --> 01:17:00.380 for 59.95. 1503 01:17:00.380 --> 01:17:02.940 If you have any questions, let me know. 1504 01:17:02.940 --> 01:17:06.140 And that's available until Friday at midnight. 1505 01:17:06.140 --> 01:17:08.480 Not that I'm gonna be watching the clock, but anyways. 1506 01:17:08.480 --> 01:17:10.500 That's the time that it ends. 1507 01:17:11.580 --> 01:17:13.820 So that's the package that I created for you guys 1508 01:17:13.820 --> 01:17:16.460 to try to help you, your businesses, 1509 01:17:16.460 --> 01:17:20.440 your loved ones in succeeding and going forward, okay? 1510 01:17:20.440 --> 01:17:21.580 All right, does that help? 1511 01:17:22.380 --> 01:17:23.980 Is this covering things that you guys think you'll need? 1512 01:17:23.980 --> 01:17:25.900 All right, awesome, good. 1513 01:17:25.900 --> 01:17:28.620 All right, if you have any questions, let me know. 1514 01:17:28.620 --> 01:17:31.100 And like I said, this is a first come first serve basis 1515 01:17:31.100 --> 01:17:35.180 so that if you did, I see somebody already registered, okay. 1516 01:17:35.180 --> 01:17:38.760 All right, well, so then you can actually 1517 01:17:38.760 --> 01:17:43.760 immediately ask for your time slot for the IP audit, okay? 1518 01:17:45.940 --> 01:17:48.220 And we'll also work with you before the IP audit 1519 01:17:48.220 --> 01:17:49.780 to let you know what to get. 1520 01:17:49.780 --> 01:17:52.020 And if we have that meeting and we feel like, 1521 01:17:52.860 --> 01:17:54.740 you know, there's additional material you should get, 1522 01:17:54.740 --> 01:17:56.420 I'm just gonna let you know, 1523 01:17:56.420 --> 01:17:58.340 because if you guys haven't figured this out yet, 1524 01:17:58.340 --> 01:17:59.920 I'm doing this to try to help you guys. 1525 01:17:59.920 --> 01:18:02.520 This really isn't about me, so. 1526 01:18:02.520 --> 01:18:06.040 All right, with that, I think we're gonna stop now. 1527 01:18:06.040 --> 01:18:07.340 Oh, yeah, right, go ahead. 1528 01:18:12.860 --> 01:18:15.140 And just a brief mention on there as well. 1529 01:18:15.140 --> 01:18:19.120 I believe we have the three pay on there for everyone. 1530 01:18:20.780 --> 01:18:24.140 Yeah, yeah, there's a three pay as well, right? 1531 01:18:24.140 --> 01:18:26.420 Yeah, so if you guys need it broken up into three payments, 1532 01:18:26.420 --> 01:18:27.680 we do have that option as well, 1533 01:18:27.680 --> 01:18:30.140 but we can't do the audit until that final payment 1534 01:18:30.140 --> 01:18:34.660 is actually completed because legal services are involved. 1535 01:18:34.660 --> 01:18:36.620 Gotcha, gotcha, yeah. 1536 01:18:36.620 --> 01:18:38.260 Yeah, and Natalie asked a really good question. 1537 01:18:38.260 --> 01:18:40.100 She says, what if I referred somebody 1538 01:18:40.100 --> 01:18:41.020 to join this week already? 1539 01:18:41.020 --> 01:18:42.240 So good question. 1540 01:18:42.240 --> 01:18:44.500 So if you referred somebody over 1541 01:18:44.500 --> 01:18:47.620 and they should be using your affiliate link, right? 1542 01:18:47.620 --> 01:18:49.620 They click on your affiliate link, 1543 01:18:50.500 --> 01:18:52.380 and they join through your affiliate link, 1544 01:18:52.380 --> 01:18:53.740 then that's in Lead Dino. 1545 01:18:53.740 --> 01:18:55.220 Everything's in the system. 1546 01:18:55.220 --> 01:18:59.500 So every affiliate actually has their own affiliate link. 1547 01:18:59.500 --> 01:19:02.380 Patty's nodding her head and others do that. 1548 01:19:02.380 --> 01:19:05.140 So what you do is you send your, 1549 01:19:05.140 --> 01:19:07.940 we have advertising material, all sorts of stuff, 1550 01:19:07.940 --> 01:19:10.200 and you have them click on your affiliate link, 1551 01:19:10.200 --> 01:19:13.060 then the second that they come into our system, 1552 01:19:13.060 --> 01:19:15.440 your name is attached to them immediately. 1553 01:19:15.440 --> 01:19:17.860 So if they purchase the offer or whatever, 1554 01:19:18.020 --> 01:19:20.100 I mean, we've sent tens of thousands of dollars 1555 01:19:20.100 --> 01:19:22.860 in affiliate fees out already. 1556 01:19:22.860 --> 01:19:24.980 It's a fun perk. 1557 01:19:24.980 --> 01:19:27.020 I just decided to do it because honestly, 1558 01:19:27.020 --> 01:19:29.020 if you guys are blessing others 1559 01:19:29.020 --> 01:19:31.660 and guiding them into here to get assistance, 1560 01:19:31.660 --> 01:19:32.600 you should be blessed too. 1561 01:19:32.600 --> 01:19:34.260 So that's why I created it. 1562 01:19:35.380 --> 01:19:37.420 Let me see, I didn't have an affiliate link. 1563 01:19:37.420 --> 01:19:39.060 Oh, okay, you didn't have an affiliate link. 1564 01:19:39.060 --> 01:19:41.480 Yeah, so did you take the protect? 1565 01:19:41.480 --> 01:19:43.280 Well, actually, let me talk to you after. 1566 01:19:43.280 --> 01:19:46.180 Does anybody have any questions with regard to the package 1567 01:19:47.060 --> 01:19:48.300 before I talk with Natalie? 1568 01:19:48.300 --> 01:19:49.900 I'll talk with Natalie separate. 1569 01:19:50.960 --> 01:19:52.340 Okay, so there's no questions there. 1570 01:19:52.340 --> 01:19:56.700 So what we'll do is we're gonna start in VIP at 8.35. 1571 01:19:58.220 --> 01:20:00.420 We're gonna be going over an actual trade. 1572 01:20:00.000 --> 01:20:04.000 trademark application filing, beginning to end. 1573 01:20:04.000 --> 01:20:06.800 Okay, so this is a pretty big deal. 1574 01:20:06.800 --> 01:20:09.040 We're gonna talk to you about how do you figure out 1575 01:20:09.040 --> 01:20:11.320 the recitation of goods, services, 1576 01:20:11.320 --> 01:20:13.920 the international class, all those things. 1577 01:20:13.920 --> 01:20:16.660 And what I'll drop in the Facebook group 1578 01:20:16.660 --> 01:20:19.360 is I'll actually drop for all of you, 1579 01:20:19.360 --> 01:20:21.240 there's a website that lists 1580 01:20:21.240 --> 01:20:23.120 all the international classes for you, 1581 01:20:23.120 --> 01:20:24.360 where you can literally just look 1582 01:20:24.360 --> 01:20:26.280 for whatever you're selling. 1583 01:20:26.280 --> 01:20:28.120 And do you have it already, Ray? 1584 01:20:28.920 --> 01:20:30.600 All right, why don't you drop it in the chat 1585 01:20:30.600 --> 01:20:32.640 and then we'll drop it in Facebook. 1586 01:20:32.640 --> 01:20:34.400 We actually have all these links available 1587 01:20:34.400 --> 01:20:35.320 for you guys already. 1588 01:20:35.320 --> 01:20:37.640 So these are all resources that we have 1589 01:20:37.640 --> 01:20:39.760 in the Protection Portal already. 1590 01:20:39.760 --> 01:20:42.400 But I just want you to have some of these things 1591 01:20:42.400 --> 01:20:43.240 on your own. 1592 01:20:43.240 --> 01:20:45.400 So there it is. 1593 01:20:45.400 --> 01:20:48.260 So this link here, thanks, Ray. 1594 01:20:49.480 --> 01:20:52.480 All right, so I'll show you what this looks like real fast. 1595 01:20:53.740 --> 01:20:56.040 Share screen. 1596 01:20:57.040 --> 01:20:59.320 Here we go. 1597 01:20:59.320 --> 01:21:03.400 All right, so this is a list 1598 01:21:03.400 --> 01:21:05.800 of all of the international classes. 1599 01:21:05.800 --> 01:21:10.280 See, class number one, class number two. 1600 01:21:10.280 --> 01:21:12.520 So when you're filing a trademark application, 1601 01:21:12.520 --> 01:21:16.640 what you have falls into an international class. 1602 01:21:16.640 --> 01:21:20.060 So if you're doing something like software, 1603 01:21:20.060 --> 01:21:23.160 you go right over here and you'll see class nine, 1604 01:21:23.160 --> 01:21:25.520 electrical and scientific apparatus. 1605 01:21:25.960 --> 01:21:29.640 Class nine covers software as well. 1606 01:21:30.480 --> 01:21:33.080 If you're not sure where it fits, 1607 01:21:33.080 --> 01:21:34.360 one of the things I tell people to do 1608 01:21:34.360 --> 01:21:36.120 is just type over here what the word is, 1609 01:21:36.120 --> 01:21:38.800 like software, and do a search. 1610 01:21:38.800 --> 01:21:43.600 And when you do a search, you can see the different places 1611 01:21:43.600 --> 01:21:45.700 that that word pops up. 1612 01:21:45.700 --> 01:21:49.200 And that should help you to kind of nail down 1613 01:21:50.080 --> 01:21:50.920 where here it is. 1614 01:21:50.920 --> 01:21:53.320 See, programs and computer software 1615 01:21:53.320 --> 01:21:54.600 are classified in class nine. 1616 01:21:54.600 --> 01:21:55.680 See that? 1617 01:21:55.680 --> 01:21:57.660 So you can type in the word itself 1618 01:21:57.660 --> 01:22:01.560 to figure out what international class it is. 1619 01:22:01.560 --> 01:22:03.840 If you're doing online classes, 1620 01:22:03.840 --> 01:22:08.840 training others through e-courses, anything like that, 1621 01:22:10.560 --> 01:22:12.960 that's international class 41. 1622 01:22:12.960 --> 01:22:14.560 So you go all the way down here. 1623 01:22:17.720 --> 01:22:21.280 41, here it is, education and entertainment. 1624 01:22:21.280 --> 01:22:23.880 So that's international class 41. 1625 01:22:23.880 --> 01:22:26.700 This link you can use to actually figure out 1626 01:22:26.700 --> 01:22:28.760 where your goods and services fall 1627 01:22:28.760 --> 01:22:30.560 in the international classes. 1628 01:22:30.560 --> 01:22:32.720 Now, why am I showing you this? 1629 01:22:32.720 --> 01:22:34.480 Imagine you hire a lawyer. 1630 01:22:34.480 --> 01:22:35.640 When you hire the lawyer, you say, 1631 01:22:35.640 --> 01:22:38.880 hey, and like Chandra calls up her lawyer and she says, 1632 01:22:38.880 --> 01:22:42.240 hey, I want to file a trademark application. 1633 01:22:42.240 --> 01:22:44.240 It's for Flexer, right? 1634 01:22:44.240 --> 01:22:48.520 F-L-E-X-I-R, okay? 1635 01:22:48.520 --> 01:22:50.800 It's for educational courses 1636 01:22:50.800 --> 01:22:53.560 associated with physical training 1637 01:22:54.200 --> 01:22:57.040 and it's an international class 41. 1638 01:22:57.040 --> 01:23:02.000 My date of first use is January 1st, 2023. 1639 01:23:02.000 --> 01:23:06.320 And here's a copy of my specimen and here's my website. 1640 01:23:06.320 --> 01:23:08.200 It shows the trademark right here. 1641 01:23:08.200 --> 01:23:11.640 Here are my services and there's the button for purchasing. 1642 01:23:11.640 --> 01:23:15.160 The lawyer is going to go, what the heck just happened? 1643 01:23:15.160 --> 01:23:17.400 Like how did you know, 1644 01:23:17.400 --> 01:23:19.720 like this is exactly what I need for filing? 1645 01:23:20.560 --> 01:23:22.160 We actually had a member do that. 1646 01:23:22.160 --> 01:23:23.600 She said that her lawyer said, 1647 01:23:23.600 --> 01:23:28.600 I have never had a client so prepared and so organized. 1648 01:23:28.680 --> 01:23:30.360 That was a Joe Wolf. 1649 01:23:30.360 --> 01:23:31.200 Yeah. 1650 01:23:31.200 --> 01:23:32.040 Brilliant, brilliant powerhouse. 1651 01:23:32.040 --> 01:23:33.080 Yeah, she's brilliant. 1652 01:23:33.080 --> 01:23:34.480 She's brilliant in and of itself, 1653 01:23:34.480 --> 01:23:36.600 but it decreased her costs. 1654 01:23:36.600 --> 01:23:38.840 I mean, honestly, if you're coming to the door 1655 01:23:38.840 --> 01:23:42.620 with everything done, it decreases the cost, right? 1656 01:23:43.720 --> 01:23:45.840 I mean, if you come to your auto mechanic and say, 1657 01:23:45.840 --> 01:23:47.400 here are the spark plugs. 1658 01:23:47.400 --> 01:23:49.880 I just need you to attach this thing and reconnect them. 1659 01:23:49.880 --> 01:23:52.280 You're not going to pay for the spark plugs. 1660 01:23:52.280 --> 01:23:53.120 Okay. 1661 01:23:53.120 --> 01:23:54.720 So that's what I'm trying to train you guys 1662 01:23:54.720 --> 01:23:56.000 and being able to do in this case. 1663 01:23:56.000 --> 01:24:00.040 So with that, let me close here in, 1664 01:24:00.040 --> 01:24:00.880 let's give it 10 minutes. 1665 01:24:00.880 --> 01:24:02.880 So at 840, we'll jump into doing 1666 01:24:02.880 --> 01:24:04.680 the trademark application and VIP. 1667 01:24:04.680 --> 01:24:06.240 So I'll see you guys there. 1668 01:24:06.240 --> 01:24:11.240 If anybody has questions about the offer, stay on now. 1669 01:24:11.300 --> 01:24:14.280 And I'm more than happy to answer any questions you have 1670 01:24:14.280 --> 01:24:15.780 in any way, shape or form. 1671 01:24:15.780 --> 01:24:17.240 This is something that's really important 1672 01:24:17.240 --> 01:24:18.280 and dear to our heart. 1673 01:24:18.280 --> 01:24:21.940 So just want to make sure this is available for you guys. 1674 01:24:25.780 --> 01:24:26.620 All right. 1675 01:24:26.620 --> 01:24:27.440 Have a good night guys. 1676 01:24:27.440 --> 01:24:28.280 Take care. 1677 01:24:28.280 --> 01:24:29.120 See you guys. 1678 01:24:30.200 --> 01:24:31.480 Question? 1679 01:24:31.480 --> 01:24:32.320 Peter? 1680 01:24:32.320 --> 01:24:33.140 Thank you. 1681 01:24:33.140 --> 01:24:33.980 Yes. 1682 01:24:33.980 --> 01:24:35.080 How are you, Kalia? 1683 01:24:35.080 --> 01:24:36.720 I have one quick question. 1684 01:24:36.720 --> 01:24:37.860 Yeah, of course. 1685 01:24:37.860 --> 01:24:41.040 If I'm going to be operating as a doctor, 1686 01:24:41.040 --> 01:24:45.680 would I keep Dr. Kalia or register that or just my name? 1687 01:24:45.680 --> 01:24:47.520 Why are you saying it out loud? 1688 01:24:48.120 --> 01:24:50.280 You can't register a name anyway. 1689 01:24:52.840 --> 01:24:53.920 For trademark purposes, 1690 01:24:53.920 --> 01:24:56.520 you can't register your name unless you're famous. 1691 01:24:56.520 --> 01:24:57.360 So. 1692 01:25:00.000 --> 01:25:01.340 big thing, Peter. 1693 01:25:01.340 --> 01:25:10.080 I had a joke, I had a joke, but it's not, it's not, it doesn't work for you. 1694 01:25:10.080 --> 01:25:15.080 I was going to say famous, not infamous, but then I know you, so I can't use that terminology 1695 01:25:15.080 --> 01:25:16.760 for you because you're so nice. 1696 01:25:16.760 --> 01:25:20.760 I was like, it doesn't even work for you, like, you're just, you're just the nicest 1697 01:25:20.760 --> 01:25:21.760 person out there. 1698 01:25:21.760 --> 01:25:24.400 So it doesn't even work. 1699 01:25:24.400 --> 01:25:29.080 But yeah, so in general, you can't, you can't register names. 1700 01:25:29.080 --> 01:25:30.080 Yeah. 1701 01:25:30.080 --> 01:25:31.080 Let's see. 1702 01:25:31.080 --> 01:25:32.080 All right. 1703 01:25:32.080 --> 01:25:36.320 Does any, so the people that are here right now, do you have questions in particular? 1704 01:25:36.320 --> 01:25:38.720 Are you guys just hanging out because you like me? 1705 01:25:38.720 --> 01:25:39.720 Is that it? 1706 01:25:39.720 --> 01:25:40.720 I love you guys. 1707 01:25:40.720 --> 01:25:42.400 You guys are amazing.