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This is a guest podcast from our own, Irina Pomestchenko. Irina is a patent professional for AMD LAW Group. In this episode, Irina discussed the process for securing patent protection outside the U.S.
Enjoy!
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TRANSCRIPT
Hello and welcome to the “Is my brand protected” podcast. My name is Alana Ballantyne and I am your host for today. I will start with a quote from Thomas Edison - Edison once said this about his invention, the light bulb,
“I haven’t failed, I’ve just found 1000 ways that won’t work.”
Now he certainly couldn’t patent all 1000 of those ideas, but today’s we will discuss how he could have properly patented one of them.
When we think of a patent, we think of inventions and devices. Legally, a patent is a government license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention. For example, Thomas Edison patented his invention of the incandescent lamp in 1880. This meant that no one else could build or sell an electric light in the manner that Edison did. Edison held the sole rights to that particular invention.
What a powerful legal position!
But what happens when someone uses a patented invention without permission? About 95 percent of patent disputes in the US are resolved before trial, either through alternative dispute resolution or settlement. This episode is for those rare few who find themselves actively litigating the 5% of patent cases that actually go to trial.
Usually, litigation will begin by either sending or receiving a demand letter, also known as a “cease and desist” letter. You would send a demand letter if you have a good faith basis to believe that someone is infringing on your patent. In this situation, before sending a demand letter, it is important that you reasonably investigate the claim; you want to be sure that infringement is actually occurring. Your letter should identify the patent or patents involved and give a description of why the patent owner believes the business infringes.
In terms of infringement, it is important to know the difference between a patent and a provisional patent. A provisional patent is a placeholder patent that lasts for a year. It's not examined by PTO. and not published. Within 12 months of the provisional filing, the full utility application should be submitted. Once a provisional application is submitted - the patent is considered pending. From this point on nobody can sell, import or use the invention in the US. If you notice someone is infringing on your pending patent, you cannot sue until the full utility patent is issued.
You can send an infringing party demand letter. It lets the infringer know that you are planning to file the lawsuit once your utility patent is granted.
If you receive a demand letter, it means that the other party believes that you are infringing on their patent. Sometimes, you will receive a letter with vague demands for payment and no additional information. This can make it difficult to assess whether the persons sending the letter has a legitimate claim. There is an entire cottage industry of individuals who make phony or frivolous patent claims against businesses and attempt to intimidate it into paying. For example, some people patent lots of possible inventions at once and then try and sue companies that invent something that is anything close to the patent they hold.
The next stage of patent litigation is the complaint. The complaint is a document filed in federal court by the plaintiff that initiates the lawsuit. The purpose of the document is to provide notice to the defense about the specifics of the plaintiff’s claims. The complaint must include a short and plain statement of the grounds of the claim. For a patent claim, it should include images and specifications. The complaint should also include a demand for relief and the type of relief sought. If you are the defendant, you must file an answer to the complaint within 21 days of receiving notice of the complaint.
After the defendant files an answer, the court sets the schedule for the case. No matter which side of the case you are on, you must meet with the opposing party and set up a time to hand over initial disclosures as well as determine the scope of discovery. Relevant information is generally discoverable, except when it falls under an exception. Information does not have to be admissible in order to be discoverable. It must be reasonably calculated to lead to relevant information. Some judges may require parties to exchange their claim construction contentions at the beginning of the case instead of waiting for discovery.
Claim construction is the process of deciding what the various terms of the patent mean. A patent claim is supposed to be read “in light of the specification,” meaning that you interpret the claims based on what’s in the patent application. The plaintiff and defendant will sit down and run through each claim; proposing their respective definitions to each other. Courts generally encourage parties to come to an agreement on what each term means. Courts do not like to get involved in settling such questions.
The parties will then brief each claim. The court will set what is known as a Markman Hearing. At these hearings, both sides will advocate before a judge for their definition of each term in the claim. The judge is allowed to adopt either party’s definition or neither party’s definition. Regardless, once the Markman opinion issues, it’s often clear whether the defendant infringes and whether the patent is valid. There may be a need for a protective order. A simple guide on protective orders can be found online.
This is a common settlement point. If there’s no settlement, the parties will typically move for summary judgment.If summary judgment is not granted and the parties have not settled, trial is the next step. A trial is the most expensive part of litigation. Patent cases also involve expert testimony on both sides. The trial often comes down to which expert the jury believes the most. After the trial, the jury will return a verdict.
Patent litigation has the potential to be a long and arduous process. The USPTO website has more information on patent litigation! Please let us know if you have any questions. We are here to help you answer your trademark, patent, and copyright questions.
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This is our interview with Life-Coach, James Bonds. Coach Bonds is a life-coach for business owners and entrepreneurs with a focus on C-Suite executives. Coach Bonds shares some of his insights with us such as the coveted notion of "having it all". Coach Bonds is the curator of the Well-Driven Life. com website and represents both national and international clients. Coach Bonds can be reached via his toll-free number (866)775-5233 or his Well Driven Life website.
We hope you enjoy this episode!
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In this episode, we interview Irina Pomestchenko. Enjoy!
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In this episode we discuss - What is a Trademark? The lead-off quote:
I dyed my hair this crazy red to bid for attention. It has become a trademark, and I've got to keep it this way. ~Lucille BallTRANSCRIPTION Hello and welcome to the IS MY BRAND PROTECTED? podcast. I am Aurelia Mitchell Durant your host for today and today I'm just going to chat with you a little bit about what a trademark is and what a trademark is not the leadoff quote is from Lucille Ball. I dyed my hair this crazy red to bid for attention. It has become a trademark and I've got to keep it this way. That is from Lucille Ball from I Love Lucy fame and that highlights what a trademark is not a trademark is not something that you do. That's her process like your hairstyle are the way that you walk a trademark is a brand that you build using commerce so arguably you could say that Lucille Ball is hair color was a trademark. But it wasn't exactly a trademark that can be protected. So, when you think about your brand and think about protection think about those elements that you want the public to seize on. But it has to be something that is tangible something that you can actually enforce as a particular trademark. So, a trademark is not just any catchphrase or slogan that you use is actually what you're going to use to build your brand around. So, for example, Nike is a trademark and they also have a popular tagline that they use. That's also a trademark. The tagline is “Just Do It”. And then also the logo is a trademark because those are things that you use in commerce. So, a trademark is not something that you casually stumble upon that you use occasionally your trademark for your brand is something that you want to be known by. Now, this is very distinct from what your corporate name is, for example, the trademark brand name for the Mattel company is Barbie. So, it's not the same name. And that's how you evidence that trademark. That's not exactly the same thing. The other thing that I want to point out is that you can have something called a state-wide trademark and that's where you have a trademark within a particular state or geographic region. However, when you federally protect your brand and register a trademark you have protection across the nation. And it also gives you some preference if you go outside the U.S. and want to do business there. The Internet makes all things global so having a federal trademark is definitely the way to go. Now the other thing that you should keep in mind is that you don't necessarily have to register your trademark you're going to actually have something called common law rights. And that's where you have the right to use it as long as you can demonstrate that you were the first to actually use the particular mark. But that's an imperfect way to operate and that's probably not the best way to operate your business it's probably better in most instances to actually registered the trademark. And that way you get a certificate that proves to the world that you actually own that particular brand. So those are my tips for today. And thank you so much for listening to this episode of The Is My Brand Protected podcast. Be sure to follow us on the web at www.ismybrandprotected.com. Safeguarding Your Dreams by protecting your brand.
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In this episode, we will discuss website encryption for your website. Lead-off quote:
Whether it's Google or Apple or free software, we've got some fantastic competitors and it keeps us on our toes. ~Bill GatesTRANSCRIPTION Hello and welcome to the IS MY BRAND PROTECTED? podcasts. I am Aurelia Mitchell Durant your host for today and today we're going to discuss SSL certificates for your Web site. Imagine the struggle and finding a lead quote that related to web site encryption. I couldn't find one but I do have one from Bill Gates. Whether it's Google or Apple are free software. We've got some fantastic competitors and it keeps us on our toes. This episode is akin to a PSA heads up a word to the wise starting in July which were this episode is probably going to air after the 1st of July but starting in July. Google Chrome will mark all HTTP sites as not secure. If you notice when you go to a Web site that is not secure it says HTTP. This means that the data is unencrypted which also means that any information that you share on the website may also be unencrypted. The significance is that in July Google will go from version 64 of Chrome to version 68 of Chrome with this new version. Google will mark any unencrypted Web site as not secure and that will show the top bar when you visit the website. I don't know about you but I don't like going to Web sites that are marked as not secure because that means to me that the information is not protected as not being encrypted properly. But because 89 of the top 100 Web sites are using SSL certificates and becoming secure it is now nudged everyone else to get up with the times and actually have their Web site secure. So that means that you have to reach out to your hosting provider or your domain servicer and get an SSL certificate for your web. So that's something that is very very important that you do if you're receiving any type of traffic on your website. So, it's not so much about whether you show up in Google because as of 2015 Google started to rank some of the websites that were not secured anyway. So even if you do show up in a Google search when visitors go to your Web site it may say and it probably will say that it's not secure if they're using the Google platform. So, there are other search engines that you can use. But everybody's inclined to Google something so if you have a website which I suggest that if you're building any business brand that you do have a website it's best that you have it secured. You have we're already in July so you have some time to do that but that's something that should be high on your priority list. So, I hope you found some information that you can use from this particular episode. And I thank you for listening to the IS MY BRAND PROTECTED? podcast. Safeguarding your dreams by protecting your brand. Resources: https://www.theverge.com/2018/2/8/16991254/chrome-not-secure-marked-http-encryption-ssl
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In this episode, we discuss cultural appropriation or "Doing it for the Culture."
Lead-off quote:
“I’m not tone deaf to where I don’t get it.
I do get it.”
~Kim Kardashian WestTRANSCRIPTION
Hello and welcome to the IS MY BRAND PROTECTED? podcast. I am Aurelia Mitchell Durant, your host for today and today we're going to talk about doing it for the culture. In other words, cultural appropriation. The lead-off quote for today is from Kim Kardashian West and the quote is I'm not tone deaf to where I don't get it. I do get what she's talking about is the recent flack about her decision to wear Fulani style African breeds. Cultural appropriation is the concept of dealing with the adoption of elements of the minority culture by members of the dominant culture. So, this applies to fashion symbols language music. The most outward expression of it is in terms of the hairstyles that women wear braids are traditionally considered an African element of culture. But is there any ownership of that particular piece of culture when you think about it in the context of building a brand. Some of you if you're old enough are willing to admit that you are old enough remember Bo Derek in the movie 10 where she was running along the beach with these long flowing braids in her hair with beads at the end African-Americans like myself. No, that one of the reasons why she had beads at the end is because her hair didn't have the same level of kink to be able to hold the braids so they needed to be something at the end to hold the beads.
But was that considered cultural misappropriation. When you think about it cultural misappropriation is where you take ownership over that particular element of the culture when you know it's not part of your culture. So, I came across this interesting article that went over the do's and don'ts of cultural appropriation. The article is from the Atlantic and was published a couple of years ago. Number one don't dress up like an ethnic stereotype. So, what that means is blackface is never ok is never all right. And you think of the things that are considered stereotypes, think of the Washington Redskins. And there was controversy about the use of the word Redskins because it was considered a slur towards Native Americans. So, one of the main things to do when you go to appropriate the minority culture which minority is kind of fleeting these days but when you go to use something that's not an element of the dominant culture is it makes sure that you don't bolster a stereotype too. It's important to pay homage to the artists and ideas and knowledge where they came from. That's why my opening quote from Kim Kardashian West is so demonstrative. Because what she's saying is that she's not taking on the element of the culture as part of her personal brand. This is something that she's paying tribute to because she recognizes the origin.
As an African-American with verifiable Native American roots. I can say that number three is of utmost importance. Do not adopt sacred artifacts as said sarees. I have some artifacts that come from my Native American ancestry and one of the things that must not ever happen is to be able to use it as a fashion accessory. Those are things that I have framed that I keep sacred because they're special to me and it's an insult. If you take something that's considered an artifact by the minority culture or any culture and use it as a fashion accessory. For you cannot freeze culture into a moment in time culture changes based upon what's going on in that particular decade. So, what was considered cultural in the 60s is not the same as what's considered cultural today. Diversity is still important and cultural appropriation does not replace diversity. We used to talk about having a notion of tolerance for people that were different from yourself. But if I can engage in a little bit of psychological political babble I would venture to say that tolerance is not enough. These days you need to go beyond tolerance and into something that is acceptance or mimics acceptance or something beyond just tolerance because no one and no culture wants to feel like they're being tolerated.
If you get my drift.
Since we went down a more political path. Number six is gonna provoke some dialogue and that is engaged with other cultures on a more than aesthetic level. So that means that you can't really pick and choose which elements of the culture are important to you although you can. But in terms of understanding how things become culturally significant, it would be a good idea if you yourself a little bit more to understand the why for example there is a cultural notion called Epic memory. We act out things that happen to our ancestors even if they haven't happened to us in particular. And one of the cultural significant elements of epic memory is why black men tend to stroll and I learned about this when I was a student at Temple University in a class taught by Dr. Molefi Asante. The theory is that the tendency of a black man to stroll if you can kind of envision what a stroll looks like.
This tendency was to drag one foot in a cool manner and was prevalent in the 70s. The theory is that epic memory is at play because epic memory says that you act out things that didn't happen to you. What happened to your ancestors drew some sort of historical recall. So, when you look at a stroll from the 70s what that mimics is what it felt like to have shackles on your ankles.
In terms of understanding and engaging with other cultures understanding is the most important thing. I mean so if you venture to cultural appropriate try to do it on a more than superficial level. So, I hope this episode gave you something to think about when you think about elements of cultures that are not your own culture that you like and you want to adopt that you really dig and you can think about giving credit and actually making sure that you do the culture right. So, when we talk about doing it for the culture that means representing the culture and keeping the culture integral to who we are as a people. This has been the is my brand protected podcast. Thank you very much for listening. Be sure to like comment subscribe and be sure to follow us on the web at www.ismybrandprotected.com. Safeguarding your dreams by protecting your brand.
Resource: https://www.theatlantic.com/entertainment/archive/2015/10/the-dos-and-donts-of-cultural-appropriation/411292/
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In this episode, we discuss the three types of patents. Lead-off Quote:
We think we have solved the mystery of creation. Maybe we should patent the universe and charge everyone royalties for their existence. ~Stephen HawkingsA patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. The Three Types of Patent – Utility, Design, Plant
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In this episode, we discuss the Top 10 Most Valuable Brands. Lead-off Quote
A great brand is a story that’s never completely told. A brand is a metaphorical story that connects with something very deep – a fundamental appreciation of mythology. Stories create the emotional context people need to locate themselves in a larger experience. ~Scott BedburyTop 10 Most Valuable Brands as of 2018.
Amazon $150.8 Billion Apple $146.3 Billion Google $120.9 Billion Samsung $92.3 Billion Facebook $89.7 Billion AT&T $82.7 Billon Microsoft $81.2 Billion Verizon $62.8 Billion Walmart $61.5 Billion ICBC $59.2 BillionSource: https://www.inc.com/business-insider/amazon-google-most-valuable-brands-brand-finance-2018.html
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In this episode, we discuss the Top 10 Reasons to Protect Your Brand. The lead-off quote:
The best lightning rod for your protection is your own spine. — Ralph Waldo Emerson Prevent brand confusion Reputation Recovery of damages Incontestability after 5 years Public perception Easier to prove trademark infringement Puts others on notice of your brand Protects smaller brands Preventing infringing goods from entering the U.S. Brand investment -
Download this episode In this episode, we discuss how to use photos in a way to lessen copyright violations. The lead-off quote:
The best thing about a picture is that it never changes, even when the people in it do.”
— Andy Warhol
Always ask permission to use a photo. The first step in legally obtaining copyrighted images is to simply ask permission from the owner. It’s very important that you make sure the person you’re asking has the rights to license the image. You’re going to want to explain how you’re going to use it and give them a URL of where it is going to go. If they agree, they may insist on strict guidelines for the use of the image. They may only let you use that one image in that one instance, so it’s important to know what parameters you can use the image in before you give it many purposes. Other things to keep in mind are that the owners might ask you to pay a fee when you request their permission for their material. Finally, but maybe most importantly, you should ask well in advance before you plan on putting the image on your site. Allow yourself time to obtain sufficient permissions. Give proper credit to the creator of the photo. The copyright to the photo image is owned by the photographer, not by the image in the photo. So if the photo is of a celebrity, the photographer owns the copyright not the celebrity in the photo. If you’re granted permission to use someone’s photos, you’ll usually be given instructions on how to credit them. Often, the instructions for use can be found in the terms and conditions of the website displaying the photos. These terms and conditions specify how to acknowledge them in their terms of use, so make sure you read the terms and conditions carefully. If there is no formal instruction, just adding their name and a link from that to their website may not be sufficient. It is best to contact them. Understand the Fair Use Doctrine. Under very specific circumstances, you may be able to use copyrighted material without permission. This can be done if your use of the material falls under the Fair Use doctrine in copyright law. In order to find out if Fair Use applies to you and your plans, consider these four factors: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantial portion used in relation to the copyrighted work as a whole; and The effect of the use upon the potential market for or value of the copyrighted work. Use images with Creative Commons licenses. One very useful and convenient alternative to seeking permission is to look for photography with a Creative Commons license. These are images distributed by photographers that have terms of licensing that users must abide by in order to use them. This means you won’t have to contact the image owner for permission, but it does mean that you’ll have to follow the licensing term that the owner is granting. Purchase Stock Photos. If your site needs an image fast, you can always buy images from low-cost stock photography sites such as iStockphoto. If you’re willing to spend even more money, you can find better quality images from sites like Shutterstock or Getty Images. Basically, the higher quality the photo, the more money it’s going to cost.
TRANSCRIPTION
Hello and welcome to the IS MY BRAND PROTECTED? podcast. I am Aurelia Mitchell Durant your host for today and today we're going to talk about how to properly use photos the leadoff Quote for today is from Andy Warhol. The best thing about a picture is that it never changes even when the people in it do. Visual Media has become instrumental in designing a website and creating a social media or Internet presence. But if you don't own the photos that you plan on using How do you go about getting the photos you need. Grabbing pictures off google images or some other Web site when you don't own the pictures is not cool. There's a notion with the internet that is like a buffet and you can pick what you want even if you don't own it because it was put out in public. But that's not actually true. You actually could be committing copyright infringement and open yourself up for damages and sometimes those damages can be significant. So what do you do? The most preferred way is to ask permission to use a photo. This is the first step in legally obtaining copyrighted images and this means that you asked permission from the owner. It's important that you make sure that the person that you're asking has the rights to license the image in the first place. You're also going to want to explain why you're going to use it and give you are well the Web site for example where it's going to go if they agree they may insist upon strict guidelines for the use of the image.
They may only let you use the image one time for example. So it's important to understand what your parameters are so that you can make sure that you're using the image properly. Other things to keep in mind is that the owners might ask you to pay a fee when you request permission to use their material. Additionally, you should ask well in advance of when you're planning to put the image on your Web site or use it in social media allow yourself sufficient time to obtain the proper permission. You could also give proper credit to the creator of the photo the copyright of the photo image images owned by the photographer, not by the image in the photo. So if the photo was of a celebrity the photographer owns the copyright. Not the celebrity that's in the photo. If you are granted permission to use someone else's photo you'll usually be given instructions on how to give them proper credit. These terms and conditions of credit are very very important and you should make sure you follow proper instructions. Also, you should understand the fair use doctrine under very specific circumstances you may be able to use copyrighted material without permission. This can be done if your use of the materials falls under the Fair Use doctrine of copyright law. There are four things to consider. Relative to the fair use doctrine. 1 What is the purpose and character of your use including whether your use is of a commercial nature or if his for a non-profit educational purpose to what is the nature of the copyrighted work itself?
3 The amount or the substantial portion that you will use in relation to the copyrighted work as a whole. Are you using substantially all of it? Are you taking a little piece of it and for the effect of your use on the potential market value of the copyright at work. One very useful and convenient alternative to seeking permission is to look for photography with a Creative Commons license. These are images distributed by photographers that have come with terms of licensing that users may abide by in order to use the photos. This means that you won't have to contact the image owner for permission but it does mean that you have to follow the licensing terms that the owner is granting. Also, you can purchase stock videos if your site needs an image fast you can always buy the images from a low-cost stock provider such as stock photos. If you're willing to spend even more money you can find better quality images from sites like shedders shock and Getty Images. Basically the higher quality of the photo the more money it costs. I hope this gives some insight into how to properly use images on the Internet. Thank you for listening to this episode of The Mind brand protected podcast. Be sure to subscribe and visit us on the web at www.ismybrandprotected.com. Safeguarding Your Dreams by protecting your brand.
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In this episode, we talk about developing an exit strategy for your business and why it is important.
Our lead-off quotes:
The end of a matter is better than its beginning, and patience is better than pride. - Ecclesiastes 7:8 (NIV)
I make known the end from the beginning, from ancient times, what is still to come. I say, 'My purpose will stand, and I will do all that I please. - Isaiah 46:10 (NIV)
Exit Strategies to consider:
Lifestyle Company - where there is no planned exit strategy Planned Liquidation Mergers and Acquisitions Initial Public Offering (IPO) Sale to a Friendly BuyerTRANSCRIPTION
Hello and welcome to the IS MY BRAND PROTECTED? podcast. I am Aurelia Mitchell Durant your host for today and this episode we will talk about developing an exit strategy for your business and why it is important. Today's lead off quotes are from the New International Version of the Bible. Ecclesiastes 7 verse 8 the end of a matter is better than it's beginning and patience is better than pride. Also from Isaiah 46 Verse 10 I make known the end from the beginning from ancient times. What is still to come. I say My purpose will stand and I will do all that I please. Having the end in mind allows you to adequately plan for the future. This holds true in life and in business. From a legal vantage point knowing where you want to end up is important in planning your formation and brand protection strategies. We will discuss forms of business incarnation in the future but I will add here that it is best to know your exit strategy before you decide whether an LLC or other form of business is adequate. Entrepreneurs thrive on the adrenalin associated with starting a new business but planning can help you to stay on course when the excitement has waned. When the glitter is gone decisions are cumulative. Now there is an approach called Building a lifestyle company where the end goal is that there is no end goal.
You essentially use all the business revenue with no thought to the performance of the company. This is the Live for today model. Don't worry about the future. Here survival and not monetization is the goal. There are a multitude of downsides to this approach such as the need for a long-term planning for your future because you do have to still consider your future even if you live for today and tax implications. Planned liquidation is another option. This is where your plan is to close up shop and sell the assets. This is a viable option but your intellectual property may be caught up in the assets. The downside here is that you will only realize the market value of the assets if you have shareholders they may be less than pleased. Another option is mergers and or acquisitions. This is a popular option with tech sector entrepreneurs. This is where they build a product or service with the goal in mind to be bought by a larger company are the plan is to merge with a bigger company to create an even bigger company. This requires you to build your company so that it is attractive to larger companies or to a company seeking a merger in terms of valuation you are seeking an arrangement where the acquirer or the merger partner values your company beyond its market value which requires some real strategy.
Sounds good right. Who wouldn't want their company we acquired for more than the market value. But it's not that simple. Mergers and acquisitions are met with company culture clashes and they can be a bit messy. Another option is the initial public offering or IPO IPO used to be the preferred exit strategy. But the IPO rate has been declining for years. Additionally, there are regulatory hurdles like the brain's Oxley and underwriting challenges that may be too extreme for startup stock values are likely to increase but it may not be that easy to do that if you have outside investors. There also may be additional fees here the LLC form a business probably won't work and you'll probably have to reorganize before the IPO. Another option is to sell to a friendly buyer. Here you would not have the same need for due diligence as a friendly buyer might be a family member or a close friend. The downside is managing the expectations of the buyer who you have a prior relationship with. You wouldn't want a bad business deal to make things tight on Thanksgiving. Our mess up a good friendship. The takeaway is that proper business planning would go a long way in all stages of your business adventure from the start middle and end the end. Take some time to get clear on where you would like to end up. From.
This discussion reminds me of the moonshot methodology. Are you familiar with that? That is where Google's co-founder Larry Page talked about a methodology that a use for Google at the beginning that said that the goal is to shoot for the moon so that if you miss you land amongst the stars. So my friend what I want you to do is I want you to shoot for the moon. I want you to do that planning to get to the moon. Get things in order. And I thank you for listening to this episode of The IS MY BRAND PROTECTED? podcast. Be sure to subscribe and visit us on the web at www.ismybrandprotected.com. -
In this episode, we chat it up about some really interesting celebrity trademarks. Our lead-off quote:
Certainly I was typed. But what is typing? It is a trademark, a means by which the public recognizes you. Actors work all their lives to achieve that. I got mine with just one picture. It was a blessing. ~Boris Karloff
We talk about the brands of President Donald Trump, Taylor Swift, Paris Hilton, Curtis "50-Cent" Jackson, Michael Buffer, Tim Tebow and Anthony Davis.
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In this episode, we discuss drafting a proper website privacy notice. Our Lead-off quote:
Arguing that you don't care about the right to privacy because you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say.” ~Edward SnowdenCentral theme: You need a customized privacy notice for your website. Your privacy notice should answer the following questions:
Who is collecting the data? What data is being collected? What is your legal basis for processing the data? Will the data be shared with any third parties? How will the information be used? How long will the data be stored for? How can a consumer file a complaint? What rights does the consumer have relative to your collection? -
In this episode, we discuss the entrepreneur as a lifelong learner using lessons from Oprah Winfrey’s University of California commencement speech. Our Lead-off quote:
Education is what remains after one has forgotten what one has learned in school. ~Albert EinsteinCentral theme: Quotes from the Oprah Winfrey’s University of California commencement speech:
Your job is not who you are, it is what you do on the way to who you will become. It is best to be interested than interesting. Be so good at what you do that you cannot be dismissed. It is the IT factor that means that you keep going no matter what. Your legacy is every life you touch. -
In this episode, we discuss the Royal brand as an example of the use of brand licensing. Our Lead-off quote:
Branding demands commitment; commitment to continual re-invention; striking chords with people to stir their emotions; and commitment to imagination. It is easy to be cynical about such things, much harder to be successful. ~Sir Richard BransonThere was a remarkable striking and beautiful display of the British Royal family brand through the wedding of Prince Harry and Meghan Markel. According to a Nielsen report, 29.2 million American households were tuned in to the Royal celebration. The Royal brand is strong and getting stronger through the use of licenses, merchandising and advances in tourism.
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In this episode, we will discuss eight thoughts about developing a viable business idea. Lead-off Quote:
Great minds discuss ideas; average minds discuss events; small minds discuss people. ~Eleanor RooseveltCentral theme: Eight Thoughts About Developing a Viable Business Idea
When you start, do not worry about viability. Sometimes the best discoveries come by accident. Look for ideas that require as little capital as possible. Seek out ideas that will general some quick sales. Look for products or services that can withstand your growing pains. Seek to develop a product where there are a quantifiable number of customers. Avoid products that are merely an extension of a competitor’s product. Stay away from products that depend on government approval.TRANSCRIPTION
as stuck on a Caribbean resort with others. Branson chartered a plane and the airline was born. He did not make the capital investment in the planes until there was a volume. To seek out ideas that will generate some quick sales. The sooner you get a win on the board the better off you are and the more enthusiastic you will be. 5. Look for products or services that can withstand your growing pains. Mediocre performance is not preferred. I get it but sometimes it happens on your way to perfection. 6 seed to develop a product where there are a quantifiable number of customers. Is there a widespread demand for your product or service. 7 avoid products that are merely extensions of competitors products. Develop a target market that is independently stable. For example, if your idea is to develop a LCD lighted cell phone case your business model will change with the latest cell phones. 8 stay away from products that depend on governmental approval. For example pollution control innovations that need to meet regulatory approval even if the approval is forthcoming. It may be unpredictable and take too long. These are just some thoughts to ponder when considering your next great idea. Thank you for listening to this episode of The is my brand protected podcast. Be sure to subscribe and visit us on the web at www.amdlawgroup.com. Safeguarding Your Dreams by protecting your brand.
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In this episode we discuss, positioning your brand for protection. Our lead-off quote,
Things may come to those who wait, but only the things left by those who hustle.”
~Abraham LincolnCentral theme: Get clear on your mission, vision, and positioning. Make an honest assessment of where you are in your business. Be able to articulate the essential elements of your brand.
TRANSCRIPTION
Hello and welcome to the IS MY BRAND PROTECTED? podcast. I am Aurelia Mitchell Durant your host for today. Today we're going to talk about the necessary elements in positioning your brand. And the last episode we spoke with a technology sector entrepreneur. When thinking about your brand is more than just your hustle. You have to know your position in the marketplace. Speaking of hustle the lead quote for today is from Abraham Lincoln Lincoln said things may come to those who wait but only the things left by those who hustle. I love the quote but is my curious nature that led me to ponder the association with the word hustle as being part of the vernacular of our 16th president of the United States Abraham Lincoln. So I conducted some research. The word hustle is derived from the 17th-century Danish word hustlin which is spelled h u s s e l n and 1680 hussle meant to shake to and fro by 1840 hussle took on the meaning to get in a quick illegal manner by 1887 it came to mean to sell goods aggressively. Now the urban dictionary a yes that is a real thing says that hussle means to work hard on a goal. So when you conceive of your business brain you must be clear on your positioning. Positioning is a space you want to occupy in the mind of your customer.
This positioning begins at the onset of your business and should remain consistent although it may evolve just as you will. Positioning is not the same as your mission. Your mission is why it's why you are in business. This is different from your vision which is what your vision is what you do to accomplish your mission when asking is my brand protected. At the core of your hustle is your mission which is part of the feeling of your brand that brand is your name used in commerce which should eventually be positioned to become synonymous with your mission. This is a big deal because when you take the initial steps to protect your brand you have to know where you fit. There are currently 45 classes of service under the Federal Trademark Act. You have to pick a class. Are classes that are consistent with your positioning. The takeaway is to get clear on your mission vision and positioning make an honest assessment of where you are in your business. Be able to articulate the essential elements of your brand. Thank you for listening to this episode of The is my brand protectant podcast. Be sure to subscribe and visit us on the web at www.amdlawgroup.com. Safeguarding your dreams by protecting your brand.
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Download this episode In this episode we hear from Kimberly Broomer or Broomer-Carroll Enterprises, Inc. discussing her mobile application, Bankable Celebrations. Mrs. Broomer provides insight into the app development process. The best way to predict the future is to create it. ~Abraham Lincoln Be sure to download the Bankable Celebration App today!
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In this episode, we will discuss the use of trademark symbols in putting the world on notice of your trademark. Our lead-off quote:
Your premium brand had better be delivering something special, or it's not going to get the business.
~Warren Buffett
Central theme: Marketing begins with knowing the brand name you are seeking to highlight. Don’t get hung up on domains and corporate names, seek to build a premium identifiable brand. After all, Nike started off as just athletic shoes, the value is in the brand name.
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