Modern Mark Law

Modern Mark Law

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04/10/2023

$10,050 USD, if we're being specific.

Because Iโ€™ve been an IP lawyer for 8 years now

And in that time, Iโ€™ve found that when it comes to IP there are mostly two types of entrepreneurs:

1๏ธโƒฃ ๐™๐™๐™š ๐˜ฟ๐™‚๐˜ผ๐™๐™จ
(a.k.a. those that donโ€™t understand the value of it, and donโ€™t care)

2๏ธโƒฃ ๐™๐™๐™š ๐™ค๐™ซ๐™š๐™ง-๐™ฅ๐™ง๐™ค๐™ฉ๐™š๐™˜๐™ฉ๐™ž๐™ซ๐™š ๐™ข๐™–๐™ข๐™– ๐™—๐™š๐™–๐™ง๐™จ
(a.k.a. those that understand the value of it, and go nuts over trying to keep it safe)

Neither is productive

But 90% of the time, itโ€™s an โ€œall or nothingโ€ approach ๐Ÿคทโ€โ™€๏ธ

Because once you ๐˜ณ๐˜ฆ๐˜ข๐˜ญ๐˜ญ๐˜บ start to think about how much

โŒ› time
๐Ÿ’ฐ money
โšก energy

Youโ€™re investing in creating those assets

And once you realize just how much you can do with them

Or rather, how much they can do for you (and your bank account)

It becomes hard not to be crazy over-protective, right?

(I just pictured C*caine Bear. ๐Ÿ˜‚)

But then it becomes my job to step in andโ€ฆ tranquilize you?

(This analogy has clearly gotten away from me)

๐—•๐—ฒ๐—ฐ๐—ฎ๐˜‚๐˜€๐—ฒ ๐˜๐—ต๐—ฒ ๐—ฝ๐—ฟ๐—ผ๐˜๐—ฒ๐—ฐ๐˜๐—ถ๐—ผ๐—ป ๐˜†๐—ผ๐˜‚ ๐™๐™ƒ๐™„๐™‰๐™† ๐˜†๐—ผ๐˜‚ ๐—ป๐—ฒ๐—ฒ๐—ฑ, ๐—ถ๐˜€๐—ปโ€™๐˜ ๐—ฎ๐—น๐˜„๐—ฎ๐˜†๐˜€ ๐˜๐—ต๐—ฒ ๐—ฝ๐—ฟ๐—ผ๐˜๐—ฒ๐—ฐ๐˜๐—ถ๐—ผ๐—ป ๐˜†๐—ผ๐˜‚ ๐˜ผ๐˜พ๐™๐™๐˜ผ๐™‡๐™‡๐™” ๐—ป๐—ฒ๐—ฒ๐—ฑ! ๐Ÿคฏ

But if you get all hyped up

And start haphazardly securing everything

Instead of looking at your ๐—น๐—ผ๐—ป๐—ด-๐˜๐—ฒ๐—ฟ๐—บ ๐—ฝ๐—น๐—ฎ๐—ป๐˜€

And being ๐™จ๐™ฉ๐™ง๐™–๐™ฉ๐™š๐™œ๐™ž๐™˜ about whatโ€™s important to your:

๐ŸŒŸ brand
๐ŸŒŸ growth
๐ŸŒŸ legacy
๐ŸŒŸ impact

And what isnโ€™tโ€ฆ

Then you could be wasting a ton of money

For what?

Got some valuable IP and want to avoid being a c*caine ๐Ÿป? ๐Ÿ˜‚

Iโ€™ve got 2 spots left in April to talk strategy!

๐Ÿ– if you want it.

03/31/2023

Why do we judge?

Because what's on the cover of a book?

The name, the image, the author... the ๐Ÿ๐ข๐ซ๐ฌ๐ญ ๐ข๐ฆ๐ฉ๐ซ๐ž๐ฌ๐ฌ๐ข๐จ๐ง (duh).

๐–๐ก๐ž๐ง ๐ฒ๐จ๐ฎ ๐ฅ๐จ๐จ๐ค ๐š๐ญ ๐ญ๐ก๐ž ๐œ๐จ๐ฏ๐ž๐ซ, ๐ฒ๐จ๐ฎ ๐ฆ๐š๐ค๐ž ๐š๐ง ๐’Š๐’๐’”๐’•๐’‚๐’๐’•๐’‚๐’๐’†๐’๐’–๐’” ๐’‹๐’–๐’…๐’ˆ๐’Ž๐’†๐’๐’• ๐š๐›๐จ๐ฎ๐ญ ๐ข๐ญ ๐š๐ง๐ ๐ฒ๐จ๐ฎ ๐ค๐ง๐จ๐ฐ ๐ข๐Ÿ ๐ฒ๐จ๐ฎ'๐ซ๐ž ๐›๐ฎ๐ฒ๐ข๐ง๐  ๐ญ๐ก๐š๐ญ ๐›๐จ๐จ๐ค.

Same goes for your branding.

Your branding is your book cover! ๐Ÿคฏ

When your potential customers and clients first see:
โœ… your name
โœ… your logo
โœ… your socials
โœ… your website
โœ… your packaging
โœ… the overall way you present

All of that? That's your cover!

โ“ Is your name memorable?
โ“ Is your logo drawing them in?
โ“ Does the website speak to your professionalism?
โ“ Is your packaging (actual and proverbial) attractive?
โ“ Are you a legit brand or are you just playing business?

๐“๐ก๐ž๐ฒ'๐ซ๐ž ๐ฅ๐จ๐จ๐ค๐ข๐ง๐  ๐š๐ง๐ ๐ญ๐ก๐ž๐ฒ'๐ซ๐ž ๐ฃ๐ฎ๐๐ ๐ข๐ง๐ .

๐Ÿค” Are they going to take that next step with you?

๐Ÿค” Are they buying what you're selling or are they putting you back on the shelf?

What's YOUR branding saying about YOU?

(As an aside, can we just take a second to acknowledge the f*cking genius that is Jessica Walter's stank face? May she RIP ๐Ÿ˜ญ๐Ÿ˜ญ๐Ÿ˜ญ)

03/20/2023

๐’๐ญ๐ข๐ฅ๐ฅ ๐ฎ๐ฌ๐ข๐ง๐  ๐ญ๐ก๐ž โ„ข ๐ฌ๐ฒ๐ฆ๐›๐จ๐ฅ ๐จ๐ง ๐ฒ๐จ๐ฎ๐ซ ๐ฆ๐จ๐ฌ๐ญ ๐ฏ๐š๐ฅ๐ฎ๐š๐›๐ฅ๐ž ๐ญ๐ซ๐š๐๐ž๐ฆ๐š๐ซ๐ค๐ฌ?

Here's the only thing you're getting out of it:

You've put the world on notice that you're reserving common law rights to your name, logo, or tagline.

The thing about common law rights, though?

They exist only in the geographic areas where the mark is being used.

"Oh Vicky" you're thinking, "I'm all good... I operate ONLINE. I'm EVERYWHERE!" ๐Ÿ™Œ

Except that the archaic trademark law doesn't agree. WOMP WOMP.

It's 2023, so you'd think they'd catch up by now?

But no.

You'd have to demonstrate that you have significant ties to a state in order to establish rights there. ๐Ÿ˜‘

And then you'd have to do that in every other state. ๐Ÿ˜ฉ

๐€ ๐ซ๐ž๐ ๐ข๐ฌ๐ญ๐ž๐ซ๐ž๐ ๐ญ๐ซ๐š๐๐ž๐ฆ๐š๐ซ๐ค, ๐จ๐ง ๐ญ๐ก๐ž ๐จ๐ญ๐ก๐ž๐ซ ๐ก๐š๐ง๐, ๐ ๐ข๐ฏ๐ž๐ฌ ๐ฒ๐จ๐ฎ ๐ž๐ฑ๐œ๐ฅ๐ฎ๐ฌ๐ข๐ฏ๐ž, ๐๐€๐“๐ˆ๐Ž๐๐–๐ˆ๐ƒ๐„ ๐ซ๐ข๐ ๐ก๐ญ๐ฌ ๐ญ๐จ ๐ฒ๐จ๐ฎ๐ซ ๐ง๐š๐ฆ๐ž, ๐ฅ๐จ๐ ๐จ, ๐จ๐ซ ๐ญ๐š๐ ๐ฅ๐ข๐ง๐ž.

And the ability to exclude others from using something similar!

Pretty... pretty good, eh?

So, if you ๐‘น๐‘ฌ๐‘จ๐‘ณ๐‘ณ๐’€ love your name, logo, or tagline, it might be time to drop the โ„ข.

Think you might be ready to upgrade to an ยฎ?

DM me, let's talk about it!

03/14/2023

๐Ÿ“ข YOU are NOT a cookie cutter brand.

๐Ÿ“ข YOU are unique.

๐Ÿ“ข YOU are looking to stand out, NOT to blend in.

Which means that generic advice that's splattered all over the internet may be wholly inapplicable (or even detrimental) to you.

So, next time you're thinking about falling down the social media/Google rabbit hole, please remember this:

It's HIGHLY UNLIKELY that there is a "one size fits all" solution to your very specific problem.

And even when your problem seems general, I promise you, there is ALWAYS nuance.

This is especially true when it comes to your intellectual property.

Everyone and their mom is out there screaming: "if you've got a trademarkable/ copyrightable asset, just register it!"

This isn't just an over-simplification of a complicated legal issue, but sometimes this seemingly innocent advice is DEAD WRONG!

(Just ask all the people whose trademarks/ copyrights I refused to register ๐Ÿ˜‰).

So if you're thinking of blindly following the masses, then maybe it'll work out well for you?

Maybe it has for your competitors?

Or other random brands?

But then maybe it won't? ๐Ÿคทโ€โ™€๏ธ

At best you'll lose out on your time and money.

At worst, you can sabotage your brand growth... or find yourself on the receiving end of a cease and desist. ๐Ÿ˜ฉ

If you didn't get into business to commoditize yourself, then stop seeking out commoditized solutions!

Agree or disagree?

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