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What You Don't Know About Your Business Could Cost You Everything | Epi 85

52m 26s

What You Don't Know About Your Business Could Cost You Everything | Epi 85

The transcript features a conversation between Victoria and Amy, a trademark attorney with 30 years of experience. Amy emphasizes that the first critical step for small business owners is to protect their business name by conducting a thorough trademark search before investing in branding. She warns that AI tools are unreliable for this task, as they are biased to please users and may provide false availability results. Additionally, AI prompts and outputs can be subpoenaed in litigation, creating legal risks. Amy advises using closed AI systems to safeguard confidentiality, especially when handling sensitive business documents or contracts. She highlights that AI-generated content is not copyrightable, as copyright law requires human authorship, and the US Copyright Office scrutinizes such claims. For photographers and content creators, filing copyright registrations early and often is crucial for enforcement, with collections of works offering a cost-effective strategy. Amy also discusses trademark classifications, the Supplemental Register, and international trademark protection via the Madrid Protocol. She cautions against relying on AI for legal advice, citing potential unauthorized practice of law and frivolous litigation risks. Overall, the conversation stresses proactive intellectual property management to avoid costly mistakes and legal challenges.

Transcription

8808 Words, 46867 Characters

English
Your name is really important. You're going to want to treat that as a trademark. I am very, very focused on helping small business owners adopt the perspective that no one speaks for free. When we're starting out, you know, we're not only trying to build the business, but also trying to build confidence. But we also have to be managers of people and, you know, dealers with finance. What is one thing that it come to you often about what's already gone wrong? So a lot of clients end up coming to us when A friend, before we jump right in, I want you to know that this conversation is going to be one of those episodes. You come back to so make sure you save it because my guess today is that kind of person who knows things that could save your business. And I don't mean that likely, you know, I mean, she has spent 30 years protecting brands of Fortune 100 companies, one time national entrepreneurs, enterprises, celebrities and entrepreneurs. And today she is sitting right here in the studio with me and Indianapolis. And she's about to give you the same wisdom. She gives our highest level clients. So make sure you stay with me. Hi Amy, how are you doing today? I'm so well, Victoria. How are you? I'm fine. Thank you. It's been a long time trying to make this happen. So I'm excited that you're here. I know. I appreciate your flexibility so much. And I've been looking forward to this for a while. Yeah, I mean to you. So you do a lot of things intellectually with your business. And you said earlier before we even started like you're celebrating five years. We are law firm turned five years old on February 1st. So I actually this weekend and just back from taking my entire team down to Southern Florida to a spa for a week as a thank you for everything that the whole team has done to get us where we are. So amazing. It's been a wonderful celebration. You know what? Like so as a small business and it is just completely tangential to what we're about to talk about. But I was thinking about as a small business. So I used to work in corporate. I was a scientist before I studied doing all of this. And you know, you think a lot about what the business is able to provide to you as in terms of benefits. And sometimes as a small business or now, we may or may not be able to provide such, you know, benefit packages. But to be able to go with your whole team to Southern Florida for a whole weekend. But that's like, you know, I really value my team so much. And I want to serve them in all the ways I can. We are a unique group of unicorns in many ways in that we all want to do excellent work for our clients and also be able to have a balance life. And this group comes together. It's such a strong team. And in fact, we usually do this retreat annually because we're all distributed throughout, you know, different states where people live. It's very important to me to get people together in person. I think videos are a great way to maintain a relationship. It's much harder way to start a relationship. So we do that every year while coming out of this retreat before we left. They said, we don't want to wait another year. So we're going to accelerate the next retreat and have it this fall. And maybe start doing them every six months instead. So that is amazing. Can I work for you? Absolutely. Absolutely. That's amazing. Okay. So we're going to talk about some of the things that we need to be thinking of earlier on before, you know, we grow this business. And then we start having problems with intellectual property and things like that. So I'm just going to drive right into the first question I have for you is that what is the number one thing that small business owners are not protecting right now that is costing them a lot? So I would say the very first thing that I would think about as a small business owner is what's your name? What's your name going to be? And how much are you planning to invest in that name? Say in the first six to 12 months. Some folks are very brand forward with their businesses, with their maybe services and products. Some people are more anonymized in that way. And if your brand, if your name is really important, you're going to want to treat that as a trademark. And you're certainly not going to want to invest all this time and money in in finding ways to deploy that trademark on the web. And connection with your offerings of goods and services in your marketing materials. And then find out three or six months later that you've infringed on someone else's name. And then, at a minimum, get a season to cis letter, potentially get sued. And then have to figure out, am I going to change it? Am I going to defend myself? It can be a real nightmare if you don't. You know, I had a client years ago that came to me. He'd been in business for six months. And wanted to search, you know, the name at that point. Well, we found someone that had been doing the same business with the same name for many years. Oh my goodness. And it was a very bitter pill for him to swallow that he was willfully infringing on this trademark and was putting himself at great risk at a minimum of having to change the name. You know, that's a friendly resolution. Right. But there's still a cost to the owner because you've invested all that time and money in getting the brand off the ground. There's something else to Victoria that I find as a trademark lawyer. And that is that trademarks are sort of bizarrely emotional for people. It's not, well, it's not just like owning a camera that you might like. You know, I'm looking at this beautiful setup you have here. But it's it folks almost feel like it's part of who they are. It's part of their business identity. And changing that or having it challenged by a third party can be a really difficult thing. Much harder than well, you have this asset, but you need to sell it to protect yourself for whatever reason. So we, you know, we suggest that that business owners before they launch at a minimum have us help them with the research, you know, or find someone to help them with the research. And I'll also just tell a quick story that AI is not very trustworthy in this regard. And this is why AI is programmed to try to get its users to bond. And so it, it wants you to like it. Right. It has that bias. So it's going to tell you that your trademark is available even when it's not because it's trying to build that bond. And I can't tell you the numerous times that, you know, I've been a part of or reviewed searches done by AI that are just flat wrong. So I just caution people in terms of of those uses. The other thing is your inputs, you know, your questions to your AI platform can be subpoenaed and discovered later in litigation. So someone challenging you could come along and say, well, you knew about me because you searched this and you've created that evidence against yourself handed over. So there's just a number of things to consider. But right off the bat, the first thing is a search and doing that research to see if someone else out there using that trademark. And then, you know, we can talk about, should you register it, where are you doing business and what countries, you know, that sort of thing. So you talked a little bit about, let's go back to the search because I'm going to go into the AI thing a little bit too. Sure. But I think that so I'm currently searching for a name that I'm trying to, you know, trademark. And then I'm learning that there's different classes. Absolutely. Which I would never, you know, like, because it's a whole lot of information out there. So even if the name is available in one class, it may not be available in a class that is maybe more pet and answer the person. So that's why, you know, services like yours is important. So make sure that you're getting on the right classifications correctly and things like that. Wouldn't you say? That's exactly right. The US Patent and Trademark Office and in fact, internationally, all of the goods and services in the world are divided into 40-some odd classes. And if you say, well, you know, my class is class nine for software. Someone else is in class, say 42 for software as a service. Are those the same or are they different? And that takes some thinking and some analysis, you know, you can say no right off the bat. But the answer may not be no. It depends on what the marketplace looks like, how many other people are out there using the same or a similar trademark. So it just requires going through those things. And I'm glad you brought up classifications because differences in classifications are not necessarily dispositive. Okay. It's not a black and white test in other words. Okay. So it can help. But you have to think about both. And services and products can still be confusingly similar. So let's say, you know, you're selling cookies and that's a product. But someone else has bakery services. Those could be confusingly similar. pending on the customer's point of view, which the search results sort of will tell a story and you'll be able to sort that out. The other thing we look at is what we look at a lot of factors but another sort of main thing we look at is who are the other players if they're giant firms versus a small business. Which is one of the things that I found in my own case too. I was like, "Ooh, right, do you really want to get even close to that?" So there's a lot of different factors. Like I said, it sort of tells us a story and then we're able to provide advice on that. Now there's also something called the Supplemental Application. The Supplemental Register versus the Principle Register. You've really done your homework because these are like sophisticated questions. So the US Trademark Office wanted to do something for businesses that wanted to be able to trademark their brands internationally but they didn't necessarily have a really strong trademark in the US. And by strong I mean the words in it were a little more descriptive of the product or service than they were say we call them fanciful or arbitrary. Which so a really strong brand that uses a plain English word is Apple for computers. Apple is not a computer, it's an anywhere closer computer. And even stronger is something that's made up like Hodak or Xerox. So those are really strong. The trademarks that describe more of what you do tend to be on the more descriptive side. So a descriptive trademark can still qualify for the Principle Register in certain circumstances. But even with descriptive trademarks companies wanted to be able to go outside of the US. And one of the ways to do that is to have a trademark application in the United States to then use that as a sort of a jumping off point for your international. That's really why the Supplemental Register exists. I think of it like varsity and junior varsity. You still get some rights with the Supplemental. You can still use the Circle R. But it lets you have that jumping off point for international applications. And then after a number of years you can apply to move your trademark to the Principle Register. So it's not a bad place to be in a lot of circumstances. Okay. So I don't know how to use US tools. Something like that is the office that handers trademark. The USPTOS. USPAT and then trademark office. Thank you. What is the body that does the international, that manages the international trademark? Sure. So there are different ways you can do that. One way is as you know all major markets have developed their own trademark office. There's another way to proceed however and that is through the Madrid Protocol. The Madrid Protocol is an international treaty that provides a single application system that then think of it as a wheel and spoke or hub and spoke. So you file that one international application and then the spokes go out to the various countries that you designate. And it's a less expensive way. It's a more efficient way to manage those international applications. You still have to deal with what each country says. But there's a lot of benefits to doing it that way. You can also treat the EU as one country. So there's a lot of cost savings there. But remember after Brexit the UK is not part of the EU so we always have to handle them separately. What we typically do is build a strategy and a budget. So depending on what your countries of interest might be, we'll say okay, these are members of the Madrid Protocol. We can do that. These countries did not join the Madrid Protocol so those are national applications. We put together a strategy there. That's so good because I was thinking how do you know all the laws for all the different countries and all the things like that. That's interesting. So let's go back to AI. If you spend five minutes with a small business owner that is maybe using AI for their businesses right now, you mentioned this a little bit. But what are some of the other things that they need? It absolutely needs to know that they don't know with using AI. Sure. The first most important thing is to make sure you are using a closed system. It's worth the money. Please buy it today or yesterday. As the case may be, the closed systems are the ones that keep your information private to you so that whatever your prompts are, whatever you're submitting in terms of documents or an email string, please summarize these emails. What have you are not going out into the internet for AI for other people to be able to pull from, right? You don't want to be doing that. So that's the very first thing I would do. The second thing I would suggest, and this goes back to something I said earlier, is be aware that what you are prompting AI is going to come back if potentially if it's in a lawsuit situation so that can be subpoenaed. So if you're asking questions about legal matters, just be aware of that. And when you hire a lawyer to do those things, it's different and you have more protections. So that's the second thing. The third thing is be careful when you are, if you're putting, say, a contract into an AI platform and saying, analyze this for me. AI is not always right. AI tends to hallucinate. AI also tends to sometimes create bizarrely worded contracts. I've had clients create contracts from AI and in my nearly 30 years of practice, I have never seen the language that it's using. It sounds strange and so it can be very convoluted if you're having it create contract language for you. Also be aware of confidentiality. If the documents that you are putting into your AI system have a confidentiality clause and you can't guarantee that it's kept confidential in your system, you may be violating a confidentiality clause. So there's also one more point and that is that AI is being taken to task by not just the court system, but some states are considering legislation that AI can be found to have and the companies behind it to be engaged in the unauthorized practice of law. So there's a pending legislation in New York on that right now and I imagine it's not the only state that's going to get on that train. Then there's also a lawsuit pending against one of the AI platforms because an individual woman who had settled a personal injury case went to AI and said, "Should I have settled that or not? Is it a bad settlement?" And of course AI is programmed to want you to like it. And so it said, "No, you should have gotten more money." And then it coached her to file dozens of documents with the court that were superfluous, frivolous, but the insurance company had to respond to every single one. Oh my goodness. Because that's how the court system works. You can't just let things go unanswered. So the insurance company is now suing that AI platform for making it go through those machinations. Yes. So there are a number of pitfalls that you want to be aware of. Wow. So the close system, I think that I don't think a lot of people are thinking about that because you know, whatever you put on the internet is there forever. And whether we like it or not, AI is also internet, right? So 100%. Right. And so there's been a debate in the creative community about how AI can now generate a lot of, you know, creatives, photos and videos. And we know that all of this generation is coming from somewhere, which is a lot of the work that has been out there. So the question is, and I don't know if you have an answer for this yet, but like, who really owns this data? So that's a great question. And we have been handling that for clients that are registering their content with the US Copyright Office. And nobody owns the copyright in that content. It's not copyrightable because it was not created by a human. And so it's something that when you file your copyright application, you have to disclose what was created by AI. And you're essentially carving out your claim of exclusive rights to that content. And the copyright office is being very strict in its review. In fact, we have filed applications that were 100% for content created by human being, 100%. And the copyright office came back and said, this looks like it was made by AI. And we've had to go back and say, it really wasn't. So they are scrutinizing this content in a lot of detail. Okay, so I used to be a photographer. That was what I did 100%. Okay. And I took photos of a target. of clients. Are you saying that I have to copyright every single, you know, creative that I created for each client? You know, that's to be protected in this area or like, is there like an umbrella, you know, protection? So, um, copyright law works this way. The minute you, you take a photograph, the photographs you took of me before this episode, you on the copyright in it today, as soon as you created it, right? If I want to own the copyright, I have to ask you for a written assignment if I want to own the whole thing. You're aware of all of that. If you find that, let's say you retain the copyright and somehow it gets out on the web and somebody steals it, to sue them, you have to have a copyright registration that you get through the copyright office. You know, you could send a cease and desist letter based on what are called your common law rights, which are the rights that were created today. But you wouldn't be able to necessarily get those money damages through court. It's a, this is one case in an intellectual property law where there is a bright line. Okay. And that is you have to have a certificate of registration to file that lawsuit in federal court. So you want to do that and you also want to do it within three months of creating that work. Oh wow. Because there is a particular section in the copyright statute that allows you to get money damages without having to prove that you actually had financial losses based on the infringement. Okay. So now we're really getting in the weeds. But the point is to file copyright applications early and often you ask about an umbrella protection. You can file collections of photographs. So and the pros and cons of that probably go beyond the scope of your question. But that is one way to save some money. Okay. Because I was thinking like, I mean, I'm constantly taking new photos. I mean, we're creating content right now. Like, what would that look like if I need to keep, you know, making sure that my content is not being infringed on like continuously? That's where my question was really coming from. Right. So some clients will file a group of different, you know, items say photographs or what have you, you know, quarterly or annually or whatever. The analysis comes into, you know, what the pros and cons are depending on how big those collections are and whether your enforcement will be as strong as you want it to be. And that kind of requires a little bit of a deeper dive. Okay. But getting it, whatever the decisions are around the strategy, getting it in in a process that is repeatable that you can calendar and then do it, you know, make sure is happening again and again. You know, and the same thing with written content like periodicals or anything like that, it all makes sense to make it a part of a process. Okay. That makes a lot of sense now. Okay. So there are a lot of small business owners that watch this channel and listen to. And so I have a question about that would help them specifically. What is one thing that they come to you often about what's already gone wrong? Like by the time they come to you. So the goal of this question is to help them avoid things before it goes wrong. So can you give us some examples of things? And if you have any stories to help tell that. Sure. So a lot of clients end up coming to us when a business deal that they have been in has gone south and they didn't have a written contract or what they had, you know, they had a couple of emails that said this is what's going on. I thought that well, if he doesn't have a signature, he doesn't count. Not necessarily. You can have contracts that are only oral. You and I could just have an oral agreement. I feel like I've watched a lot of jojudies. Right. Right. So I'll be judge Amy. No, I'm just kidding. But I need the big lacy collar. Right. So you can have an oral agreement. But as you can imagine, the terms are very difficult to prove. You know, he said she said they said what have you. So, you know, it's a best practice to have for whatever you're offering, whether you're selling products and you need to disclaim the warranties and make sure people aren't coming after you for whatever might be beyond the scope of what you're selling or if you're providing services and you need, you know, different rights or different protections. I have a number of clients that provide services inside luxury homes, for example, that might be designed services or you might come in and do buildouts of certain rooms or you're providing personal assistance services. When you're inside a home, there's a number of permissions and liability concerns and you need to kind of work through that or clients I have in the publishing field. There's a lot of detail that goes into that and that also translates back to AI. You know, if you're an author or a business owner and you, you know, you want one of these these publishing companies that are saying basically, we'll write your book for you. We'll go straight for you. There's a lot in there about what kind of content are they really having AI write it, who's going to own it. So written contracts are essential and I see it a lot that, that, you know, small businesses haven't taken the time and kind of taken a breath and said, you know, how do I really document this because they're so eager to make the sale and to bring in the income, which I completely understand. I have owned a small law firm for five years now and I'm actually launching a consulting firm this month. So I truly understand that pre-revenue stage, but these are things that you're setting up like scaffolding that will protect your company, you know, literally for years to come. Wow. So when is the right time? Like when do I know that I need to start, you know, investing in contracts? As soon as you feel like you're able to afford it, frankly, and it's never too early to have a conversation, because, you know, many law firms, mine included, we'll have an initial conversation with you at no charge, you know, just to figure out what does your business look like? What might your needs be? And then we often sit down with our small business clients and we create a punch list of priorities, you know, to work with your budget. If this is the only thing you do, this is what we recommend you do. This is of next importance. So we understand that you can't boil the ocean in a day. Right. Right. Right. Or ever actually. So we try to help our clients work through that to, you know, do what matters most first. So I like the sound of you working with your budgets, because I think a lot of people are afraid. The moment you talk about going to say, "Laya, and attorney, you're like, oh my god, retainers and, you know, a lot of money per hour, because we should be compensated." Right. But it sounds like you really work with small business owners to meet them, you know, where they are with the budget they have for what they need to do. 100% and we also do a number of projects on a flat fee basis so that you know what that investment is. And luckily, I've been able to build out a team that is more than just me, right? So I have more junior attorneys. I have paralegals on staff. They help a lot with the day-to-day work. So it's not as expensive as having, you know, a lawyer who's been working for 30 years, you know, at my rate doing every little thing. That's, it's the opposite, right? I'm out talking to clients. I'm out doing things like this and they really support the day-to-day work or the firm and our pricing is able to reflect that. So, and, you know, that's a, that's the great thing about a firm, whether you use ours or, you know, a firm that's able to work this way. I love that. So you had mentioned contracts with one of the things that we definitely want to make sure we, you know, jump on. Is there anything else and particularly do you have anything in your flat rates that small business owners need to be thinking about right now and maybe take advantage of? Sure. So there's two that I would mention in addition to what I said before. If someone hires a content provider, they often think that all that content is owned by them. And you know this because you're the content provider. That issue needs to be sorted out in writing before you create the content. Otherwise, it, if you don't, then the content provider owns it. And that may be okay. At a minimum, you will want a license, right? So that needs to be in writing. And those terms sort it out. So, so that's one thing that I would definitely, definitely caution. The other thing is speaker agreements. Right. I don't believe in, in uncompensated labor. And that doesn't mean that you have to charge cash money. But it does mean that you have to figure out the benefits that you're getting. Cash money is better. You also own value in your right of publicity. You know, your image, your likeness, your voice, and all of those things. You want to make sure that you remain in control of that. So a speaker agreement, which is on our flat fee schedule, allows people to have some controls there. It also, I believe, for the company, the business that is providing the speaker, it helps them out of the gate with the optics of their company. We're professional. Yes, we'll come and speak. We're not desperate. We're not desperate to to drum up business, even if you are desperate to drum up business, right? Who isn't? And, you know, sure, I'll be glad to come and speak. Here's our agreement. And then you can sort through the details of those terms. And once that's done, then when you show up to speak, things flow smoothly, you're getting value. You feel good about it. They feel good about it because they've hired someone or engaged with someone that has real value and knows it. Right. So clarity is a gift for everyone. That's one of my favorite quotes. And this is part of that. I love that because as small business, when we're starting out, you know, we're not only trying to build the business, we're also trying to build confidence and understand the value that we bring to the table. So having, you know, a speaker agreement like that automatically puts you in the position of power. Like, so maybe a bigger company. So now you're looking all like put together and you know, absolutely, oh, that's amazing. I love that. Wow. So you have grown your business, you know, five years you have about what I think I counted six on your websites. Well, we've also actually brought in someone else. So we had seven at our retreat last week and we have two more that were unable to come. So yeah, we're up to nine. That is incredible. So my question for you is, how have you grown so fast in five years? Well, fortunately, you know, I had a career, you know, a 24, 25 year career before this. So I'd grown my network for a long, long time. And I was fortunate to work in very big law for a long time, had great experiences there. And, you know, was able to learn the craft of owning a firm and running a firm, not just being a lawyer. So that's two different things. Absolutely. And they don't teach you the first one in law school. They only teach you to think like a lawyer, which is important. Right. But we also have to be managers of people. Yes. And, you know, dealers with finance and marketing and marketing, client development and all of that. So I was really fortunate to launch this awful platform of deep, deep, deep experience. I also know, as a small business owner myself, what my clients are going through. And so I'm able to connect with them. And so, you know, word of mouth has been how we've grown. And, you know, that's, that's really been it referrals and things like that, which have been fantastic. And I'm immensely grateful for. And I also like connecting with people. So, and I've been fortunate to have great connections with potential folks that want to, you know, join the team. Last year, I actually bought another law firm and merged it into mine. And so we have some staff from that acquisition. So that's another way. And, and I trust my intuition. And, and I, you know, when opportunities are in front of me, I am risk tolerant enough to evaluate and potentially take them. That's amazing. You're such an inspiration. Oh, you're very kind. Thank you. Oh, because it's, it's a, you know, how they say like, you know, I think that the five year mark is where, you know, most businesses just fold up and they know, you know, but like you're really growing and, you know, growing, that's amazing. Well, that's one reason I'm, it's interesting you mentioned the five year mark because that's one reason we did sort of a big retreat this year because we all know, you know, five years is, is a makeover. A mark of success. It really is just if you look at the statistics, most small businesses don't make it that far. Right. And so getting there was sort of this, you know, this oasis that we were sort of shivering in the distance, right? And looking to get to and so thank you. We're, we're tremendous, all of us, the whole team, we're just tremendously grateful. So, and now your team is all over the country, right? We do. We have, we have a few people here in Indiana, but then we also have folks in Kansas, in Oklahoma and Florida and, you know, it, when we bring others on the team and whatnot, it kind of grows and moves and whatnot. And we've got great relationships too with co-counsel we use when we have clients that are in other geographies. That's amazing. So what made you stat this? Well, it was an interesting time. It was during COVID because when better to start a new business, but in the middle of a global pandemic, right? Right. I feel like a lot of women sat at a business at that point. Right. And I had a lot of changes in my life, a lot of changes in my kids' lives. And, and I'll just be, you know, very open here. One of my children is diagnosed with a chronic illness that requires a lot of management. And I thought, you know, now is the time for me to be able to have even more control over my schedule. Right. And the ability to be, you know, both be a successful lawyer and to dive in more as a mom. Right. So that was, that was really critical to me. I also turned 50. And there was something at that year about, you know, what's next? And so it, I did a lot of sort of, you know, career and personality reassessments. I'd done lots of them over the years, but I did, you know, more at, and at this stage in my life. And it was abundantly clear, you know, they said, "You need to be an intellectual property lawyer and own your own firm." And I thought, okay, well, interesting because that's what I'm doing. But the funny little story is they told me there's one thing you should never do. You should never teach small children. Do not be a teacher of small children. And I think back to like teaching in Sunday school and things like that, then the little kindergartners. And I just, I hope they're not all in therapy. I'm sure you need a great job. Well, I, you know, I think they're fine, but, you know, so, but it was great to hear. This is what, you know, this is on the green light list. But don't do this, you know. Well, I already did that too late, but I do like, but yeah. And they're okay. Wow, that's incredible. You look amazing for your age. Oh, well, thank you very much. Do you really, would you say you do a good job of balancing being a mom in a business owner? Or like, how do you, how do you manage that? Well, a couple of things. The first is I have an amazing husband. And we are true partners. In fact, he was bike riding yesterday and broke his elbow. He was in a terrible accident. It was not his fault. But he went, you know, right over the front of his handlebars. And so, you know, I sent a long text to the kids and I said, you know, you know, that he and I split our household tasks. Here's all the stuff I'm going to need help with for the next three months. And so, it was really interesting to outline for them, just how much he does. So, I have to give him a shout out. Because without a true partnership, this would be much harder. Oh my god, yes. And the other thing that really supports me is my team at the firm. Because we all, we, one of the things we do at my firm is really bring your whole self to work. That's kind of what P.L.A. Group is about. And so, when somebody has a sick kid or they're going to be on vacation or there has been just broke his elbow, the others really step up. Okay, well, you know, I'm in the office all week. What can I do to take, you know, something off your plate? I get a message at least daily from someone that says, what can I take your plate off today? And so, we have such a supportive environment that my team members just, we're all there for each other, whatever is happening. And the other thing is my kids understand, you know, if I've got, and how old are they? So, they, they range. We have a blended family and we have four. And right now they range from 17 to 22. Oh, okay. So, and they're sort of stair steps in the middle of all that. So, we always have somebody graduating or starting college or going to prom. Every year. It's all that. And it's, and they're wonderful humans. That's amazing. Very lucky. Because I was also thinking as you're speaking, I was like, wow, how do you, I mean, because you're still very involved in law, right? 100%. And you're still managing your business, right? And then being a mom, but there's no way you could do that without that partnership and support within your work and with your partners, you're certainly makes it a lot easier. I also outsource everything. Oh, so, whatever he doesn't do and whatever I don't do, the kids ship in or it is systematically outsourced. Okay. Whether it's cleaning or laundry or grocery shopping or whatever it is, lawn care. I outsource a lot. And that is one thing too, just talking about not really legal advice, but business advice. A long time ago when, you know, a million dollars a year was felt like more than it feels like now, right? They did a survey of female business owners that made it to a million dollars within the first couple of years. whatever the benchmark was and they wanted to see what was the same. What was the common denominator? Did they all go to, you know, the same business school, were they all in the same industry or same city or what was it? And none of that was the common denominator. It was that they all outsourced their grocery shopping. So they learned the value of their time and if whatever the task was didn't line up with that and the opportunity cost was too much, they outsourced it. So I've taken that to, I don't want to say the extreme, but I really know the value of my time and I encourage other people too as well. In this gig economy, you can get help with everything. Absolutely. So I grew up in a culture where it's normal to have a maid. It's normal to have a driver, you know, all of the things. And so when I came to the United States, it's like you got to pay like a billion dollars. Oh my god. I'm glad to hear that because a lot of women, I mean, for me, it's normal to outsource a lot of these things, but it's still a thing that I guess women need to kind of switch in their minds to say like, it's okay because you're also providing employment and opportunities for those people as well. Absolutely. And they want the business. So there's actually a local business that has pulled together lots of local providers. It's called Insomnia Mom. Oh yeah. Yeah. You're familiar. Yeah. So and I'm very good friends with the owner and you know, I use a lot of the different services that that she provides and it's, it's all built around this, this idea that, you know, years ago, even in the US, when we lived in community, we did this naturally. We may not pay people and cash money to watch my kid, but when we're living in larger family units and community units, it happened naturally. You know, you might do laundry together. You might somebody's going to watch all the kids and somebody's going to do something else. And as you know, we built interstates and we came very mobile. And so we've moved into a time of great individuation. And this is a way of bringing that community back. And the last thing I'll mention is it's way more affordable than you think it is. And if you are willing to invest in yourself now by owning your time, your revenue will move at a pace that will demonstrate for you the wisdom of not doing those high importance low interest tasks to you as a business owner. But they're very high interest tasks for the person whose business it is to do them. That's right. I think that's something that I'm learning to, you know, being able to put a value on my time and then be able to let it go. I don't have to be the one photograph and I don't have to because there's so much more that I could be doing that bring much more value to the business. Absolutely. Client development. Right. For example, right. I got two more questions for you. Okay. So you mentioned a little bit that you're studying at consulting firm. Can you tell us a little bit about that? Or that's not? Oh no. It's called turnaround dynamic. Okay. And it is non-legal at all. I mean, it's not in the legal field at all. I found, I have found sort of a gap in our human relationships where people know they need to make some kind of pivot or change in their life or they know there's a friction there. And their friends don't want to tell them nobody wants to confront them. And also in the Midwest, there's this sort of reserved communication style. You might be able to tell them not very reserved. I believe we need truth tellers in our lives. Right. And I'm not a therapist. I'm not a priest. I'm not a psychiatrist. I'm not a coach. This is not coaching. Okay. There's lots of great coaches out there. But I am the person that once I, you know, we'll have sort of detailed information to ask about, you know, from our clients. And then I will sit with them and tell them what I see. I've been told for decades that I have this gift of being able to see from A to Z really quickly. Like one of my strengths in the strengths find our analysis is being able to do that. And so it will often be a hard conversation. Right. But I will be able to look at you and say, you know, your business isn't working. And what you might need to do is this or your marriage is really in trouble. And this is the kind of thing that everybody in the room can see except you. So maybe you do this. Maybe you go to the counseling. Maybe you go, you know, whatever. But it could be business. It could be personal. But I will be the person that will help them, you know, see the truth. And then the next step is I've got a wonderful collection of, you know, providers that I trust and can make a referral to them. Again, it's not ongoing coaching. Remember, I'm not supposed to teach small children. So I took that as maybe I am not the coach either. But there's a lot of great coaches that can take it from there. And so that's what we'll be doing. I was told when I did another analysis with another local company. And it's called the calling quilt, Dave Rodriguez does it. And he's amazing. That I'm, you know, he looks at your whole life and kind of what the, the kernel is from it. And he said, Amy, you are the master of the turnaround. Oh, I love that. And so I, I took that to heart. And a couple years later, we're launching this business. That's amazing. We can put his URL in the, in the call notes as well. Absolutely. Yeah. So last question. Yep. So in this world of AI as a marketer, you know, we talk about how you want to be referenced by AI because it helps build trust, right? And someone was googling online or searching online and you come up, that be stressed immediately. But we also learned now that we got to be careful about some of the things we put online, you know, to make sure that in AI, because it could get us in trouble one way or the other. If it's on a closed system. So maybe this is a two-part question. So how do you suggest we mitigate, you know, put an information out there so AI can find us, but also not putting information that would hurt us? Sure. And I think the answer is pretty simple. If you wouldn't want it to appear on the front page of the New York Times, don't put it out there. So I mean, that, that to me is, is the bottom line question. If it's okay for everyone to quote you, if it's okay for you to associate your name with this, if it's okay to use the AI resources in whatever way you are using them, you know, there's a lot of people out there that are thinking through the environmental impact and things like that. So if it's worth that trade off, go for it. If it's not something that you would want to have to address publicly from a reporter or in a dispute, don't. But otherwise go for it because the more content that's out there, the better. We've recently, this is another story. We recently had one of our lawyers do a consult with someone that had reached out to us and she said, you know, how did you find us anyway? And he said, well, you were the top firm that came up and chat GPT and he purchased thrilled to hear that. I can't tell you, I know all the magic, but right. Because I was on your website looking at some of the work that you're doing. So it could be that who knows. It was fun to hear. But so that's that's what I would do there. That's amazing. Okay. So then how do small business owners stay visible and also be trusted in the AI world? So like thinking five years from now, what are some of the things that they could be doing, you know, to be able to leverage AI? So I would continue to build your content reservoir, so to speak, or library, right? Keep adding to your blogs, add to your video content, add to what AI is going to generate from be judicious and how you're using it. You know, I was talking to to actually one of the kids last night who is in early 20s, so part of that generation. And she said, you know, these businesses that are out there using AI for the tasks that use a lot of the water can come across as tone deaf to us, right? To us and older generations, it may not seem that way, but she said, you know, there's a real sensitivity to that. So being mindful of that, if there's a way that you're able to make contributions, you know how a couple decades ago we started doing things to offset our carbon footprint and getting opportunities for that. Find a way to offset your AI footprint. The sooner people I think get on that bandwagon and that's developing, right? I'm not sure there's an easy answer yet, but I think the more trustworthy companies will be. Yeah, and that's what we help with our clients, so we help them put relevant content, you know, out there so that AI can cite them. Right. Put out as much original content as you can. Right. And I think that's what is going to differentiate us in the future. There will be AI content everywhere, but the more authentic, the more human you are, the more real and vulnerable you are, that's where the value is going to come. Create art. Create, create, create, because I don't care how good AI gets, it can't create art or content. the way you can. Right. There's something about that human element that is just always going to be so valuable, so important to have. And thank goodness for that. Yes. Yes. Okay. So I don't get a lot of gifts when I do this, but you brought something here and I'm very, I mean, the candle is one of the things that I'm excited about. Can you tell us a little bit about this? This is so beautiful. Sure. I'm supporting small businesses owned by women, especially, and a young woman named Kisha in Shion's WikiWix in South Carolina is a member of a group that I'm a part of called Procurifind. And it's a business group and they look into contracting for small businesses with larger companies. And any event I did these as client gifts and she curates and creates a signature scent for your company. So, she sent you all these samples and you, so we created the scent and are we told are the notes, the floral notes that we liked. She created it and made all of these for us and sent them to our clients and she said, "Well now you have to name it." And so one of our lawyers Ashley said, "Well, of course the scent name is smells like success." So we love to put these out, you know, at events that we go to and things like that. So good. So hope you enjoy. Yeah, absolutely. It smells like success. I'm planning to be successful so you're already successful, Victoria. And I will send the link for her site for the show notes as well. Yeah, absolutely. So now for people that are, you know, you've given us a lot of value today, for people that are looking to learn more about your business and you know, contact you. How can they reach you? Sure. The website is peellawgroup.com PELE. Lawgroup.com. Great. What about the consults in front? That's churnaroundynamic.com. Okay. Turn around dynamic.com and peellawgroup.com as well. Right. We are going to put all of that in the show notes. Thank you Amy for coming today and spending your time with us and also giving us a lot of real good valuable information. I appreciate your time. Victoria, thank you so much. This has been a real gift to me and it's been a pleasure to learn about you and your life and your business. So thank you very much. [BLANK_AUDIO]

Podcast Summary

Key Points:

  1. Small business owners should treat their business name as a trademark and conduct a search before launching to avoid infringement, which can be costly and emotionally difficult.
  2. AI tools are unreliable for trademark searches due to bias toward user bonding and potential legal risks, as prompts and outputs can be subpoenaed in litigation.
  3. Using a closed AI system is essential to protect confidentiality, as open systems expose business information to the public.
  4. AI-generated content is not copyrightable because it lacks human authorship, and copyright applications must disclose AI involvement.
  5. Copyright registration is required to sue for infringement and should be filed within three months of creation to qualify for statutory damages; collections of works can be filed to save costs.

Summary:

The transcript features a conversation between Victoria and Amy, a trademark attorney with 30 years of experience. Amy emphasizes that the first critical step for small business owners is to protect their business name by conducting a thorough trademark search before investing in branding. She warns that AI tools are unreliable for this task, as they are biased to please users and may provide false availability results.

Additionally, AI prompts and outputs can be subpoenaed in litigation, creating legal risks. Amy advises using closed AI systems to safeguard confidentiality, especially when handling sensitive business documents or contracts. She highlights that AI-generated content is not copyrightable, as copyright law requires human authorship, and the US Copyright Office scrutinizes such claims.

For photographers and content creators, filing copyright registrations early and often is crucial for enforcement, with collections of works offering a cost-effective strategy. Amy also discusses trademark classifications, the Supplemental Register, and international trademark protection via the Madrid Protocol. She cautions against relying on AI for legal advice, citing potential unauthorized practice of law and frivolous litigation risks.

Overall, the conversation stresses proactive intellectual property management to avoid costly mistakes and legal challenges.

FAQs

The most common mistake is not searching for existing trademarks before investing in a business name. This can lead to infringement, cease-and-desist letters, or lawsuits, forcing a costly name change.

Your business name is part of your identity and can be emotionally significant. Treating it as a trademark protects your investment and prevents conflicts with others using a similar name.

AI is not trustworthy for trademark searches because it is biased to please users and often gives incorrect results. Additionally, AI search queries can be subpoenaed in litigation, creating evidence against you.

Goods and services are divided into 40-some classes. Even if a name is available in one class, it may be confusingly similar in another, so analysis is needed to avoid conflicts.

The Principal Register is for strong, distinctive trademarks, while the Supplemental Register is for descriptive ones. The Supplemental Register allows international applications and some rights, like using the Circle R symbol.

Use a closed system to keep your data private, be aware that AI prompts can be subpoenaed, and avoid relying on AI for legal advice as it may hallucinate or create incorrect contracts.

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