Professional Development: INTELLECTUAL PROPERTY EXPLAINED

An illegal alien from Guatemala charged with raping a child in Massachusetts. An MS thirteen gang member from Al Salvador accused of murdering a Texas man of Venezuelan charged with filming and selling child pornography in Michigan. These are just some of the heinous migrant criminals caught because of President Donald J. Trump's leadership. I'm Christy nom the United States

Sponsored by the United States Department of Homeland Security.

What is the difference between a patent, a copyright, and a trademark.

Let's start there.

Okay, so patent, copyrights, and trademarks are all intellectual property, and what intellectual property is it's like something that you create with your mind. Right, it's like a creative expression, and those different areas are areas that you could create. You could protect your your creative expression, right. So a patent is a protection that you get for an invention.

Could that's that's for trademarks, that's for copy copyright.

Trademarks and trademark is basically it's gonna gonna bring somebody back to the source of a good or service, right, So it represents your business, your brand, and it's gonna put the public on notice to know like where to go for that particular product or item. So there's two reasons. One, you want to protect your your sort of like your work. Right, So you create something, you have a business, you put all the sweat equity into it, and you have like goodwill.

You know, as your brand grows.

They expect a certain quality, is a certain standard from your brand.

So you want that to be protected so you can make money off of it.

And then and the government, the Copyright and Trademark Office, they want to make sure that somebody gets hurt from your product and your service that they know who to go to for that.

Right.

So like the Fortnite when they were trying to do the dance moves, that's a copyright issue, right, Yes, it's a copyright issue because I just want everybody to understand because legal jargon can be a little confusing, right and even for like I'm in business and I'm kind of confused by like copyrights and trademarks. So all right, So, well, the dance moves is a copyright because that's something that it's like a physical thing that they made up.

Right, so they like they created it, and it's yeah, something like physical that they did. It's like a creative expression like choreography, you know, dance moves. And there's going to be an issue even with that when they go to copyright those because from what I understand, all Fons or so he already got denied because they said it's only three moves, like it's not enough to be choreography.

So like when black Boy JB he does that move and the kids just recreated, that's not really choreography what they're saying.

Yeah, so that that that's going to be an it. I think that's an issue that's up for discussion again.

All right.

So so then so then the trademark, like the Jordan logo, that's a trademark.

Right, So in that case they sued for copyright because the person who took it was a photographer, so photography, it's a picture that's going to be something that's going to be copyrightable. So they're suing for the photo that that what was it that Nike did the comparable comparable photo, but also comes into question because now they use that as a logo. Right, But he lost because they said it's really not ENTI and it's interested.

They said that the tracksuit, it was the.

Backdrop in the picture. The track suit and the photos are slightly different. And it's interesting too because people were saying, well, you can't take credit for an image, but you actually can know because I remember when Cameron had the album I don't know if you're a Cameron.

Fan, but we're Cameron fans.

Yeah, an album called SDE a while ago and the logo was the NBA logo, which is Jerry West, but instead of like the basketball, it actually had like a firearm in his hands. So the NBA wasn't too happy about that, so they shut it down and he couldn't use it. So it's just interesting to see that, you know, somebody can come up with an idea, but if they don't actually do the right legal steps to somebody else can kind of take the idea and now they own it.

Right, And that's what's been happening for years, Like people who are it to this type of protection that it exists.

They just create stuff and people who know they take it.

And you know, just like all of the artists that came like you know in the eighties, nineties, sixties, like they didn't know that they had an actual, you know, asset that someone else is making money off.

Ye.

And that's who we want to really because especially in our community, like we're very creative. We're creative people, but we don't always understand the business side of things and how to monetize it in the legal steps to take. So like you said, I mean, we'll make it and create it and then somebody else will take it and now they actually own it.

Right.

So if somebody wants to actually go about setting it up right, like what's the steps of legally copywriting something or trademarking or if they don't know the difference, should they do it via a lawyer? Can they do it themselves online? What's your advice?

Okay?

So well, one I have to give a disclaimer, so for anybody who's listening, what I Do.

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An illegal alien from Guatemala charged with raping a child in Massachusetts. An MS thirteen gang member from El Salvador accused of murdering a Texas man of Venezuelan charged with filming and selling child pornography in Michigan. These are just some of the heinous migrant criminals caught because of President Donald J. Trump's leadership. I'm Christy Noman, the United States

Sponsored by the United States Department of Homeland.

Security says for information only, I'm not your lawyer unless you hire me. Let's have to say that. But so if they want to. So the thing is, you should always hire a lawyer because just with anything, like if there's somebody who's an expert in the field, you want to kind of rely on that person's expertise for nuances and things like that.

But that being said, you can do it yourself.

Like for copyrights, you could go on copyright dot Gov and you kind of they make it really easy for you. So they kind of lay out what are you trying to copyright? Is it you know, music, is it a book or something?

Is it?

So they give you the options and then you select and they kind of walk.

You through the application process and you could kind of click on stuff that will give you like explanations like if you're confused as to what they're asking. So that's that with copyright. With trademark, it's a little bit more technical. So again, I do think you should get a lawyer, but their website has tons of videos on how to do it.

It gets overwhelming.

But if you feel like, you know, I want to protect my stuff and I just don't have the money to invest in the attorney, they have videos that you could look at, and it's also sort of like you could you could be walked through the process, but the search is a little more tricky because it's just so much to go through, and their website is not really set up to give you like comprehensive results, like you could type in Starbucks with two s two s's at the end. You know, two s's at the end, and

Speaking speaking of a trademarks, we actually behind the scenes, we're talking about a trademark case that people may be not familiar with, but it involves some like.

A high profile person, Jay Z versus Iconics.

And for those who don't know what who are Iconics brand is, they're actually the company he sold Rockaway too.

You want to touch on that a little bit.

Yeah, sure, So jay Z sold his Rockaway brand, his clothing brand, to Iconics, right, and they're like a big clothing company.

They own a bunch of different you know, clothing lines, and.

So they ended up suing jay Z because he has rock Nation and they're like, well, you sold us this, you know, it adds some value to it, and now you're still using it essentially like you're using rock Nation so and that that brand is already associated with you, so it's diminishing our value.

And so they had.

A lawsuit, you know, and they were going back and forth and they actually ended up in the arbitration.

Yeah.

So the arbitration the arbitration process is like the really crazy part of the story because during that process he finds out that hey, there's no diversity in the arbitrators and he like files a suit for that and he wins.

Yeah and yeah so.

He so, so, okay, arbitration process is sort of like an outside of court process.

I was going to say, because people that might not know what arbitration is.

Yeah, so in most contracts, especially like when it comes to business, there's going to be an arbitration clause. So they don't want to have to go to court like the normal avenue go to court and have a judge a side, they just they rather go to like basically like a board room and have someone who's an arbitrator sit and listen to everybody who's like specializes in that area or whatever.

So the parties get to choose who.

That arbitrator is going to be, Like they get a list, they get to vet and agree on who that person is going to be, or maybe a few people they'll choose. And so what jay Z said is that, wait, there's nobody of color on this list.

There was like I think there were like two.

People of a hundred yeah, something like that, and so he was like, no, I'm not doing this.

So he basically said I'm not.

Going to go forward with the arbitration went to court and actually before the judge made a decision, the company was like, you know what, We're going to make sure that we do right and go out and get more you know, African American and other people of color to be able.

To make indirectly providing opportunities for people.

Of absolutely like he changed the game, like he does.

So many levels.

Every time we ju again, we've kept our streak I'm talking about, We've.

Been consistent mandatory.

Yeah, all right, Well one other thing before we go to the next segment, can you just briefly talk about licensing with that LS.

So when you own these different types of intellectual property, patent, copyright, trademarks, the way that most people kind of really make money from him is that they license them to other people to use them. So as you build your brand, your brand kind of has cloud, you know, like, for instance, who was it Jeff Basos just bought the Washington Washington Yeah, so we know newspapers are dying, right, so you can get news everywhere now, so but that name has a

So you could do it broad or narrow, and.

You could get royalties from it, or you could just charge a fee for it, and that's going to be through like a contract.

Okay.

An illegal alien from Guatemala charged with raping a child in Massachusetts. An MS thirteen gang member from Al Salvador accused of murdering a Texas man of Venezuelan charged with filming and selling child pornography in Michigan. These are just some of the heinous migrant criminals caught because of President Donald J. Trump's leadership. I'm Christy nom the United States

Sponsored by the United States Department of Homeland Security,