Building a Legacy: Intellectual Property Insights for Women Leaders with Lauren Bercuson

In this episode, we delve into the critical importance of intellectual property protection for women founders.

We engage with Lauren Bercuson, a distinguished trademark and copyright attorney, who elucidates the necessity of safeguarding creative and business assets to foster growth and sustainability within women-led enterprises.

Lauren shares her insights on how proactive legal planning can prevent costly pitfalls and ensure that founders can focus on their innovative endeavors without the looming threat of infringement or loss of brand identity.

Throughout our discussion, we explore the nuances of trademarking and copyright, emphasizing the need for comprehensive searches and registrations to secure one’s brand and legacy effectively. Ultimately, this episode aims to empower women entrepreneurs with the knowledge and resources required to navigate the complex landscape of intellectual property law, thereby amplifying their voices and enhancing their business prospects.

Takeaways:

  • Lauren emphasizes the importance of protecting intellectual property for women entrepreneurs.
  • Effective trademark protection is crucial for safeguarding business identity and preventing future legal disputes.
  • Proactive legal planning can save women founders significant time and resources while ensuring business growth and longevity.

Chapters:

08:54 The Importance of Intellectual Property for Women Entrepreneurs

11:15 Understanding Trademark and Copyright Protection

28:11 Understanding Trademark and Copyright Protection

33:23 The Future of Intellectual Property in the Age of AI

Burning Questions Answered:

1.What does it look like to build a successful business from something you’re deeply passionate about?

2.How do you know when it’s time to leave a traditional career behind?

3.What boundaries actually help women founders thrive?

4.How can social media be used to build a values-aligned brand — without burning out?

Favorite Quotes:

“If something’s not lighting you up, it’s OK to say no. Even to good opportunities.” – Lauren

“When you’re clear on your purpose, it’s easier to let go of what doesn’t serve you.” – Coco

“You can run a business with heart and still have boundaries.” – Lauren Bercuson

Offers & Contact Information:

LinkedIn: https://www.linkedin.com/in/laurenbercuson/ 

LinkedIn Business: https://www.linkedin.com/company/lb-storylock-legal/ 

Website: https://www.storylocklegal.com/  

Follow the #WisdomOfWomen show for more inspiring stories and insights from trailblazing women founders, investors, and experts in growth and prosperity.

YouTube: https://tinyurl.com/yja3w7nh

Spotify: https://tinyurl.com/4tak8ajk 

Amazon Prime: https://tinyurl.com/366syddj 

Apple Podcasts: https://tinyurl.com/bdhananz 

RSS Feed: https://feeds.captivate.fm/womengetfunded/ 

Coco Sellman, the host of #WisdomOfWomen, believes business is a force for good, especially with visionary women at the helm. With over 25 years of entrepreneurial experience, she has launched five companies and guided over 500 startups. As Founder & CEO of A Force for Good, Coco supports purpose-driven women founders in unlocking exponential growth and prosperity. Her recent venture, Allumé Home Care, reached eight-figure revenues and seven-figure profits in just four years before a successful exit in 2024. A venture investor and board director, Coco’s upcoming book, *A Force for Good*, reveals a roadmap for women to lead high-impact, high-growth companies.

Learn more about A Force for Good:

Website: https://aforceforgood.biz/ 

Are Your GROWING or PLATEAUING? https://aforceforgood.biz/quiz/

1-Day Growth Plan: https://aforceforgood.biz/free-plan/ 

FFG Tool of the Week: https://aforceforgood.biz/weekly-tool/ 

The Book:  https://aforceforgood.biz/book/ 

Growth Accelerator: https://aforceforgood.biz/accelerator/ 

Here is a 23 minute training you can watch on DOUBLE SPEED to learn how to level up your LinkedIn! https://view.flodesk.com/pages/63205a117a90349a51404c20

Transcript
Speaker A:

Welcome to the Wisdom of Women Show.

Speaker A:

We are dedicated to amplifying the voice of women in business.

Speaker A:

A new model of leadership is emerging and we are here to amplify the voices of women leading the way.

Speaker A:

I am your host, Coco Salman, five time founder, impact investor and creator of the Force for Good System.

Speaker A:

Thank you for joining us today as we illuminate the path to unlocking opportunities and prosperity for women led enterprises by amplifying the voice and wisdom of women.

Speaker A:

Today, we have an expert who can help us make sure that we can protect our valuable trade secrets and that we are thinking smart about how we proceed in business.

Speaker A:

So today we have Lauren Berkusen, founder and CEO of StoryLock Legal.

Speaker A:

She's a distinguished trademark and copyright attorney committed to empowering women entrepreneurs and innovators to safeguard their creative and business assets.

Speaker A:

With a Juris Doctor from the University of Miami School of Law and a robust background in intellectual property law, Lauren has excelled in providing comprehensive legal services tailored to the unique needs of students, startups and established businesses alike.

Speaker A:

Her approach combines legal expertise with a personal passion for children's literature, evidenced by her award winning blog, Happily Ever Elephants and the Dawn Society, a virtual book club for young readers.

Speaker A:

I love that Lauren's dedication extends beyond legal protection.

Speaker A:

She is a champion for storytellers of all types and ensuring their business dreams and legacies are secured for future generations.

Speaker A:

Recognized in prominent publications like Parents Magazine and Good Housekeeping, Lauren brings a blend of professionalism, warmth and innovative legal solutions to her clients.

Speaker A:

Welcome Lauren.

Speaker B:

Thank you.

Speaker B:

It is such an honor to be here.

Speaker B:

And my goodness, thank you for making me sound so fabulous in that bio.

Speaker A:

You are fabulous.

Speaker A:

We're in a similar community, the entrepreneurista community, and everybody sings your praises.

Speaker A:

I was just so excited when I put out the invitation for you to come and you said yes.

Speaker A:

So I'm so happy you're here.

Speaker B:

Thank you.

Speaker B:

It's an honor.

Speaker B:

I'm thrilled to be here.

Speaker A:

Tell us, what is a book written by a woman that has significantly influenced your life?

Speaker B:

All right, so I am a huge reader.

Speaker B:

Avid reader.

Speaker B:

The only way my parents could punish me when I was a child if I did something wrong was by taking away my books.

Speaker B:

It was the only thing I cared about.

Speaker B:

So asking me to pick a favorite book is almost like asking me to tell you which of my children I like better.

Speaker B:

So I'm going to go a totally different route.

Speaker B:

As you said, I was a children's book reviewer for many years.

Speaker B:

There is a children's book that I love that I read with my children all the time that I've gifted to many a mom who has a new baby.

Speaker B:

And it's called a hat for Mrs.

Speaker B:

Goldman.

Speaker B:

The book is about a little girl who wants to do a mitzvah, which in Judaism means a good deed, wants to do a mitzvah for her neighbor, and her neighbor makes hats for everyone to keep them warm when it's cold outside.

Speaker B:

Then she starts giving away her yarn and her hats, and she doesn't have one herself.

Speaker B:

So the little girl learns how to knit a cap and makes a hat for Mrs.

Speaker B:

Goldman.

Speaker B:

It is the simplest, most beautiful example of being kind to others.

Speaker B:

And it's not, you know, trite.

Speaker B:

It's not didactic.

Speaker B:

It's just a lovely story about how the smallest acts of kindness can truly change a life.

Speaker B:

In my business, in my life with my children, kindness to me is everything.

Speaker B:

And I think when people hear law or legal, they get terrified, especially female founders.

Speaker B:

It's not a place people want to venture.

Speaker B:

I just love this book.

Speaker B:

For the last seven years or so, it's always stuck in my mind as a beautiful way to remember that kindness is everything, whether it's in your personal life or in business.

Speaker B:

When you are kind, that's all that matters.

Speaker B:

It's just the way to lead.

Speaker A:

I love this.

Speaker A:

This is such a wonderful recommendation, and I can't wait to go get this.

Speaker B:

Book for anyone with children or grandchildren.

Speaker B:

It's.

Speaker B:

It's truly a wonderful little story.

Speaker A:

I've done this with teams in the past where I've bought memorable ch children's books as gifts for my team.

Speaker B:

Right.

Speaker A:

They can be lovely parables, and this sounds like one of those that you might pick up, and it might become a conversation piece for the beginning of a meeting and a nice way to elevate the conversation about your company, too.

Speaker A:

So a hat for Mrs.

Speaker A:

Goldman, and certainly for our children as well.

Speaker A:

So, Lauren, tell us what led you to become an intellectual property attorney.

Speaker A:

Trace back for us the moments that shaped your path to becoming a star in this space.

Speaker B:

Oh, thank you.

Speaker B:

Well, I always wanted to be a writer.

Speaker B:

I'm a bit more of a creative, but of course, growing up, my parents or my dad really was like, do you want to be a writer, or do you want to have a career that can make you some money?

Speaker B:

So I was like, okay, well, maybe that's what I should focus on instead.

Speaker B:

So my dad's an entertainment lawyer, and I always thought that what he did was very cool, but it wasn't the right field for me.

Speaker B:

But I knew that as a lawyer, I could do a lot of writing.

Speaker B:

Not necessarily creative writing, but writing nonetheless.

Speaker B:

So I was like, okay, I'll go to law school.

Speaker B:

And from the moment I took my first trademark class, I just fell in love.

Speaker B:

And to me, it's a really great blend of creativity and logic.

Speaker B:

And so I always say that every good trademark tells a story.

Speaker B:

You know, you hear the word Huggies and you immediately think of the best in quality for your baby.

Speaker B:

And you can see, you know, these beautiful angel looking little babies in their commercials, or you hear Nike and you immediately think athletic prowess, not giving up.

Speaker B:

You know, you have the whole vision behind that brand.

Speaker B:

I always tell founders that every good story deserves to be protected.

Speaker B:

I help you protect the story behind all of your business assets, your name, everything.

Speaker B:

And then we lock in that legacy for years to come.

Speaker B:

When I took my first trademark class, I loved it and I instantly knew that that was what I want to practice.

Speaker B:

So after law school, I started to work at a prominent IP firm here in Miami, and the rest is history.

Speaker A:

Amazing.

Speaker A:

I love your devotion to the craft.

Speaker A:

Right.

Speaker A:

It's the storytelling.

Speaker A:

It's so, it's the, the whole, the whole story of you in your inception story for why you do what you do.

Speaker A:

It's so honest, I feel like, and congruent.

Speaker A:

I, I just want to reflect back because every good trademark tells a story.

Speaker A:

And I just think that's not what I would expect from an attorney.

Speaker A:

Right.

Speaker A:

I think that's part of what makes you so wonderful in this field of trademarks and copyrights with women founders in particular.

Speaker B:

Right.

Speaker A:

Because, because it's.

Speaker A:

Otherwise it just feels very dry and not like, you know, it is part of the goodness you're bringing to the world.

Speaker A:

It's part of how you make sure that you emphasize what your impact is and what your story is.

Speaker A:

I think there's something really powerful to that.

Speaker B:

Thank you.

Speaker B:

And yes, I do say to founders that your trademark becomes part of you.

Speaker B:

If you lose that trademark because you've unintentionally infringed on somebody else or for whatever reason, it's like you're losing a part of yourself.

Speaker B:

So I always say that's why we want to lock it down.

Speaker B:

It becomes a part of you.

Speaker A:

I know you have stories like this.

Speaker A:

I have worked with founders who've had this happen where they named their company or created a brand and they've gone down a particular path.

Speaker A:

They've already invested and they have customers and brand recognition.

Speaker A:

And then, oh, you can't use that name.

Speaker B:

Exactly.

Speaker A:

And, you know, I saw it on your website.

Speaker A:

It's like, for a little money, you can.

Speaker A:

Or you didn't put it this way, but I'm using my own language.

Speaker A:

For a little bit of money, you can protect yourself.

Speaker A:

For $30,000 or even more, it could cost you.

Speaker A:

Not to mention, like, that you might have real impact to your traction in your company.

Speaker A:

Could you share why intellectual property protection is crucial for women founders and how it can impact their business growth and legacy?

Speaker B:

Absolutely.

Speaker B:

I always say, my first boss actually said this to me 20 years ago.

Speaker B:

We were in a meeting, and she explained to the new associates, you would never buy a house on land that you don't own.

Speaker B:

It's way too risky.

Speaker B:

You haven't vetted it.

Speaker B:

You don't know if it's in a flood zone.

Speaker B:

You don't know if you can actually build a home there.

Speaker B:

Just like with your business name, you shouldn't build a brand and an entire business on a name you haven't vetted and cleared for use.

Speaker B:

It is just too risky.

Speaker B:

Protecting your name, your logo, your slogan, your colors, whatever it may be, is the only way to be sure that you actually own your brand in and around the United States.

Speaker B:

The only way that you can own your brand is with a federal trademark registration.

Speaker B:

It's almost as if, if you don't have a federal registration, you're kind of just renting it.

Speaker B:

Right?

Speaker B:

So if you think about that.

Speaker B:

So it's the only way to be sure that what you are building is safe.

Speaker A:

It's as simple as that.

Speaker A:

It's a huge vulnerability if it's not tapped up.

Speaker A:

So what are some of the most common legal pitfalls that women entrepreneurs face in your experience, and how can they navigate these challenges effectively?

Speaker B:

So this is a great question because people always come to me and say, I got the URL, I bought the URL, so my name's available.

Speaker B:

Or they'll say, well, I incorporated my entity in my state, so the name is available.

Speaker B:

Or I'm using the social media handle so the name is available.

Speaker B:

None of those things.

Speaker B:

And I know this sounds harsh, but it's.

Speaker B:

It's the truth.

Speaker B:

None of those things mean that you have a registered trademark or that you own your trademark and.

Speaker B:

Right.

Speaker B:

Not even close.

Speaker B:

The only way to make sure that your mark is clear to use is to do a full, comprehensive trademark search and then to register an actual trademark with the Patent and Trademark Office, the uspto.

Speaker B:

If you do not have that registration, you don't own your mark.

Speaker B:

It's that simple, that just having a registered entity means nothing.

Speaker A:

Well, that's a dangerous place to be, right?

Speaker A:

So let's break it down a little bit.

Speaker A:

Help us, educate us in what is trademarking and what is copyright protection.

Speaker A:

Maybe walk us through each of these and talk to us about what they are, the risks, the benefits of not doing anything versus doing something.

Speaker B:

All right, absolutely.

Speaker B:

So trademark and copyright, both very important, both very different.

Speaker B:

So the way that I always tell people to think about it is trademarks identify the source of where a particular good or service is coming from.

Speaker B:

So anything that is a source identifier.

Speaker B:

So let's think Nike for a minute.

Speaker B:

Nike.

Speaker B:

You know what you're getting.

Speaker B:

You see the Swoosh logo, you know where your product is coming from.

Speaker B:

You hear the slogan, just do it.

Speaker B:

You know that that's a Nike product.

Speaker B:

All of those individual elements identify the source of the good or the service, which is Nike.

Speaker B:

Even things like colors.

Speaker B:

So think about the Tiffany blue box.

Speaker B:

That blue box is a trademarked element that Tiffany owns.

Speaker B:

If some other jeweler tried to use that same color blue in their own product packaging.

Speaker B:

So another thing is sounds.

Speaker B:

Anytime you hear that chime, that sound is a trademark of NBC.

Speaker B:

Trademarks identify the source of goods and services.

Speaker B:

Copyright is very different.

Speaker B:

Copyright protects your creative works.

Speaker B:

If you are a writer, your book is the subject to copyright.

Speaker B:

The title of your book, interestingly, is not subject to a trademark unless it is part of a whole series of books.

Speaker B:

So think about a huge series.

Speaker B:

When I was popular and is actually back again and still popular today with the young girls is the Babysitters club.

Speaker B:

Right, The Babysitters Club, the series that is trademarkable, but just one title of one standalone book is not.

Speaker B:

So copyright protects all of your creative works.

Speaker B:

Your novels, your paintings, your artwork, your podcast recordings, your core materials.

Speaker B:

If you have a course, if you're a course creator, your workbooks, your module recordings, all of those things are subject to copyright protection.

Speaker B:

Now, what people don't realize is that copyright protection does attach from the second that the creative work is created.

Speaker B:

If you write a novel, you have copyright protection in that novel.

Speaker B:

However, if somebody takes your novel and tries to pass off parts of it as their own, you cannot take action against that third party infringer without having a copyright registration, even though copyright attaches immediately.

Speaker B:

It's always beneficial for business owners to be proactive.

Speaker B:

I'm all about being proactive, not reactive.

Speaker B:

But file your copyright applications with the U.S.

Speaker B:

copyright Office for your core materials.

Speaker B:

Anything that's truly important to your business.

Speaker B:

It's really easy to do.

Speaker B:

It's very inexpensive.

Speaker B:

It's one of those areas where I tell my clients, I don't want to take your money for this.

Speaker B:

It's really something that you can do yourself.

Speaker B:

If someone has a whole slew of things that they want to copyright, then sometimes I'll sit, you know, we'll do like an hour, and I'll walk them through the process on Zoom.

Speaker B:

Otherwise, it's a simple thing to do by yourself.

Speaker B:

So that's the difference.

Speaker B:

Creative copyright is for your Creative Works trademark is for your names, logos, anything that identifies the source of a good or service.

Speaker B:

Amazing.

Speaker A:

It does.

Speaker A:

No, it actually makes a huge difference.

Speaker A:

You broke it down.

Speaker A:

It's also, you know, you talk about trademarking, but then you talk about copyright protection because you have the copyright, but you can't protect yourself if it isn't registered.

Speaker B:

Exactly.

Speaker A:

That's interesting.

Speaker A:

That's very, very interesting.

Speaker A:

And I don't.

Speaker A:

I haven't gone to have any of my items, you know, and I have lots of tools, and I have a lot of things I've written in a lot of tools and workbooks that I have not copyrighted.

Speaker A:

So I'll definitely tell me more about that and then I want to run back to the trademarking and more about that.

Speaker B:

Yeah, I mean, as I said, a lot of times, if people are really interested in copywriting, getting distributions for their works, if it's someone who does have a lot of work that they want to protect, sometimes they'll just spend, like, I have something easy on my website.

Speaker B:

It's my legal office hours and a legal office hour with me, and we can sit on the phone together on Zoom and go to the site and I'll show you how to protect your work from there.

Speaker B:

You can do it on your own.

Speaker B:

Some people like that if they have a lot of stuff that they want to do and they want to make sure that they're doing it properly.

Speaker B:

Other times I steer people just to the website and say, do your best.

Speaker B:

It's.

Speaker B:

It's really pretty simple.

Speaker B:

It's pretty.

Speaker B:

And I think it's like 35 to 75 for one registration, depending on what you're protecting.

Speaker B:

So it's really.

Speaker B:

That's why I always feel bad, like, I don't want to take someone's money when you can really do it yourself for not that much.

Speaker B:

Right.

Speaker A:

And it sounds like even something you could train an assistant to do perhaps on some of these, like just the language on the important fields to fill out.

Speaker A:

So tell us more about trademarking then.

Speaker A:

And what are the things that you see that women, founders, founders in general, aren't trademarking and should?

Speaker A:

And what happens?

Speaker A:

How do you do it?

Speaker A:

What is the process of working with you to create the trademark?

Speaker B:

So, yeah, typically when my clients come to me, most start with my trust your trademark package, because we all want to trust that our trademarks are going to be, you know, safe and perfect.

Speaker B:

What that is is a package that includes a full comprehensive trademark search.

Speaker B:

All of our conferencing, emailing, discussing the results, usually our call after I send you the opinion letter and my recommendation, then prepping and drafting the application if the mark is available, and then walking that through to, hopefully the end goal, which is getting a registration.

Speaker B:

The comprehensive search is arguably one of the most important pieces of starting a business.

Speaker B:

It's something that is often overlooked because business owners say, oh, well, I googled the mark and I didn't see anything.

Speaker A:

Right.

Speaker B:

Problem with that approach is that as a trademark expert, we are trained to identify all of the different nuances that could derail your trademark application or your business.

Speaker B:

So things that people don't realize.

Speaker B:

If your mark is bluebird, let's say your mark is bluebird for a cookie shop and someone else, you spell it the traditional way.

Speaker B:

And then someone else is trying to register Bluebird blu space by R D for a cupcake shop, the Patent and Trademark office is going to consider those marks confusingly similar, even though they're spelled differently.

Speaker B:

You ask me, coco, oh, hey, Lauren, where did you get those cookies?

Speaker B:

And I say bluebird.

Speaker B:

They're going to be like, well, wait, which bluebird?

Speaker B:

One's a cookie shop and one's a cupcake shop.

Speaker B:

But the cupcake shop also has cookies.

Speaker B:

So I'm not going to say, oh, bluebird, B L, U, B Y, R.

Speaker B:

People do.

Speaker B:

So the PTO is looking at things that cause confusion.

Speaker B:

We look at, you know, different spellings, the way the different variations express.

Speaker B:

Could be X P, R E S.

Speaker B:

It could be X P, R E S.

Speaker B:

Something that's, you know, for you could be the number four.

Speaker B:

It could be fo you are.

Speaker B:

It could be the, you know, F O, R E.

Speaker B:

Like, there's all these different variations that need to be taken into account.

Speaker B:

So we look at phonetic equivalence, we look at foreign equivalence.

Speaker B:

So I have a cookie store called, for instance, Red House, and somebody else wants to start a cookie store, and they're like, oh, I'm going to call it Casa Roja.

Speaker B:

Guess what?

Speaker B:

You might think you're being clever because your mark is in Spanish, but the PTO is going to look at the equivalent of that, which is red house, and then you're out.

Speaker B:

So we're looking at phonetic equivalents, foreign equivalence.

Speaker B:

If I am, you know, if you're Bluebird cookies and I'm the Bluebird cookie shop, those are still confusingly similar because the distinct part of that mark is bluebird.

Speaker B:

So people don't realize that just adding an S, adding the word, the things like that don't make a difference.

Speaker B:

So that comprehensive search is really important in the beginning because it gives us the whole landscape.

Speaker B:

We're looking in the Patent and Trademark Office at all applications and registrations.

Speaker B:

We're looking at marks that are in use but not registered because those could come back to haunt you.

Speaker B:

Because in the US trademark rights accrue based on the first person to use the mark.

Speaker B:

So there's all these different things that we look at because we want to make sure that when we're filing your application, not only is it clear to use, but you're not going to get an outsider that hasn't filed their mark yet come after you because they were using the mark before you.

Speaker B:

Really gives us the most informed way to strategically proceed with your brand name.

Speaker A:

Amazing.

Speaker A:

So that's like your name.

Speaker A:

What about things like taglines or secret recipes and stuff?

Speaker B:

Same process for a logo, a color, a tagline, all of that.

Speaker B:

We want to do a search first and, and then we go from there.

Speaker B:

Now, recipe is not trademarkable.

Speaker B:

Could be copyrightable, but the title might be depending on how you're, you know, it depends on how you're using and you have to be using it in commerce.

Speaker B:

It can't just be a recipe that you post on a blog.

Speaker B:

That's something, you know, that use in commerce, what actually constitutes use in commerce is another hang up.

Speaker A:

So I just, I'm thinking about my own things right here and hopefully other founders are thinking about their own things.

Speaker A:

Is something like a tool I use all the time called the four page growth plan.

Speaker A:

And is it covered as a copyright.

Speaker A:

If I just get copyright written or.

Speaker B:

If I, if it's a framework and an actual, you know, detailed piece of, of work, then yes, you can get that protected via a copyright registration.

Speaker B:

Now interestingly, the name and depending on, let's say your whole business was around this, the four.

Speaker B:

What do you say it again?

Speaker B:

The four page growth plan.

Speaker A:

Growth plan.

Speaker A:

Let's.

Speaker B:

That was the name of your business and it's all around your four page growth plan.

Speaker B:

That's a descriptive name that would be very hard to protect.

Speaker B:

There is a trademark spectrum of distinctiveness where you have generic and descriptive marks on the weak side and then suggestive, arbitrary, and fanciful marks on the really distinctive side.

Speaker B:

So you always want to be as distinct and unique as possible.

Speaker A:

That is good advice, right?

Speaker A:

There might be situations where you have something you want to trademark.

Speaker A:

So I'm inviting founders to think about just however you might think of your.

Speaker A:

Your business and what, what you want to.

Speaker A:

What you want to protect and where you might also be open to risk from others.

Speaker A:

So talk to us about the risk.

Speaker A:

These are the things we can do to protect ourselves.

Speaker A:

But paint some stories about things that happen when we don't have proper trademarking or copyright protection.

Speaker B:

All right, so perfect example happened a few weeks ago.

Speaker B:

I worked with a client on clearing and protecting her name.

Speaker B:

So we did all the work.

Speaker B:

We saw her name was clear.

Speaker B:

We filed an application in December in a community group.

Speaker B:

I see someone introduce themselves with the same name as my client.

Speaker B:

I text my client, send her a message, and I was like, oh, my gosh, is this, I assume this is working.

Speaker B:

She's working with you.

Speaker B:

This is so cool.

Speaker B:

Tell me about this part.

Speaker B:

Also thinking like, oh, God, did we not include this particular service?

Speaker B:

She writes back, she's like, that's not my business.

Speaker B:

My client hadn't launched yet, but we filed an intent to use application, meaning she has an intent to use the mark.

Speaker B:

She's working on getting her stuff off the ground.

Speaker B:

And we filed that application.

Speaker B:

It's the only way you can get rights to a mark that you haven't begun to use is by filing this application.

Speaker B:

Didn't want to get lawyers involved yet because we always try to go like the, you know, kindest, easiest, lowest cost amount first.

Speaker B:

So she reached out to this other business owner and said, I already filed an intent to use application for this mark.

Speaker B:

The girl didn't respond.

Speaker B:

But three weeks later, all of a sudden, all of her branding has changed.

Speaker B:

She has a new name because she knew that because my client filed that intent to use application, she would have won, even though this other person launched first.

Speaker B:

Because that intent to use application help it's called, it's deemed constructive use.

Speaker B:

So it basically gave my client the upper hand.

Speaker B:

Filing those early applications is huge.

Speaker B:

Another problem that I saw was a client came to me after she did all of her own work and filed her trademark application and gets a refusal because her mark, kind of like the Bluebird situation, I explained, had an I and the other mark had a Y for similar services, she had to change everything because she needed to find a mark that wasn't as confusingly similar as this one that was already on file.

Speaker B:

So really saving, doing that search in the beginning saves so much time, energy and money down the road.

Speaker B:Spending:Speaker B:

But to work with an attorney to clear your mark, to get everything on file can literally save you $5,000 down the road.

Speaker B:

Because think about it, if you have to rebrand, if you're a service based business, it's bad enough.

Speaker B:

But if you're a product based business, you're looking at your product, your packaging, your bottles, your boxes, your shipping materials, everything.

Speaker B:

And it's a really big headache.

Speaker B:

So I always say starting smart is the way to go.

Speaker B:

Let's be proactive and not reactive.

Speaker B:

Thank you.

Speaker A:

One of you started to answer one of the questions that I have.

Speaker A:

Which is which, which types of companies, you know, are there particular types of companies that are at the biggest risk where the, where the vulnerability is so much worse?

Speaker A:

And of course it's vulnerable for any brand.

Speaker A:

But you just talked about like retail types of brands, any types of brands.

Speaker B:

Where product based businesses, I mean you want to be so careful.

Speaker B:

Service based businesses too.

Speaker B:

I mean it's one thing if you're using your own personal name, which I don't love, to be honest.

Speaker B:

That's why I have a brand name lock, Legal and I don't go by Lauren Berkerson.

Speaker B:

But if you're a product based business, you're especially vulnerable because there's so much you would have to change in the way of your actual products, even service based businesses, especially if you are looking to grow and scale no matter what kind of business you are.

Speaker B:

The second you put all of these marketing plans behind you, if you start getting big and somebody else sees what you're doing and runs to the PTO to file a mark that you rightfully own because you've been using it before them, guess what?

Speaker B:

You might still be able to get your registration back because you are the rightful owner of, but you're going to end up in litigation before the trademark trial and appeal board and spend tens of thousands of dollars, if not more to fight for a mark that would have been yours had you just spent a little money to file your application.

Speaker B:

So that's why I'm all about being proactive because it really can save such heartache and so much money.

Speaker A:

No, that is such a great story because it really illustrates what can happen and not necessarily that every single time you couldn't be able to keep your name, but that it's just a huge distraction and waste of time.

Speaker B:

Exactly.

Speaker A:

Beautiful.

Speaker A:

So how should visionary women founders incorporate legal planning into their business strategies to ensure long term protection and business growth and success?

Speaker A:

What should we all be thinking about?

Speaker A:

And I know you focus on trademarking and copywriting, but I know you also do contracts and various other things.

Speaker A:

So talk to us about what you think we should all be thinking about and make sure that we're strategic about our legal support.

Speaker B:

Absolutely.

Speaker B:

Always be thinking about clearing your name and the foundation you're going to build your business on.

Speaker B:

That's number one.

Speaker B:

You do not mean that's the easiest thing you can do.

Speaker B:

Right?

Speaker B:

It's very, very simple.

Speaker B:

Do that.

Speaker B:

Maybe not step one, but you know, it should be in the very, very beginning.

Speaker B:

Obviously, you want to incorporate your business so that you don't have personal liability.

Speaker B:

You want to protect all of your core materials, and you want to make sure that all of your contracts are in place for employees, partnership, whatever it is.

Speaker B:

And do not sign anything that you do not understand.

Speaker B:

When I am working with my clients on contracts, I tell them 75 times throughout the process as they're reviewing, my first draft is a working draft.

Speaker B:

And I'll go back to the client and say, how did this feel?

Speaker B:

Do you need like, what else do you not understand?

Speaker B:

What doesn't fit?

Speaker B:

We talk about everything, but I say all the time, make sure that you understand every single clause in this contract.

Speaker B:

Because you should not be giving out anything that you don't fully understand.

Speaker B:

You should never sign anything that you don't fully understand.

Speaker B:

And especially when it comes to your ip, you don't want to inadvertently be signing away rights to something that you own.

Speaker B:

So really, I can't stress enough.

Speaker B:

If you do not understand something, get help to understand it.

Speaker B:

That's what we're here for.

Speaker B:

And any good lawyer is not going to make you feel small, put you down, and if they do, that's a lawyer you want to run away from.

Speaker B:

Because our job is to partner with you to make you feel confident and empowered and secure.

Speaker B:

We want you to understand everything you're signing because your contracts are your foundation.

Speaker B:

All of these foundational pieces are really important and it's important that you truly review and understand.

Speaker B:

I cannot tell you how many people just sign things willy nilly and it comes back to haunt them.

Speaker A:

Oh my goodness.

Speaker A:

I can tell you this.

Speaker A:

A Force for Good is my sixth business.

Speaker A:

Early on I was like, oh, I Don't want to spend the money on legal and this and that.

Speaker A:

I have learned that good attorneys, good accountants, good HR experts.

Speaker A:

If you don't have in house hr, having those pieces is critical.

Speaker A:

I've experienced every rookie move and most.

Speaker B:

Of us have, right?

Speaker A:

I mean, I mean, I mean, I mean, right.

Speaker A:I had a:Speaker A:

I worked with an attorney on a lease, and when we revised the lease, like when I re upped it, I didn't have the attorney look at it and thought it was the same thing.

Speaker A:

It wasn't terrible.

Speaker A:

Now, you know, I just went through a merger and then an acquisition.

Speaker A:

You get really serious and dirty with your lawyers when that comes up.

Speaker A:

I've learned that you have to work with attorneys and find one.

Speaker A:

Not all attorneys are the same.

Speaker A:

The other thing I would say is, like, there's a lot of you might you, you founders listening today.

Speaker A:

You might have an attorney that you work with for a variety of things, but trademarking and copywriting, intellectual property is a specialty.

Speaker B:

It's the same way that you wouldn't go to a GI when you're having a problem with your ears or if you are needing knee surgery, you're not going to go to a dentist.

Speaker B:

They're all different types of practices.

Speaker B:

And, you know, trademark lawyers are experts in trademark law.

Speaker B:

I'm not going to pretend to tell you that I could do your, you know, your incorporation agreement or your partnership agreement.

Speaker B:

That's not my domain.

Speaker B:

That's not my expertise.

Speaker B:

We understand things that a normal attorney who doesn't practice trademark law but has a different expertise might not understand.

Speaker B:

It's not a ding to those attorneys.

Speaker B:

They do what they do, we do what we do.

Speaker B:

And we all work together to achieve results for our client.

Speaker B:

We all have different expertise.

Speaker B:

I liken it to doctors.

Speaker B:

You go to, you know, an eye doctor when you have a problem with your eyes.

Speaker B:

You wouldn't go to a dermatologist for that same thing.

Speaker A:

Yes, exactly.

Speaker A:

I mean, even when we closed on our health care deal, we had so many different attorneys with different expertise, right?

Speaker A:

We had a state Medicaid attorney, federal Medicare attorney, a tax attorney.

Speaker A:

It's just what you do.

Speaker A:

Especially as we're starting and growing our businesses, we're creating a company that hopefully has intrinsic value and you want, you want to, you want to protect that.

Speaker A:

And Lauren is certainly here to help you do that.

Speaker A:

So I have one more question to ask you about the future of business as it relates.

Speaker A:

In particular, to where is intellectual property going in the world of AI?

Speaker A:

And as things are changing and people are creating things in partnership with AI, what do you think about all this, Coco?

Speaker B:

Your guess is as good as anybody's right now.

Speaker B:

The law is constantly evolving.

Speaker B:

Copyright typically has to be created by a human.

Speaker B:

So it'll be very interesting to see what happens when AI comes in.

Speaker B:

There's starting to be some case law on it.

Speaker B:

There's been some areas where small amounts of AI have been deemed still protectable.

Speaker B:

But it's evolving and changing every day.

Speaker B:

People are asking, what if AI helps you come up with your trademark name or logo?

Speaker B:

It'll be a very interesting hot field.

Speaker B:

I just took a continuing legal education course last week and my friends and I were talking.

Speaker B:

This is what we need to keep doing because it's.

Speaker B:

It's constantly evolving and there's no there's set in stone yet because it's such a new area.

Speaker A:

Right.

Speaker A:

I keep hearing.

Speaker A:

I'm in a couple of entrepreneur groups and I was with them last week.

Speaker A:

Some of them were talking about getting their content and intellectual, all of their IP out into the world.

Speaker A:

And I go, well, just work with your AI and then you can create this and it'll go out into the world.

Speaker A:

It may not be that simple to protect yourself with that.

Speaker A:

That may not be an asset that you can actually, you know, hold on to.

Speaker A:

I felt really fortunate that when I was writing A Force for Good Chap, GPD didn't exist.

Speaker B:

Right, Exactly.

Speaker B:

It's like when my.

Speaker B:

When my.

Speaker B:

My son, who's in sixth grade, he's like, but I don't understand.

Speaker B:

What did you, you know, how did you do research when you were my age?

Speaker A:

Microfish.

Speaker B:

Microfiche.

Speaker B:

Right.

Speaker B:

He's like, what is that?

Speaker B:

I'm like, I don't even know how to begin to explain that to you.

Speaker B:

But he's like, what do you mean you didn't have the Internet?

Speaker B:

I'm like, we just didn't have the Internet.

Speaker B:

Like there's nothing to understand.

Speaker B:

Like it didn't exist.

Speaker B:

It was like the same thing that my parents would talk about.

Speaker B:

Oh, they would sit around the radio and listen to like the one radio show.

Speaker B:

Like it's the same thing.

Speaker B:

Like we just didn't have it.

Speaker A:

And.

Speaker A:

Yeah, yeah.

Speaker B:

Right over the head.

Speaker A:

Well, it's going to be an exciting time.

Speaker A:

I hope everybody is prepared to go through the ups and downs of it.

Speaker A:

We all are going to need brilliant experts and advisors like you, Lauren.

Speaker A:

So what is the final word of wisdom that you would like to offer to women founders, visionary women who are creating amazing companies that are scaling and hope to be the next unicorns.

Speaker B:

I would say two things.

Speaker B:

Number one, do it scared.

Speaker B:

That's what a year in entrepreneurista.

Speaker B:

Stephanie Carton, who's the leader of entrepreneurista, always said, and that really helped me get started.

Speaker B:

You're always going to be scared.

Speaker B:

Don't wait until you feel better or more comfortable.

Speaker B:

There's never a good time, so do it scared and jump in.

Speaker B:

The other thing I would say is to always be proactive rather than reactive.

Speaker B:

If you are proactive and you know now you've listened to this podcast, right?

Speaker B:

The more you learn when you educate yourself, don't delay.

Speaker B:

Just take action to protect yourself and spend a little bit upfront to save a ton of money and heartache down the road.

Speaker B:

So it's worth its weight in gold.

Speaker B:

Take steps to protect yourself right away.

Speaker A:

So tell us, I love that.

Speaker A:

And do it scared and just, you know, be able to take that action.

Speaker A:

How, how can listeners learn more about you and your services?

Speaker A:

You have a great online six day program, right?

Speaker A:

Tell us about that.

Speaker B:

Yeah, I have a six day email guide on getting trademark smart free simple.

Speaker B:

I take out the legal jargon.

Speaker B:

I just explain everything, soup to nuts about why you need a trademark, how you know we want to clear a treatment, how you can pick a name for a new service, product line, podcast, whatever.

Speaker B:

It may be really easy to understand.

Speaker B:

It's just an email series.

Speaker B:

So that is a great, valuable place to start.

Speaker B:

I also offer free consults.

Speaker B:

We can talk about what packages might be most applicable.

Speaker B:

But yeah, you could find me on my website storylocklegal.com or on LinkedIn under Lauren Berkerson.

Speaker B:

And I'm sure you'll put it in the show notes or something.

Speaker A:

Yes, indeed.

Speaker A:

Great.

Speaker A:

So storylock legal.com and when you go to that page you're going to find, when you move down the page you're going to see this six day email guide to get trademark smart.

Speaker A:

So be sure to go there and get that.

Speaker A:

And then you'll see when you go to Lauren's website, storylock legal.com you're going to see that there are different ways, there's different packages.

Speaker A:

So it's very transparent.

Speaker A:

I love this idea of the office hours too.

Speaker A:

How do people do the office hours?

Speaker B:

You can sign up right on my website I do offer free consults, as I said, but that's not really an attorney client relationship.

Speaker B:

I can't truly provide legal advice.

Speaker B:

Sometimes people will meet with me and if they want more advice then they'll go into an office hour or sometimes people will just start with an office hour and say this is what I have and I need help.

Speaker A:

I love it.

Speaker A:

I love it.

Speaker A:

This is great and so accessible for women founders and you know, thank you.

Speaker A:

Thank you, Lauren.

Speaker A:

You've certainly educated me today and I'm sure everybody listening has also learned a great deal from you.

Speaker A:

Thank you everyone for joining us on the Wisdom of Women show.

Speaker A:

Thank you Lauren for illuminating the path to unlocking opportunities for growth and prosperity for women led enterprises.

Speaker A:

We value your experience and your wisdom.

Speaker B:

Thank you so much.

Speaker B:

It was wonderful to be here.

Speaker B:

It was so nice to speak with you after times of having to cancel.

Speaker A:

Exactly.

Speaker A:

And so thank you everybody for being here.

Speaker A:

Just remember the world is made better by women led business.

Speaker A:

So let's all go make the world a better place.