Business

The Is My Brand Protected? Podcast

This is a podcast about innovation, game-changing, up-leveling and trailblazing business concepts and trends mostly technology focused. We discuss current events, news and provide interviews all centered on answering the crucial question, IS MY BRAND PROTECTED? Listening to this podcast is NOT to be construed as LEGAL ADVICE. Sometimes we do not discuss legal topics at all, sometimes we just chat about innovation but we are lawyers. We may help you realize that you really need to seek professional legal advice for your specific situation and that is great, seek such advice.

Latest Episodes:

012: Determining Your Exit Strategy May 25, 2018

Show notes

In this episode, we talk about developing an exit strategy for your business and why it is important.

Our lead-off quotes:

The end of a matter is better than its beginning, and patience is better than pride. - Ecclesiastes 7:8 (NIV)

I make known the end from the beginning, from ancient times, what is still to come. I say, 'My purpose will stand, and I will do all that I please. - Isaiah 46:10 (NIV)

Exit Strategies to consider:

Lifestyle Company - where there is no planned exit strategy
Planned Liquidation
Mergers and Acquisitions
Initial Public Offering (IPO)
Sale to a Friendly Buyer

TRANSCRIPTION

Hello and welcome to the IS MY BRAND PROTECTED? podcast. I am Aurelia Mitchell Durant your host for today and this episode we will talk about developing an exit strategy for your business and why it is important. Today's lead off quotes are from the New International Version of the Bible. Ecclesiastes 7 verse 8 the end of a matter is better than it's beginning and patience is better than pride. Also from Isaiah 46 Verse 10 I make known the end from the beginning from ancient times. What is still to come. I say My purpose will stand and I will do all that I please. Having the end in mind allows you to adequately plan for the future. This holds true in life and in business. From a legal vantage point knowing where you want to end up is important in planning your formation and brand protection strategies. We will discuss forms of business incarnation in the future but I will add here that it is best to know your exit strategy before you decide whether an LLC or other form of business is adequate. Entrepreneurs thrive on the adrenalin associated with starting a new business but planning can help you to stay on course when the excitement has waned. When the glitter is gone decisions are cumulative. Now there is an approach called Building a lifestyle company where the end goal is that there is no end goal. You essentially use all the business revenue with no thought to the performance of the company. This is the Live for today model. Don't worry about the future. Here survival and not monetization is the goal. There are a multitude of downsides to this approach such as the need for a long-term planning for your future because you do have to still consider your future even if you live for today and tax implications. Planned liquidation is another option. This is where your plan is to close up shop and sell the assets. This is a viable option but your intellectual property may be caught up in the assets. The downside here is that you will only realize the market value of the assets if you have shareholders they may be less than pleased. Another option is mergers and or acquisitions. This is a popular option with tech sector entrepreneurs. This is where they build a product or service with the goal in mind to be bought by a larger company are the plan is to merge with a bigger company to create an even bigger company. This requires you to build your company so that it is attractive to larger companies or to a company seeking a merger in terms of valuation you are seeking an arrangement where the acquirer or the merger partner values your company beyond its market value which requires some real strategy. Sounds good right. Who wouldn't want their company we acquired for more than the market value. But it's not that simple. Mergers and acquisitions are met with company culture clashes and they can be a bit messy. Another option is the initial public offering or IPO IPO used to be the preferred exit strategy. But the IPO rate has been declining for years. Additionally, there are regulatory hurdles like the brain's Oxley and underwriting challenges that may be too extreme for startup stock values are likely to increase but it may not be that easy to do that if you have outside investors. There also may be additional fees here the LLC form a business probably won't work and you'll probably have to reorganize before the IPO. Another option is to sell to a friendly buyer. Here you would not have the same need for due diligence as a friendly buyer might be a family member or a close friend. The downside is managing the expectations of the buyer who you have a prior relationship with. You wouldn't want a bad business deal to make things tight on Thanksgiving. Our mess up a good friendship. The takeaway is that proper business planning would go a long way in all stages of your business adventure from the start middle and end the end. Take some time to get clear on where you would like to end up. From. This discussion reminds me of the moonshot methodology. Are you familiar with that? That is where Google's co-founder Larry Page talked about a methodology that a use for Google at the beginning that said that the goal is to shoot for the moon so that if you miss you land amongst the stars. So my friend what I want you to do is I want you to shoot for the moon. I want you to do that planning to get to the moon. Get things in order. And I thank you for listening to this episode of The IS MY BRAND PROTECTED? podcast. Be sure to subscribe and visit us on the web at www.ismybrandprotected.com.

011: Celebrity Trademarks May 24, 2018

Show notes

In this episode, we chat it up about some really interesting celebrity trademarks. Our lead-off quote:

Certainly I was typed. But what is typing? It is a trademark, a means by which the public recognizes you. Actors work all their lives to achieve that. I got mine with just one picture. It was a blessing. ~Boris Karloff

We talk about the brands of President Donald Trump, Taylor Swift, Paris Hilton, Curtis "50-Cent" Jackson, Michael Buffer, Tim Tebow and Anthony Davis.

010: Drafting a Proper Website Privacy Notice May 23, 2018

Show notes

In this episode, we discuss drafting a proper website privacy notice. Our Lead-off quote:

Arguing that you don't care about the right to privacy because you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say." ~Edward Snowden

Central theme: You need a customized privacy notice for your website. Your privacy notice should answer the following questions:

Who is collecting the data?
What data is being collected?
What is your legal basis for processing the data?
Will the data be shared with any third parties?
How will the information be used?
How long will the data be stored for?
How can a consumer file a complaint?
What rights does the consumer have relative to your collection?

009: Oprah's Lessons in Learning for the Entrepreneur May 22, 2018

Show notes

In this episode, we discuss the entrepreneur as a lifelong learner using lessons from Oprah Winfrey's University of California commencement speech. Our Lead-off quote:

Education is what remains after one has forgotten what one has learned in school. ~Albert Einstein

Central theme: Quotes from the Oprah Winfrey's University of California commencement speech:

Your job is not who you are, it is what you do on the way to who you will become.
It is best to be interested than interesting.
Be so good at what you do that you cannot be dismissed.
It is the IT factor that means that you keep going no matter what.
Your legacy is every life you touch.

008: The Royal Brand - Brand Licensing May 21, 2018

Show notes

In this episode, we discuss the Royal brand as an example of the use of brand licensing. Our Lead-off quote:

Branding demands commitment; commitment to continual re-invention; striking chords with people to stir their emotions; and commitment to imagination. It is easy to be cynical about such things, much harder to be successful. ~Sir Richard Branson

There was a remarkable striking and beautiful display of the British Royal family brand through the wedding of Prince Harry and Meghan Markel. According to a Nielsen report, 29.2 million American households were tuned in to the Royal celebration. The Royal brand is strong and getting stronger through the use of licenses, merchandising and advances in tourism.

007: Eight Thoughts About Developing a Viable Business Idea May 18, 2018

Show notes

In this episode, we will discuss eight thoughts about developing a viable business idea. Lead-off Quote:

Great minds discuss ideas; average minds discuss events; small minds discuss people. ~Eleanor Roosevelt

Central theme: Eight Thoughts About Developing a Viable Business Idea

When you start, do not worry about viability.
Sometimes the best discoveries come by accident.
Look for ideas that require as little capital as possible.
Seek out ideas that will general some quick sales.
Look for products or services that can withstand your growing pains.
Seek to develop a product where there are a quantifiable number of customers.
Avoid products that are merely an extension of a competitor's product.
Stay away from products that depend on government approval.

TRANSCRIPTION

as stuck on a Caribbean resort with others. Branson chartered a plane and the airline was born. He did not make the capital investment in the planes until there was a volume. To seek out ideas that will generate some quick sales. The sooner you get a win on the board the better off you are and the more enthusiastic you will be. 5. Look for products or services that can withstand your growing pains. Mediocre performance is not preferred. I get it but sometimes it happens on your way to perfection. 6 seed to develop a product where there are a quantifiable number of customers. Is there a widespread demand for your product or service. 7 avoid products that are merely extensions of competitors products. Develop a target market that is independently stable. For example, if your idea is to develop a LCD lighted cell phone case your business model will change with the latest cell phones. 8 stay away from products that depend on governmental approval. For example pollution control innovations that need to meet regulatory approval even if the approval is forthcoming. It may be unpredictable and take too long. These are just some thoughts to ponder when considering your next great idea. Thank you for listening to this episode of The is my brand protected podcast. Be sure to subscribe and visit us on the web at www.amdlawgroup.com. Safeguarding Your Dreams by protecting your brand.

006: Positioning Your Brand For Protection May 17, 2018

Show notes

In this episode we discuss, positioning your brand for protection. Our lead-off quote,

Things may come to those who wait, but only the things left by those who hustle."

~Abraham Lincoln

Central theme: Get clear on your mission, vision, and positioning. Make an honest assessment of where you are in your business. Be able to articulate the essential elements of your brand.

TRANSCRIPTION

Hello and welcome to the IS MY BRAND PROTECTED? podcast. I am Aurelia Mitchell Durant your host for today. Today we're going to talk about the necessary elements in positioning your brand. And the last episode we spoke with a technology sector entrepreneur. When thinking about your brand is more than just your hustle. You have to know your position in the marketplace. Speaking of hustle the lead quote for today is from Abraham Lincoln Lincoln said things may come to those who wait but only the things left by those who hustle. I love the quote but is my curious nature that led me to ponder the association with the word hustle as being part of the vernacular of our 16th president of the United States Abraham Lincoln. So I conducted some research. The word hustle is derived from the 17th-century Danish word hustlin which is spelled h u s s e l n and 1680 hussle meant to shake to and fro by 1840 hussle took on the meaning to get in a quick illegal manner by 1887 it came to mean to sell goods aggressively. Now the urban dictionary a yes that is a real thing says that hussle means to work hard on a goal. So when you conceive of your business brain you must be clear on your positioning. Positioning is a space you want to occupy in the mind of your customer.

This positioning begins at the onset of your business and should remain consistent although it may evolve just as you will. Positioning is not the same as your mission. Your mission is why it's why you are in business. This is different from your vision which is what your vision is what you do to accomplish your mission when asking is my brand protected. At the core of your hustle is your mission which is part of the feeling of your brand that brand is your name used in commerce which should eventually be positioned to become synonymous with your mission. This is a big deal because when you take the initial steps to protect your brand you have to know where you fit. There are currently 45 classes of service under the Federal Trademark Act. You have to pick a class. Are classes that are consistent with your positioning. The takeaway is to get clear on your mission vision and positioning make an honest assessment of where you are in your business. Be able to articulate the essential elements of your brand. Thank you for listening to this episode of The is my brand protectant podcast. Be sure to subscribe and visit us on the web at www.amdlawgroup.com. Safeguarding your dreams by protecting your brand.

005: Interview with Tech Entrepreneur, Kimberly Broomer of Bankable Celebrations May 16, 2018

Show notes

Download this episode In this episode we hear from Kimberly Broomer or Broomer-Carroll Enterprises, Inc. discussing her mobile application, Bankable Celebrations. Mrs. Broomer provides insight into the app development process. The best way to predict the future is to create it. ~Abraham Lincoln Be sure to download the Bankable Celebration App today!

004: Trademark: How To Put The World On Notice May 15, 2018

Show notes

In this episode, we will discuss the use of trademark symbols in putting the world on notice of your trademark. Our lead-off quote:

Your premium brand had better be delivering something special, or it's not going to get the business.

~Warren Buffett

Central theme: Marketing begins with knowing the brand name you are seeking to highlight. Don't get hung up on domains and corporate names, seek to build a premium identifiable brand. After all, Nike started off as just athletic shoes, the value is in the brand name.

003: Is My Business In Compliance with the General Data Protection Regulation (GDPR)? May 15, 2018

Show notes

In this episode, we discuss the General Data Protection Regulation (GDPR). The biggest change to internet data security in 20 years. Our lead-off quote:

It has been said that arguing against globalization is like arguing against the laws of gravity. ~Kofi Annan, Former United Nations Secretary General

Central theme: Business owners who depend on the web should be up on the current changes that will affect the bottom line.

TRANSCRIPTION

Hello and welcome to the IS MY BRAND protected podcast. I am Aurelia Mitchell Durant your host for today and this episode we will discuss the General Data Protection Regulation our GDPR. In the last episode we discuss the four types of innovation we will jump headlong into the discussion of Internet data security because of the impending changes to the scope of internet privacy laws as distinct from net neutrality which we will discuss in a future episode. The GDP is one of the most important changes to Internet privacy in the past 20 years. The Internet makes all things global so even if you don't market directly to the European Union you could be impacted by the GDP are going to lead off with a quote from Kofi Annan the former United Nations secretary-general. It has been said that arguing against globalization is like arguing against the laws of gravity. The Commerce market is booming and the best part is that you are able to secure customers that span the globe. The GDP affects anyone who runs a business Web site or mobile app that collects or processes information about citizens who live in the European Union. The European Union consists of 28 countries. The GDP can affect you no matter what country you live in if you collect information or process orders from European Union citizens or even if they visit your website at least some parts of the GDP or world apply to you.

Why should you care about Internet law and regulatory compliance? You might ask. The short answer is that it affects your ability to do business. Violations of the GDP come with potential fines of up to 20 million euros are 23 million dollars nothing to play with those days of pulling terms and conditions off the Internet. Cutting and pasting them into your website all long over. If you did that for your website let's let that be our little secret but consider yourself on notice. The takeaway is that the Internet that we have come to rely upon is changing. Business owners like you who depend on the Web should be up on the current changes that will affect the bottom line. There is comfort in knowing that you are in the right place for information. Don't just take it in and take action. Thank you for listening to this episode of my brand protected podcast. Please be sure to subscribe and visit us on the web at www.amdlawgroup.com. Safeguarding your dreams by protecting your brand.

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