WEBVTT - Why Trademarking Before Launching Your Business is Crucial

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<v Speaker 2>So why do business owners need to trademark their business

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<v Speaker 2>before launching? So I always ask people, will you build

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<v Speaker 2>a house on lane? You don't? I'm gonna ask you guys,

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<v Speaker 2>will you build a house on land you don't own?

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<v Speaker 1>I didn't?

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<v Speaker 2>No, right, right cause it makes sense, right, you're gonna

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<v Speaker 2>before we build houses in America, Right, we go and

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<v Speaker 2>we do a title search on the land and make

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<v Speaker 2>sure no one owns the lands. There's no leans on

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<v Speaker 2>the land or anything like that. Because if we go

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<v Speaker 2>and we just start building a house on land and

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<v Speaker 2>we haven't cleared the land, the owner of the land

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<v Speaker 2>can come tear that house down. Right. It's the same

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<v Speaker 2>equivalent when it comes to building a business on a

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<v Speaker 2>brand name and you don't own the name, right. And

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<v Speaker 2>so being that I have been practicing this law for

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<v Speaker 2>ten years, I have seen where people have invested their

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<v Speaker 2>four one K plans or took out money, you know,

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<v Speaker 2>from their retirement to invest in product and marketing material,

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<v Speaker 2>only for it to be torn down by the rifle owner. Right.

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<v Speaker 2>So I tell people, before we build brands and we

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<v Speaker 2>build businesses, we want to make sure we're clearing the

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<v Speaker 2>name and we're actually owning that name, so everything that

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<v Speaker 2>we're building on top of it is ours now. Okay.

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<v Speaker 1>So if we got to get the name to make

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<v Speaker 1>sure that we own it, what where are we going

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<v Speaker 1>to search for this? Like? Are there specific sites? I

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<v Speaker 1>feel like most people have no idea. They'll just type

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<v Speaker 1>in trade and whatever Google tells them that's what we're using.

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<v Speaker 1>It might not be the most accurate thing. So what

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<v Speaker 1>sites are we going through to ensure that if we

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<v Speaker 1>use this name, we can own this name.

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<v Speaker 2>That's a great question. So what I would first start

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<v Speaker 2>is with the USPTO dot gov and make sure it

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<v Speaker 2>says dot gov and not dot com, right, because there

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<v Speaker 2>can be some you know, fraudulent sites and things like that.

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<v Speaker 2>So start with the USPTO dot gov, and you want

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<v Speaker 2>to start broad because you want to see does anybody

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<v Speaker 2>own the name? But also too, this is where it's

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<v Speaker 2>important to hire an attorney because under the law it's

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<v Speaker 2>not about what's the same, but what can be deemed

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<v Speaker 2>confusingly similar. So if you go to the USPTO dot

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<v Speaker 2>gov and you search Starbucks, right, probably nothing will come

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<v Speaker 2>up and you'll be like, oh, I'm good, I can

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<v Speaker 2>go start a coffee company. Well, Starbucks is going to

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<v Speaker 2>have a problem with that, because under the law it's

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<v Speaker 2>not about what's the same ain't, but what can be

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<v Speaker 2>deemed confusingly similar. So first I would start there, and

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<v Speaker 2>then I would start with Google, and then possibly social

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<v Speaker 2>media handles as well, and then just searching domains. But

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<v Speaker 2>it's also important that we understand the nuances of the law. Right.

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<v Speaker 2>There's forty five different classes under trademark law, and sometimes

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<v Speaker 2>you can have brands that co exist in a marketplace.

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<v Speaker 2>That's why we have the chocolate doft soap, mac Makeup,

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<v Speaker 2>Mac Computer, Delta Airline, Delta, Falsett, Pandora Jewelry, Pandora Music.

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<v Speaker 2>So your name might come up. But if it's a

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<v Speaker 2>plummet industry and you're in a beauty industry, you make

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<v Speaker 2>and coexist. Right. But where a lot of times people

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<v Speaker 2>fall short entrepreneurs is they will say, Okay, my name

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<v Speaker 2>is available, I'm gonna file the name, and they just

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<v Speaker 2>pick a class and now they think they own that

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<v Speaker 2>name in its entirety. You know. Recently I seen an

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<v Speaker 2>interview from Caesar from Black Ink, and he talked about

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<v Speaker 2>how he actually was surprised when he had his dog

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<v Speaker 2>find an issue that he was let go from a show,

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<v Speaker 2>the show that he thought he owned because he created

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<v Speaker 2>black Ink and a black Ink brand. Well, what season

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<v Speaker 2>didn't know was and he filed his own trademarks too,

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<v Speaker 2>and he thought he had his trademarks register, but he

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<v Speaker 2>filed him for Tattooon Services and I think for a peril.

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<v Speaker 2>But when he did his deal with Viacom with the

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<v Speaker 2>reality show, they went and filed the name for entertainment services.

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<v Speaker 2>And so there's a big difference there. So it's important

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<v Speaker 2>that you understand those nuances.

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<v Speaker 1>And so inside that we shouldn't do this on our own.

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<v Speaker 1>So some people will say, I can do I can

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<v Speaker 1>figure this out by myself. Get an attorney.

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<v Speaker 2>Get an attorney. I have about five thousand clients, and

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<v Speaker 2>a fourth of them either did in themselves first and

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<v Speaker 2>then they had to come to us later, or they

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<v Speaker 2>went to one of these in internet sourcing companies right,

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<v Speaker 2>thinking they're hiring someone who would guide them and lead them.

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<v Speaker 2>But they're just really data transfer companies where they'll take

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<v Speaker 2>your data and transfer it into the information system in

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<v Speaker 2>an LLC or corporation enough to have for ownership in

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<v Speaker 2>the business. And so that is also a great question.

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<v Speaker 2>And the reason is is because as business owners, I

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<v Speaker 2>always say an educated entrepreneur is a successful one. We

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<v Speaker 2>have to understand the different legal vehicles and why they're here, right.

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<v Speaker 2>And a lot of times people think, oh, if I

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<v Speaker 2>got an LLC, I'm good. But the LLC might not

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<v Speaker 2>even be the best entity type for you, right. But

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<v Speaker 2>what we need to understand is what comes with that

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<v Speaker 2>formation of an entity. So under the law, when we

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<v Speaker 2>file our entities, whether it's an LLC or a corporation

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<v Speaker 2>or partnership, under the law, under our secretary of state.

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<v Speaker 2>We're forming in it within our state. But that says

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<v Speaker 2>that by us creating that company, it's going to give

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<v Speaker 2>us a legal shield to protect us, the individual owner,

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<v Speaker 2>from any legal liability that is to arise out of

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<v Speaker 2>our business. We also may get some tax benefits from

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<v Speaker 2>that as well. Right, But no, no wherein the law

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<v Speaker 2>does it says it's going to give you exclusive ownership

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<v Speaker 2>rights to that name. Right, So you could form your

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<v Speaker 2>business let's say in the state of Illinois, but if

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<v Speaker 2>someone owns the trademark and Illinois said you can have

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<v Speaker 2>this business name. But if someone owns the trademark, let's

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<v Speaker 2>say in the state of Florida, they can shet your

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<v Speaker 2>business now in Illinois. So that's why it's important as

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<v Speaker 2>business owners we understand these different legal vehicles and how

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<v Speaker 2>they work and how they're set up to protect us.

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<v Speaker 2>The trademark is there to protect our name, our logos,

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<v Speaker 2>our slogans, and not a lot of people know. But

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<v Speaker 2>you can also trademark a sound as well, like you

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<v Speaker 2>got mail.

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<v Speaker 1>Interesting, so you brought up the state things. So now

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<v Speaker 1>it makes me wonder there's a difference between filing the

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<v Speaker 1>trademark and the state. Can we file federally as well,

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<v Speaker 1>So like talk about the nuances and that that's.

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<v Speaker 2>A great question as well, because you can file your

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<v Speaker 2>trademark on the state level, right, but when you file

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<v Speaker 2>it federally, you get a lot more coverage. And I

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<v Speaker 2>always say technology is moving faster than the law. So

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<v Speaker 2>back in the day, you used to have to prove

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<v Speaker 2>interstate commerce in order to give federal registration. So a

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<v Speaker 2>lot of people used the state law system to file

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<v Speaker 2>their trademarks when before the Internet, right, Because now that

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<v Speaker 2>we have the Internet, as long as your business is

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<v Speaker 2>a ww dot com or you're on social media and

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<v Speaker 2>you're offering your services or your products to anyone across

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<v Speaker 2>the royal basically now you have interstate commerce. So with

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<v Speaker 2>the Internet, it kind of took that away. So you

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<v Speaker 2>want to go for the broader coverage most as possible

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<v Speaker 2>because you know there is a case and it arise

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<v Speaker 2>out of the state of Illinois, and it was in

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<v Speaker 2>the nineteen fifties where there was this restaurant, a small

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<v Speaker 2>mom and pop restaurant and they sold burger shakes and fries, right,

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<v Speaker 2>and so then there was a Florida restaurant that adopted

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<v Speaker 2>the same name and they old burger shakes and fries

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<v Speaker 2>as well, and so the Florida restaurant began to grow

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<v Speaker 2>very fast and very rapidly. And there was supposed to

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<v Speaker 2>be an agreement that they will never come into the

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<v Speaker 2>state of Illinois. Well, we know money talk and buy

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<v Speaker 2>craft walk, and they came in the state of Illinois. Well,

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<v Speaker 2>the state of Illinois restaurant filed a declaratory judgment under

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<v Speaker 2>federal law to kick them out of the state of Illinois,

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<v Speaker 2>and the court accid them. In the state of Illinois,

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<v Speaker 2>they were the first users, right. The court accid them, well,

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<v Speaker 2>how far does your customers come to your restaurant? And

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<v Speaker 2>this is a restaurant it's like in Matoon, Illinois, which

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<v Speaker 2>is like maybe like two hundred miles south of Chicago,

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<v Speaker 2>but it's right off a major highway in Illinois. And

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<v Speaker 2>they said, well, they come from about a twenty mil radius.

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<v Speaker 2>And so the court said, okay, well this company cannot

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<v Speaker 2>come within a twenty mile radius of your restaurant. But

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<v Speaker 2>now you can't go outside of twenty mil radius of

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<v Speaker 2>you restaurant because they have the federal registration and unfortunately

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<v Speaker 2>federal trump state. So at do you know, like they

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<v Speaker 2>boxed them in. But what's the name of that company?

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<v Speaker 2>Can you guys imagine, like, what was the name of

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<v Speaker 2>that restaurant, McDonald's. That's my first I McDonald's. What's the

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<v Speaker 2>other one? Burger King. So if you google right now

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<v Speaker 2>the original Burger King, it's still gonna come up today

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<v Speaker 2>and it's twenty twenty four and that restaurant in Withsoon

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<v Speaker 2>Illinois is still open as the original Burger King.

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<v Speaker 1>Again, there was another Burger King.

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<v Speaker 2>Before Burger King, exactly in Illinois. So the big corporation

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<v Speaker 2>Burger King. It originated out of Florida, out of the

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<v Speaker 2>state of Florida, but the state of Illinois Burger King.

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<v Speaker 2>They were the first users, but they didn't have federal registration.

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<v Speaker 2>So that's why it's so important that we are. They're

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<v Speaker 2>still there to this day. It's one store. It's just

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<v Speaker 2>one store because they can never grow outside of that

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<v Speaker 2>twenty mile radius.

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<v Speaker 1>They could put like four stores inside the twenty miles,

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<v Speaker 1>but they don't make sense.

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<v Speaker 2>They wouldn't even matter.

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<v Speaker 1>Is not Burger King.

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<v Speaker 2>It's a restaurant, a fast food. It's a restaurant and

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<v Speaker 2>they sell burger shakes and fries and it's called the

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<v Speaker 2>original Burger King. So if you ever google Burger Kington, Illinois,

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<v Speaker 2>it will come up so with.

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<v Speaker 1>The I mean, that's an incredible story, but it makes

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<v Speaker 1>more sense to file federally or is it? Yes, I

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<v Speaker 1>think it's more expensive as well.

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<v Speaker 2>Well it is, but sometimes the state registration is not

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<v Speaker 2>as it's effective and impact of as you need it

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<v Speaker 2>to be, especially in a day and age where the

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<v Speaker 2>internet is here. Right, and see another thing why that

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<v Speaker 2>story is so important is because trademarks are legacy builders. Right.

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<v Speaker 2>A trademark can outlive you. Coca Cola been registered since

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<v Speaker 2>eighteen ninety three, Mercedes since nineteen oh three, right, and

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<v Speaker 2>so a trademark can like so the original people who

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<v Speaker 2>created that Burger King that that was a family owned business,

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<v Speaker 2>so imagine what they could have did and expanded with

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<v Speaker 2>their company. But they are now attached to this judgment

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<v Speaker 2>out of federal court since the nineteen sixties, so it

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<v Speaker 2>limited their legacy. So I always tell people you want

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<v Speaker 2>to secure your brand, not only to secure your bag,

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<v Speaker 2>but you want to secure your brand so you can

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<v Speaker 2>secure your legacy.

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<v Speaker 3>An illegal alien from Guatemala charged with raping a child

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<v Speaker 3>in Massachusetts, an MS thirteen gang member from El Salvador

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<v Speaker 3>accused of murdering a Texas man of Venezuelan charged with

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<v Speaker 3>filming and selling child pornography in Michigan. These are just

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<v Speaker 3>some of the heinous migrant criminals caught because of President

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<v Speaker 3>Donald J. Trump's leadership. I'm Christy Noman, the United States

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<v Speaker 3>Secretary of Homeland Security. Under President Trump, attempted illegal border

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<v Speaker 3>crossings are at the lowest levels ever recorded, and over

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<v Speaker 3>one hundred thousand illegal aliens have been arrested. If you

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<v Speaker 3>were here illegally, your next you will be fined nearly

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<v Speaker 3>one thousand dollars a day, imprisoned, and deported. You will

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<v Speaker 3>never return. But if you register using our CBP home

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<v Speaker 3>app and leave now, you could be allowed to return legally.

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<v Speaker 3>Do what's right.

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<v Speaker 2>Leave now.

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<v Speaker 3>Under President Trump, America's laws, border and families will be protected.

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<v Speaker 2>Sponsored by the United States Department of Homeland Security,