Own Your Genius with LaConya Murray

Own Your Genius with LaConya Murray

By LaConya Murray, Esq.
Welcome to the Own Your Genius podcast. Tune in each week as Brand Attorney, LaConya Murray, Esq. and guest teach entrepreneurs how to build their businesses, growing their brand, and own their genius!
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S2:EP14 Beyoncé and The Crayon Case, A Lesson In How To Make Your Intellectual Property Work For You

Own Your Genius with LaConya Murray

S2:EP14 Beyoncé and The Crayon Case, A Lesson In How To Make Your Intellectual Property Work For You

Own Your Genius with LaConya Murray

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OYG 6: Everyone Doesn't Need A Trademark
Everyone doesn’t need a trademark.  When you have an idea that can potentially change your life, the first thing you want to do is make sure someone doesn’t steal it from you. Sometimes that results in prematurely making investments you aren’t ready for. If you haven’t validated your idea and aren’t willing to do the work necessary to bring the idea to life, do not file for trademark registration. I mean if the mark you want to register isn’t associated with a good or service, not available in interstate commerce and isn’t unique you don’t have a trademark anyway.  If you enjoyed this episode of the Own Your Genius podcast let me know by rating the podcast and leaving a review. I read the reviews. I love knowing that you all are picking up what I’m dropping.  When you’re ready to protect your brand contact my office by visiting laconya@laconyamurray.com to get started.  Until next time, keep building your business, growing your brand, and owning your genius.
07:55
May 2, 2020
OYG 5 The Parallel Between Business and Fitness
Fitness parallels business and life. Don't believe me? Today's guest, Tamara Brown, Not Your Average Trainer discusses her journey into fitness, recognizing support when it looks different than expected and showing up for your million dollar client. What are you doing to keep your health in check? Let’s keep the conversation going. Head over to the website and let me know your fitness, mindset, and or nutrition routines. If you're ready to make an appointment with your million dollar client, contact Not Your Average Trainer at www.notyouraveragetrainer.com You can also find Tamara @notyouraveragetrainer on social media.  Make sure to rate the podcast. Until next time, keep building your business, growing your brand, and owning your genius.
47:04
April 24, 2020
OYG 4: Owning Your Genius While Working With Other People
Today’s question: I have a meeting scheduled with a potential consultant to discuss helping me flush out my ideas and turn them into products and services. If we work together, it could result in the creation of multiple forms of intellectual property. How can I protect my ideas and my interest while working?  Working with a consultant or coach is only one example of where you need to share your ideas with a third party. If you need to hire a developer, an assistant, or an employee, you’ll want to keep listening. How comfortable are you when it comes to working with third parties. Let’s keep the conversation going. Head over to the website and let me know what your reservations are when it comes to working with third parties. If you need a business plan or need to make sure your contract protects your interest, head over to the website, LaConyaMurray.com. Make sure to rate the podcast. Until next time, keep building your business, growing your brand, and owning your genius. Business Plan Workbook Own Your Genius Challenge
15:53
April 17, 2020
OYG 3: Is Your Streamed Church Service Violating Copyright Laws
Growing up it was common for churches to sing popular gospels songs. Well with the shift in our new normal, the question is how churches today are able to perform songs without violating the copyrights of the artist and producers. Excellent question. To answer it we’re going to start at the bottom and work our way up.  Let’s keep the conversation going. Are you attending church online? If so,  Head over to LaConyaMurray.com/blog to share the link, someone may be looking for a church home. I’ll share mine there as well.
11:50
April 3, 2020
OYG 2. Now's Not The Time To Quit
There are so many messages on how small business owners should be operating in this time. To sell or not to sell is the question some have. I think that question stems from another, how do we help our clients in this time.  Considering giving your products or services for free or not offering them at all isn’t about you at all. It’s out of consideration for your clients/customers. You want to be of service in this time and haven’t figured out how. Today I’m going to give you 5 ways you can be of service to your clients and community during this time. I want to hear from you. How are you serving your community during this time? Head over to laconyamurray.com and let me know.
15:30
March 27, 2020
OYG 1. How to Determine if Rebranding is Necessary
The ‘R” word is difficult for many entrepreneurs to swallow because they have worked hard to create and grow their brand. The decision to change your brand is personal (some times). In today’s episode I discuss three reasons you should consider rebranding. Let’s keep the conversation going. Have you rebranded? If so, why and how did you feel about it. Do you think you need to rebrand? What’s stopping you? Head to laconyamurray.com to join the conversation.
14:47
March 19, 2020
S3: EP3 Did Kobe Trademark Mamba And If So What Happens Now
Is Mamba free game after the passing of NBA star, Kobe Bryant? Will the league change the logo to honor the basketball legend? Do you have questions about how the information applies specifically to you? Schedule a consultation to speak with me laconyamurray.com/consultation
13:29
February 10, 2020
S3:EP 2 U.S Lawyer Files Trademark Application For Prince Harry and Duchess Meghan's Sussex Royal
TMZ interviewed Attorney Jarred Fogleson after learning he filed a trademark in the United States Patent and Trademark Office for Sussex Royal. He says he did it to teach them a lesson not to overlook such matters but who's schooling who? Do you have questions about how the information applies specifically to you? Schedule a consultation to speak with me laconyamurray.com/consultation
24:16
January 27, 2020
S3:EP 1 Target is Sued by Small Business Owner For Trademark Infringement
Happy New Year! Last episode we discussed small business infringing on big businesses but what happens when it is the other way around? Visit laconyamurray.com for your trademark, copyright, and contract needs!
13:37
January 3, 2020
S2: EP27 My Dad's Friend Went To Jail For Copyright Infringement
My dad called me last week to tell me about his friend who just got out of jail for copyright infringement. So many people think that it will never happen to them. Take the free #ownyourgeniuschallenge to learn more about trademarks, copyrights, patents, and trade secrets  laconyamurray.com/challenge
13:42
December 9, 2019
S2: EP 26 Kylie Jenner's Rise and Shine Trademark Application
Welcome to another episode of the Legal Tea.  Kylie Jenner filed a new trademark application for the phrase Rise and Shine after a video of her singing to her daughter went viral. This move has a lot of people asking, how can she trademark a common phrase. Our top takeaways from today's episode are: Know when you can and can't prevent others from using a mark File your trademark as soon as possible to prevent others from benefiting from your good will Common phrases can be trademarked if used in an uncommon way Don't forget to leave a review of the Legal Tea on your favorite podcast platform and share it with your tribe. Have questions? Schedule an assessment to learn more about my services and schedule a consultation. Book Your Assessment
14:34
November 9, 2019
S2:EP 25 Lizzo Accused of Plagiarism But Is It Really? Truth Hurts
Over the last few weeks several people have accused Truth Hurts singer of plagiarism over the opening line of the hit song. Today we'll discuss what plagiarism is its consequences. Visit laconyamurray.com to learn more about Attorney Murray and her services. 
13:12
October 28, 2019
S2: Ep 24 What's the Real Scoop on Megan Thee Stallion's "Hot Girl Summer" Trademark?
In today's episode we discuss Megan Thee Stallion's Hot Girl Summer trademark. Is it really approved? You'll also get the tea on Ariana Grande's 10 million dollar lawsuit against Forever 21 and LeBron James' Taco Tuesday trademark.  Make sure to rate, subscribe and share. Contact my office for your trademark, copyright, and contract needs, laconyamurray.com.
14:27
September 24, 2019
S2: Ep 23 The Takeaway From The TFUE v FaZe Clan Contract Dispute
A friend sent me this story months ago, and I'm so glad she did. So many people believe that contracts are reserved for big businesses, but that isn't the case. People enter into contracts everyday without any consideration for how it will affect them in the long run. http://laconyamurray.com/how-not-to-tfue-your-next-contract/
16:13
September 16, 2019
S2: Ep 22 Is Faceapp out to get all of your private information?
Here’s something else for you to sip on. If the terms and conditions of the FaceApp bother you, you should definitely review the terms and conditions of your favorite social media platforms and other apps. I’m just saying. Today’s top takeaways are: 1. Terms and conditions are legally contracts not just some inconvenient hurdle between you and that app you want to download 2. The time to ask questions about what you’re giving in exchange for using that app, website, software, etc... is before you agree to the terms and conditions not after 3. Read the terms and conditions. I know it’s boring but do it anyway visit laconyamurray.com for more
12:24
August 5, 2019
S2: Ep 21 It's Update Time! Kim Kardashian, The Marathon Continues, and Cardi B
Update episode! Cardi B faces challenges with her 'Okurr' trademark application while Kim Kardashian and Crips LLC both have a change of heart about their applications. 
18:56
July 14, 2019
S2: Ep 20 #KimOhNo Kim Kardashian files for Kimono trademark
Kim Kardashian’s filed a trademark for Kimono. While the Internet yells cultural appropriation, it’s uncertain whether her applications will be approved in the first place. #KimOhNo
23:54
July 3, 2019
S2: EP 19 Why Blacc Sam's "The Marathon Continues" trademark application is better than Crips LLC
What's going on with Blacc Sam's "The Marathon Continues" trademark application and why he'll probably come out with the registration. Top 3 Takeaways Don't wait to protect your brand Use an attorney when at all possible Protecting your brand is a process, a process that takes time. Take the #ownyourgeniuschallenge
22:10
June 27, 2019
S2:Ep18 Kawhi Leonard Files Lawsuit Against Nike for Copyright Infringement But Does He Have A Case?
Kawhi Leonard files lawsuit against Nike for copyright infringement. The lawsuit was filed after receiving a cease and desist letter from the company relating to a logo he alleges he temporarily let Nike use. Top Three Takeaways 1. Register your work immediately 2. Have an attorney review your contract for terms you may have missed or don't understand 3. Have a basic understanding of intellectual property even if you work with an attorney.
14:49
June 13, 2019
S2: EP17 LA Crips May Have Some Trouble With Their " The Marathon Continues" Trademark Application
  Two weeks ago, the LA. Crips filed a trademark application for The Marathon Continues. Yes, La Crips as in one of the most prominent gang organizations of the 80s and 90s are out here owning their genius! Three top takeaways Own your genius Every good and service must  be in use in interstate commerce when you file your in use trademark application Your trademark application is filed under oath. Lying on your trademark application can result in a fine or imprisonment. Visit laconyamurray.com to schedule a consultation. Own your genius challenge Upload your trademark, copyright, and/or patent certificate blur out the sensitive information Tell us what owning your genius means to you use #ownyourgenius and tag @laconyamurray
18:08
June 1, 2019
S2: EP 16 What John Singelton's Passing Teaches Entrepreneurs About Preparing For Death
Before John Singleton's death on April 28, 2019,  his family had already begun fighting over control of $35 million dollar estate. I invited Attorney Rodney Davis to discuss what entrepreneurs can learn about business succession from his passing. Top 3 Takeaways Plan for how you want your business affairs handled at death Communicate your intentions with your business partners and family Work with an attorney to put your intentions in writing Attorney Rodney Davis Law Office of Rodney Davis https://rdavislawoffice.com/ https://www.facebook.com/rodneydavislaw/
30:46
May 15, 2019
S2:E15 LL Cool J Wins Trademark Lawsuit But Not For The Reason You Think
In late April of this year, LL received a default judgment against Guerrilla Division after they failed to respond to the lawsuit. I’m excited for the win but I don’t want you to leave here thinking that LL had some sort of priority because of his 1985 hit, Rock the Bells. 3 top takeaways 1. Respond to mail you receive from the court. It could cost you a lot more than access to email accounts. 2. LL Cool J’s trademark rights were established through use of the mark in association of goods and services not his song. 3. Trademark registration is only the beginning of protecting your brand. You must police and enforce your rights.
10:37
May 4, 2019
S2:EP14 Beyoncé and The Crayon Case, A Lesson In How To Make Your Intellectual Property Work For You
  Last week I was tagged on a Facebook post where a Crayon Case fan posted pictures of school supply themed make up that was for sale in Sephora. That’s right big brands Moschino and Sephora teamed up to rip off the black owned cosmetic brand. I was heartbroken when I saw the pictures. Now what I do know is that Supa’s customers are super loyal to her, so they won’t be jumping ship to purchase these knock off product but it’s bigger than that.     Here are the three points I want you to take away from today’s episode: 1. Protecting your intellectual property puts you in position to earn more money by leveraging your assets. Look how Beyoncè flipped a 5-million-dollar performance into over $20 million 2. Trademarks protect more than just words and logos. Trademarks also protect sound, smell, color, and shapes 3. While common law trademarks offer some protection you need a federal trademark to exercise your authority to exclude throughout the United States You can register for the free masterclass  Listen to episode 13 here Schedule a time to speak with me here
15:27
April 26, 2019
S2:EP13 50 Cent's Trademarking of Teairra Mari's "I Ain't Got It" Makes Him the King of Petty
 Sooo 50 Cent out here taking petty to whole other levels. Teairra Mari release a diss track, “I ain’t got it” referring to the 30k she owes him. Fifty swooped in and bought the domain name and filed for the trademark before she had a chance to make any money from it. #gottabequickerthanthat Before you strive for this level of pettiness make sure to listen to today’s podcast. Top three takeaways 1. Purchasing a domain name does not constitute trademark use 2. Before your trademark application can be approved for registration you must submit proof that you are using the mark in commerce 3. That willful false statements and the like are punishable by fine or imprisonment under 18 United States Code Section 1001 Visit laconyamurray.com to schedule your consultation or book her to speak at your next event
12:33
April 18, 2019
S2. EP12: Stop Bullying Entrepreneurs
Entrepreneur Magazine is sending cease and desist letters to businesses using the word entrepreneur. That's not how this works. It's not how any of this works. Top 3 Takeaways  Trademark registration does not necessarily give you absolute ownership of the registered mark. Trademark protection is limited to how your mark is used. Entrepreneurs have to know your rights as it relates to intellectual property. Don't forget to rate and subscribe to the Legal Tea. Visit laconyamurray.com 
10:04
April 8, 2019
Cardi B teaches us a thing or two about trademarking cute words and phrases, okurr
Cardi B said that while she is here she’s gonna secure ALL the bags! She went on Instagram last week for the folks  who were mad that she filed to trademark Okurr, her signature catchphrase. Some people are like how? Some  people are like but the Kardashians did it first. So gather around as I spill the tea.
20:49
March 29, 2019
S2:Ep10 I Don't Own The Rights To This Music
According to the Verge.com, Peloton is being sued for copyright infringement by several members of the National Music Publishers Association (NMPA) for using music that they do not have the rights to. Peloton is not the only one guilty of this. Everyday 100s of 1000s of people commit copyright infringement  on social media and in their business and try to absolve themselves by using the disclaimer " I don't own the rights to this music" Top 3 Takeaways   Artist have a right to say what happens to the music they create A disclaimer and giving credit does not prevent infringement  Avoid infringement by seeking permission from the artist  Remember, if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co 
09:02
March 23, 2019
S2:Ep9 Beyoncé and Jay-Z Teach Us About Bonafide Intent
  It’s March 18, 2019, Beyonce and Jay-Z’s first born, Blue Ivy Carter is 7years old and her parents are still battling to secure her trademark. The couple first filed for trademark protection in an intent to use application in January of 2012. An office action was issued for likelihood of confusion with another company however the problem was rectified when the Carters amended their application. This application was approved for use, which gave the Carters’ six months to began using the trademark in association with the goods listed in their application. There were so many lessons to pull from. Our top 3 takeaways are 1. You can’t file a trademark application to prevent other people from using the mark 2. Don’t file an intent to use trademark application unless you truly intend to use the mark in commerce 3. The intent is more than a someday type of thing. You must be able to provide proof that you are working on bringing the product or service to the market Remember, if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co 
18:59
March 20, 2019
S2:Ep8 AT&T hit with false advertising lawsuit by Sprint for 5G claims
False Advertisement is a thing and its not just reserved for brand ambassadors. Under the Lanham Act, the same act that governs trademarks and services marks, businesses are prohibited from creating an unfair competitive advantage through misleading advertising or label.
15:16
March 9, 2019
S2:EP7 Huge Ass Beer Has A Giant Trademark Problem
Nicholas Karno, Inc. filed for trademark protection of the Huge Ass Beer mark in 2013 after using the mark in commerce since 1996. His beer became well known because of the gigantic 32 oz container the beer is sold in. According to Karno, the infringement began after a business relationship went south. At which time the Olano family began selling Gaint Ass Beer in several of their business establishments. Talk about petty. Today’s top 3 takeaways 1. Trademarks protect not just same but also similar marks 2. Conduct a trademark clearance search before you commit to a mark 3. Conduct a trademark clearance search even if you’re only doing business in your state. Remember federal trademark protection covers all of the United States If you need a trademark clearance search conducted schedule a time to speak with me by visiting iprotectbrands.com If you have a registered trademark and you want to make sure no one is infringing on your mark, let’s look into monitoring your trademark.  Remember, if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co 
10:16
March 2, 2019
S2:Ep6 Duh, Of Course The Carlton Dance Isn't Protected By Copyright
Today’s episode is an update. In episode 7 of season 1 of the legal tea with discussed Fornite’s problematic behavior. Where the company was using dances made popular by black artist in their game without permission, credit or payment. We talked about copyrights as they relate to dance and the likelihood of someone succeeding on a copyright infringement lawsuit. In episode 15 of season 1 we discussed the lawsuits filed by 2 Milly and Alfonso Riberio against Fornite for copyright infringement and right to publicity. It was really just a matter of time. Well since then there have been some major movement in those two lawsuits. Plus we had a listener ask, how do you get right to publicity? I figured the best way to answer this question and to further explain why the case against Fornite really isn’t about copyrights is to discuss the EA Sports lawsuit from a few years ago.   Top 3 takeaways 1. Right of publicity gives you the right to exclude others from making money off of your likeness without your permission.  2. Everybody has this right. It is not reserved for celebrities and high profile people 3. It is a up hill battle trying to copyright dance moves that involve only a few steps Visit thelegaltea.co and tell me what you think Visit iprotectbrands.com to schedule a time to discuss your legal needs.
15:29
February 22, 2019
S2: Ep 5 Figi Water Girl Sues Figi For Unauthorized Use of Her Likeness
 Fiji Water hired Kelleth Cuthbert as a model to promote their product at the Golden Globes. After becoming a social media hit, Cuthbert sued Fiji Water for creating an unauthorized marketing campaign based off of the Golden Globe moment using her likeness. The company created cardboard cutouts of Cuthbert and used them in offline marketing campaigns. She believed this alleged unauthorized use of her likeness has generated millions of dollars for the company.  Top 3 Takeaways 1. Destroying the agreement does not make it void 2. Negotiate before entering a contract, you don’t want to end up with buyer’s remorse. 3. Actions matter just as much as words. What do you think of this situation? Does it make you want to tighten up your written agreements or start using them in the first place? Visit thelegaltea.co and let me know in the comments.  Also, if you need contract help, visit iprotectbrands.com to contact my office.
13:02
February 15, 2019
S.2: Ep4 Just because you pay for it doesn't make it yours
Gigi Hadid is being sued for copying a picture of herself and posting it to her Instagram account.  As business owners it is very important that we understand copyright laws. Especially today when we’re able to scale our businesses through outsourcing rather than hiring employees. Our three top takeaways are 1. The person who brings the work to life is the person who owns the work unless they are an employee doing the work in the scope of their employment 2. Just because the paparazzi can take a picture of someone without their consent doesn’t mean that you can do the same. Don’t use celebrities likeness to promote your business without their consent. This is not just a right to publicity issue but it is also a truth in advertising issue which is monitored by the feds.  3. Just because you pay for something doesn’t make it yours Remember if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co 
12:06
February 6, 2019
Season2: Episode 3 Samsung's 1.6 Million Dollar iPhone Problem
Samsung is suing one of their brand ambassadors for breach of contract in the amount of 1.6 million dollars. One of our favorite Sex in the City girlfriends is also being sued for not fulfilling her duties as brand ambassador.  Today's episode will discuss why written contracts are a must, especially when working with influencers. Top Three Takeaways  1. Use Written Agreements 2. Use Written Agreements 3. Use Written Agreements Remember if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co 
09:21
January 26, 2019
S.2: Ep.2 What we can learn about trademarks from Game of Thrones, Rihanna, and McDonald's
Winter is here but April is not  however that doesn't stop us from noticing the significance of branding even in the early modern period. Rihanna is suing her father for brand confusion, and McDonald's lost their trademark overseas. Seems we a learn a few things about trademarks from Game of Thrones, Rihanna, and McDonald's.  Top three takeaways 1. Trademarks have been around for a long, long time 2. If you don't use your mark, you'll lose your mark 3. Registration is just the beginning Remember if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co 
14:31
January 19, 2019
S2 Episode 1: Surviving R. Kelly's Defamation Lawsuit
Thursday night Lifetime debuted a documentary series titled, “Surviving R. Kelly” It is a multi-night event giving voices to the women who have alleged to been victims of R&B singer R. Kelly’s alleged predator behavior. The documentary includes over 50 interviews of not only alleged victims but also family members, musicians, and creator of the me too movement, Tarana Burke. For its efforts to provide a voice to women where they have previously been unheard, Lifetime received a scathing cease and desist letter from R. Kelly’s legal team. They alleged that they have proof that Lifetime knows that some of the women being interviewed are lying. In today’s episode of the Legal Tea we are discussing defamation. What it is and the burden of proof. Remember the content in this podcast is not legal advice and is provided for informational purposes only.  Top three takeaways from today’s episode are: 1. Libel and slander while both defamation, are different. Libel refers to written defamation while slander refers to oral 2. Defamation is not just about false statements. It is about the intentional, reckless, or negligent communication of false statements 3. Defamation is not a federal matter and is defined specifically according to each individual state’s law Remember if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co 
19:01
January 7, 2019
Episode 17: Love Is Abrupt Cancellation, Admission of Guilt or Nah
Today we are going to discuss the OWN’s network series, Love Is and how creatives can protect themselves when they are pitching their ideas to third parties.  After being renewed for a second season, the show was abruptly cancelled amid allegations of domestic violence and copyright infringement from one of the show’s creators.  Our focus today is on the copyright infringement allegations. One of our amazing listeners posed the following question: is cancellation of the show the best option for a network to cover themselves while one of their show producers and creators is being sued for possible intellectual theft? Top Three Takeaways 1. Copyrights protect the execution of ideas not the ideas themselves.  2. Don’t trust people with your work especially if you haven’t protected it through copyright registration 3. Non Disclosure Agreements can protect your ideas that haven’t been executed. Meaning if you have an idea for a script but haven’t written it, this written contract can protect it. If the other party will sign it.  Remember if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co 
15:04
December 25, 2018
Episode 16: Offset's Stage Debut, Love or Abuse?
Did you see Offset's latest attempt to win his wife back? Join me and my guests, licensed therapist Ce Anderson and domestic violence attorney Adele Baker Underwood as we discuss the non- physical form of domestic violence and legal remedies for relief. Our top 3 takeaways 1. Domestic violence is not always physical. 2. Vet potential love interest before you become emotionally invested in them. 3. Sometimes it is better to resolve domestic violence situations through the civil courts rather than criminal. That's all I have for you today. Remember if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co You can connect with Attorney Baker Underwood on Facebook at https://www.facebook.com/thebulawfirm You can purchase your copy of Love Taps http://a.co/d/fJkdEGe Connect with Ce Anderson on Twitter and Instagram @CeAndersonlive
38:37
December 20, 2018
Episode 15: Cardi B, Fornite Dance, and Nickelodeon Trademark/Copyright Update
Welcome to episode 15 of the Legal Tea. Today's episode is an update of previous issues we've talked about in the past. Did Cardi B give Fashion Nova written consent to use her name for their trademark? What artist finally sued Fornite for using their likeness? How did Nickelodeon respond to the cease and desist to their use of Double Dare? Our top 3 takeaways 1. Maintain your trademark registrations or risk a finding of abandonment. 2. File for your trademark as soon as you can to avoid delays in your application and spending additional money 3. Recognize the value you bring to others and don’t allow them to benefit from your hard work without your permission That's all I have for you today. Remember if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co
11:06
December 11, 2018
Episode 14: LL Cool J and Prince Battle Alleged Cybersquatters
A couple of weeks ago when we’re discussing Prince's estate trademarking the color purple, I mention the estate filing a lawsuit against for Domain Capital for cybersquatting. Long story short. Domain Capital loaned money to the previous owner of prince.com. (The previous owner was not Prince) The previous owner defaulted on their loan payments and Domain Capital took over the domain. It's very interesting to note that the domain has been registered since 1995 and Prince in his lifetime never attempted to purchase the domain. Last week I learned that LL Cool J is bringing legal action against the founders of Rock the Bells music festival. He is suing them for trademark infringement, false designation of origin affiliation or association, cyberpiracy and unfair competition. He is also requesting an injunction. Ladies Love Cool James has a lot of claims in his complaint but today we are going to focus on one. Cybersquatting. Cybersquatting is the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit. Top 3 Takeaways 1. Purchasing domains with the intent to sell to the highest buyer is cybersquatting. 2. Register your trademarks with USPTO to strengthen your cybersquatting claim and overall complaint. 3. Ask before you leap. Contact the domain owner before you pursue litigation. The domain owner could have a legitimate purpose for the domain.
14:32
December 4, 2018
Episode 13: Black Owned Cosmetic Line Overcomes Trademark Issues With Big Brand To Make 1 Million D
Hey ya'll what's poppin? Thanksgiving has come and gone. Turkey leftovers have been transformed to turkey soup, casseroles, sandwiches, lol. Inboxes have been blowing up with sale notifications left and right for black Friday and Cyber Monday. We even had our on holiday sales going on. But the person that came out on top without any doubt is Supa Cent. Owner of the black owned cosmetic line, The Crayon Case. This sista from Louisiana earned a million dollars in only 90 minutes! 90 minutes! I was seeing this success story all over my timeline but one of our lovely subscribes shared some tea with me. Prior to launching her brand, Supa Cent was sent a cease and desist letter from Crayola for infringing on their trademarks. This made me very curious because I knew that the word crayon is generic and not owned by crayons so what was the issue. Our three top takeaways from today's show are: 1. Look before you leap. Mark sure to complete a trademark clearance search to avoid trademark infringement. 2. It is your responsibility to protect your brand no matter how big you get. Remember the bigger you are the harder you fall. This doesn't mean that you have to punch em in the face when you see someone infringing. They may not even know. 3. If the packaging of your product is unique consider protecting it to avoid replicates and brand confusion. Make sure you check out thecrayoncase.com That's all I have for you today. Remember if you found this information useful, share it with your friends, subscribe, and leave a review. If you see a story you want to share send it to podcast@thelegaltea.co
06:58
November 27, 2018
Episode 12: New Edition Members Battle Over Right To Name
If you follow our Facebook business page for a while you might remember a few months ago I told ya'll that Johnny Gill and Ralph Tresvant of New Edition filed for and received a federal trademark for the group's stage name. For those of you who missed it here's the gist of the conversation. Well in May Ronnie, Ricky, Bobby, and Mike filed to cancel the trademark. Cancellation occurs after the trademark application has been approved for registration. Although trademarks are published to the public prior to final approval, many business owners miss the opportunity to object to the registering of a competing mark because they aren't monitoring their trademarks. Top Three Takeaways 1. If you are a business owner your trademark is an asset that is owned by the business. 2. If you lie on your application it will be void. If your application is void it is like it was never filed. 3. Monitor your mark to stay on top of the registration of conflicting marks. It is easier to defend your mark if the conflicting mark is less than 5yrs
13:07
November 20, 2018
Episode 11: Stay Out Of My Crayon Box!
Today we're talking about the Purple wonder himself, Prince. As we all know, this legend understood the importance of protecting his intellectual property and was no stranger to defending his rights through legal action when necessary. Remember the time he sued 22 Facebook users for linking to bootleg copies of music. How about the time he changed his name to a symbol as a result of contract dispute with his record label. Causing fans to refer to him as the artist formally known as Prince until the matter was resolved years later. Bottom line, he has had rights and he knew how to enforce them. Which is really important when you are creating your own portfolios. It doesn't matter how many trademarks or copyrights you register if you don't take the extra step to monitor and enforce your rights. You will lose what ever rights that are granted to you through registration if you fail to keep people of your mark or off your work. Prince's propensity to protect his brand did not stop at his death. On October 15 of this year, his estate filed a trademark application for a unique shade of purple that was created specifically for him when he was using the symbol rather than his name. The color is Love Symbol #2 and was created by Pantone in 1993 for him. This story was shared to me on Instagram by the financial rebel. In the comments, some people were outraged by this moved. I'm pretty sure this is because they don't really understand what this registration means for their use of the color purple. So let's talk about it. Today's top three takeaways are: 1. If you don't protect your mark you will lose it 2. obtaining a registered trademark for those aspects that make you standout in the market is good for business 3. Prince's registration of the unique shade of purple that was created specifically for him will not prevent us from using the color purple in our normal personal lives
12:24
November 13, 2018
Episode 10: Gee's Bend, A Story Of Poverty, Ignorance, Fame And Copyrights
We're talking copyrights and today's story comes from my own backyard. Boykin, AL which is located in Wilcox County only about 2 hours from Montgomery and known to most people as Gee's Bends. Gee's Bend has a population of under 700. The town became known for the unique quilts made by members of its community. These quilts were created out of necessity, not art. Despite this fact, the quilts caught the attention art collector William Arnett after he spotted them in a Civil Rights era photography book. Arnett bought several quilts and began showing them around the country. The quilts became so popular that the patterns began showing up commercially. Leaving a few quilters scratching their heads. Today's top three takeaways 1. Copyrights do not protect useful articles. 2. Derivatives are work that is created from a preexisting work 3. The first sale doctrine is an exception to copyright law which grants the buyer of copyright-protected work the authority to resell, display, or otherwise dispose of that particular work. Remember if this episode made you say, mmm I didn’t know that make sure to subscribe, rate, and invite your business besties and tribe to catch next week’s episode. Have a story you want me to discuss? Email it to podcast@offthemarkipsolutions.com.
17:56
November 5, 2018
Episode 09: Seeking Forgiveness Can Cost You
We know when it comes to using someone’s intellectual property the rule is always seek permission. Well, this week I’ve read two cases of artists who did, in fact, seek permission BUT when their request was met with denial they moved forward anyway. Choosing to ask forgiveness instead. Case 1. Kendrick Lamar and SZA’s All The Stars music video uses visual artist Lina Iris Viktor. Viktor stated in an interview with the New York Times that she was contacted twice by Black Panther representative about using her work in the promotional material for the film however she didn’t like the terms and declined. Fast forward one month. She noticed her signature gold patterned style in a 19-second scene in the All The Stars video. Case 2. Nicki Minaj leaks her track with Nas that uses Tracey Chapman’s Baby Can I Hold You. The song was supposed to be on her new album but was pulled because she couldn’t clear the sample. Fast forward a few months and Nicki allegedly leaked the song to Funkmaster Flex who teased it on his social media before playing on air that night. After that it was a wrap. The song was picked up on another station and soon made its way around the internet. This brings us to the Atlanta rap group Migos is being sued for copyright infringement for their song "Walk it Like I Talk it" by rapper M.O.S. He claims the group stole the hook from a song he wrote and published 10 years ago. It’s important to note that after he heard Migos version of the song he filed his copyright. Then he filed his lawsuit. Remember, you cannot file a copyright infringement lawsuit without a federally registered copyright. Top 3 Takeaways 1. File your copyright before you publish if possible but definitely before the infringement. 2. Moving forward using someone's copyrighted work after they told you no is evidence of willful infringement. 3. Willful infringement can hurt your pockets and get you locked up Remember if this episode made you say, mmm I didn’t know that make sure to subscribe, rate, and invite your business besties and tribe to catch next week’s episode. Have a story you want me to discuss? Email it to podcast@offthemarkipsolutions.com.
14:05
October 26, 2018
Episode 08: Rihanna's Trademark Woes
Rihanna is being sued over her use of Fenty University’s FU design. Freedom United claims that Rihanna through her partnership with Puma is knowingly committing trademark infringement and engaging in unfair competition through the use of their similar design. Top 3 Takeaways 1. If you have a clothing brand, make sure to use your logo as a brand identifier, not just a design. 2. Trademark infringement is in essence unfair competition. Most states have laws against unfair competition which means you could be liable for damages on a state level. 3. If you are sued for unfair competition or trademark infringement the trademark owner could sue for the profit you made from the infringing mark. Remember if this episode made you say, mmm I didn’t know that make sure to subscribe, rate, and invite your business besties and tribe to catch next week’s episode. Have a story you want me to discuss? Email it to podcast@offthemarkipsolutions.com.
13:53
October 20, 2018
Episode 07: Soulja Boy Cannot Copyright His "Superman" Dance
Although free to use, Fornite charges users for everything else in the game including popular dance moves. They call the dance by other names however the majority of people know the origin come from. Artist and others are calling out Fornite for not giving the artist compensation or credit. One Twitter user asked the twitter world why Soulja’s boy dance “Superman” hadn’t been jacked. Ask and you shall receive an answer even if the answer isn’t correct. Soulja Boy answered, claimed Fornite couldn’t touch his dance move because it's copyrighted and Fornite would have to cut him a check to use it. His response has people everywhere shooked. Can you copyright dance moves? Let's dive in. Top 3 Takeaways • Copyrights protect choreography • Individual dance steps, health moves such as aerobic dances and yoga poses are not protected • The artist may have a claim under right of publicity Remember if this episode made you say, mmm I didn’t know that make sure to subscribe, rate, and invite your business besties and tribe to catch next week’s episode. Have a story you want me to discuss? Email it to podcast@offthemarkipsolutions.com.
10:53
October 12, 2018
Episode 06: Jimmy Choo's problem with Amazon
I recently read an article theFashionlaw.com sharing the American Apparel & Footwear Association believes that the e-commerce retail giant is not consistently doing enough to fight fakes. Members of the AAFA include Calvin Klein, Jimmy Choo, Marc Jacobs, Ralph Lauren and others. As a result of Amazon’s inconsistent handling of copyright and trademark infringement claims the association is requesting that some of Amazon’s international sites be added to the U.S. Trade Representative’s Black List. The list aka Notorious Markets is an annual list which reviews both offline and online businesses that are known for infringing on the intellectual property rights of American companies on a worldwide basis. Top 3 takeaways 1. The person who creates the work owns the copyright to it unless they are an employee during the work in the scope of their employment 2. If something looks too good to be true, it's probably fake. Check the reviews and carefully look at the product description. 3. As a business owner, you do have resources available to you to enforce your intellectual property rights. Remember if this episode made you say, mmm I didn’t know that make sure to subscribe, rate, and invite your business besties and tribe to catch next week’s episode. Have a story you want me to discuss? Email it to podcast@offthemarkipsolutions.com.
15:23
October 5, 2018
Episode 05: Consent People Consent
In today's episode, Attorney Murray discusses Fashion Nova's 4 attempts to register trademarks on the reality star turn rapper Cardi B's name. Today's top 3 takeaways are: 1. You must have consent if you are the filing a trademark for someone's likeness. Even if that someone is you. 2. It's vital that you protect your mark as soon as possible to avoid possible delay from a similar mark which might beat you to the punch. 3. Monitor your mark to stay on top of unauthorized used. Remember if this episode made you say, ummm I didn’t know that make sure to subscribe, rate, and invite your business besties and tribe to catch next week’s episode. Have a story you want me to discuss? Email it to podcast@offthemarkipsolutions.
11:12
September 28, 2018
Episode 04: Fitzmagic Trademark Drama. But Why You Mad Though?
Former University of Alabama player and 1st round draft pick Minkah Fitzpatrick filed a trademark application for his nickname, Fitzmagic and some people just aren’t happy about it. There are some people who think that the Rookie Fitzmagic stole the moniker from the veteran player, The trademark application was filed on September 12th and will sit in the USPTO database for three months before it is assigned to an examining attorney for review. Top 3 Takeaways 1. If the trademark references a person you must have their consent. 2. If the examining attorney does not see a problem with the application, it will be approved for publication. During this time third parties who believe that will be harmed in some way by the registration of the mark can object to the registration of the proposed mark. 3. An intent to use application is filed when the applicant is not currently using the mark in commerce.
12:19
September 21, 2018
Episode 03: WTF Procter and Gamble
Welcome to episode 3 of Off the Mark w/ Attorney. In today’s episode we are discussing Procter and Gamble’s latest trademark filings which include WTF, LOL, NBD and what it does and doesn’t mean for you. Plus Beyoncé scores a big trademark victory for her clothing brand, Ivy Park. Top 3 Take-Aways: 1. Trademarks must be associated with a good or a service. If there is no good or service there is no trademark. 2. Avoid building brands around popular trends. At the end of the day, no one is going to hear/see the trend and think of your product or service. 3. Trademarks are considered in their entirety (sound, meaning, appearance). You will not avoid trademark infringement by making small changes to an already existing mark. Remember if this episode made you say, ummm I didn’t know that make sure to subscribe, rate, and invite your business besties and tribe to catch next week’s episode. Have a story you want me to discuss? Email it to podcast@offthemarkipsolutions.com
18:50
September 18, 2018
Episode 02: Just Do It, Infringement or Satire?
Nike dropped a fire campaign last week showcasing Colin Kaepernick as the new face of their Just Do It campaign. People went crazy recreating the ad which leads to the question is the recreating of the ad trademark infringement? The top 3 takeaways from today's episode are: 1. Infringement cases are not a one size fits all, they are judged on a case by case basis. Before you use anyone’s mark for anything please consult an attorney for advice on how to proceed. 2. Satire is not a excuse or exception for defamation or slander. You can’t be spreading lies orally or on paper and think that its okay. 3. Using someone else’s mark or something similar to their mark to promote your business is infringement. So if you are anyone you know are using Nike’s campaign to promote your business, you are definitely Off the Mark. Remember, if you found today’s podcast informative or educational do me a favor subscribe, rate, and invite 3 friends to listen to next week’s episode. Found something you
14:12
September 13, 2018
Episode 01: Intro to Off The Mark w/ Attorney LaConya Murray
Hello and welcome to the first episode of Off The Mark w/Attorney LaConya Murray. This first episode is a brief introduction to me, what to expect from the Off The Mark podcast and why you should listen and share with your business besties and tribe. I am a licensed attorney who absolutely LOVES helping my clients protect their business's greatest asset, their intellectual property. I take pride in making sure my clients make informed decisions. I take the time to explain the process, educate and inform which empowers all that work with me (and want to work with me in the future). I found that using real-world examples provides that ah-ha moment business owners need to make complex concepts make sense to them. So that's what I'm doing once a week. Discussing pop culture from a legal point of view. If this sounds like something you can get down with, make sure to subscribe and share with your business bestie and tribe.
02:12
September 13, 2018