The Is My Brand Protected? Podcast

By AMD LAW Group: Brand Protection Lawyers

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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.

Episode Date
015: The Top 10 Most Valuable Brands

In this episode, we discuss the Top 10 Most Valuable Brands. Lead-off Quote

A great brand is a story that’s never completely told. A brand is a metaphorical story that connects with something very deep – a fundamental appreciation of mythology. Stories create the emotional context people need to locate themselves in a larger experience.   ~Scott Bedbury

Top 10 Most Valuable Brands as of 2018.

  1. Amazon $150.8 Billion
  2. Apple $146.3 Billion
  3. Google $120.9 Billion
  4. Samsung $92.3 Billion
  5. Facebook $89.7 Billion
  6. AT&T $82.7 Billon
  7. Microsoft $81.2 Billion
  8. Verizon $62.8 Billion
  9. Walmart $61.5 Billion
  10. ICBC $59.2 Billion


Jun 11, 2018
014: The Top 10 Reasons to Protect Your Brand

In this episode, we discuss the Top 10 Reasons to Protect Your Brand. The lead-off quote:

The best lightning rod for your protection is your own spine. — Ralph Waldo Emerson
  1. Prevent brand confusion
  2. Reputation
  3. Recovery of damages
  4. Incontestability after 5 years
  5. Public perception
  6. Easier to prove trademark infringement
  7. Puts others on notice of your brand
  8. Protects smaller brands
  9. Preventing infringing goods from entering the U.S.
  10. Brand investment
Jun 04, 2018
013: Using Photos In A Way to Lessen Copyright Violations
Download this episode In this episode, we discuss how to use photos in a way to lessen copyright violations. The lead-off quote:

The best thing about a picture is that it never changes, even when the people in it do.”

— Andy Warhol

Always ask permission to use a photo. The first step in legally obtaining copyrighted images is to simply ask permission from the owner. It’s very important that you make sure the person you’re asking has the rights to license the image. You’re going to want to explain how you’re going to use it and give them a URL of where it is going to go. If they agree, they may insist on strict guidelines for the use of the image. They may only let you use that one image in that one instance, so it’s important to know what parameters you can use the image in before you give it many purposes. Other things to keep in mind are that the owners might ask you to pay a fee when you request their permission for their material. Finally, but maybe most importantly, you should ask well in advance before you plan on putting the image on your site. Allow yourself time to obtain sufficient permissions. Give proper credit to the creator of the photo. The copyright to the photo image is owned by the photographer, not by the image in the photo. So if the photo is of a celebrity, the photographer owns the copyright not the celebrity in the photo. If you’re granted permission to use someone’s photos, you’ll usually be given instructions on how to credit them. Often, the instructions for use can be found in the terms and conditions of the website displaying the photos. These terms and conditions specify how to acknowledge them in their terms of use, so make sure you read the terms and conditions carefully. If there is no formal instruction, just adding their name and a link from that to their website may not be sufficient. It is best to contact them. Understand the Fair Use Doctrine. Under very specific circumstances, you may be able to use copyrighted material without permission. This can be done if your use of the material falls under the Fair Use doctrine in copyright law. In order to find out if Fair Use applies to you and your plans, consider these four factors: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantial portion used in relation to the copyrighted work as a whole; and The effect of the use upon the potential market for or value of the copyrighted work. Use images with Creative Commons licenses. One very useful and convenient alternative to seeking permission is to look for photography with a Creative Commons license. These are images distributed by photographers that have terms of licensing that users must abide by in order to use them. This means you won’t have to contact the image owner for permission, but it does mean that you’ll have to follow the licensing term that the owner is granting. Purchase Stock Photos. If your site needs an image fast, you can always buy images from low-cost stock photography sites such as iStockphoto. If you’re willing to spend even more money, you can find better quality images from sites like Shutterstock or Getty Images. Basically, the higher quality the photo, the more money it’s going to cost.
May 28, 2018
012: Determining Your Exit Strategy

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:

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


May 25, 2018
011: Celebrity Trademarks

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.

May 24, 2018
010: Drafting a Proper Website Privacy Notice

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?


May 23, 2018
009: Oprah's Lessons in Learning for the Entrepreneur

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:

  1. Your job is not who you are, it is what you do on the way to who you will become.
  2. It is best to be interested than interesting.
  3. Be so good at what you do that you cannot be dismissed.
  4. It is the IT factor that means that you keep going no matter what.
  5. Your legacy is every life you touch.
May 22, 2018
008: The Royal Brand - Brand Licensing

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.

May 21, 2018
007: Eight Thoughts About Developing a Viable Business Idea

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

  1. When you start, do not worry about viability.
  2. Sometimes the best discoveries come by accident.
  3. Look for ideas that require as little capital as possible.
  4. Seek out ideas that will general some quick sales.
  5. Look for products or services that can withstand your growing pains.
  6. Seek to develop a product where there are a quantifiable number of customers.
  7. Avoid products that are merely an extension of a competitor’s product.
  8. Stay away from products that depend on government approval.
May 18, 2018
006: Positioning Your Brand For Protection

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.

May 17, 2018
005: Interview with Tech Entrepreneur, Kimberly Broomer of Bankable Celebrations
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!  
May 16, 2018
004: Trademark: How To Put The World On Notice

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.

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

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.

May 15, 2018
002: What Are The Four Types of Innovation?

In this episode, we discuss the four types of innovation: 1. Sustaining Innovation 2. Breakthrough Innovation 3. Basic Research 4. Disruptive Innovation Also, learn about the story of the "Other Moe". Our lead-off quote: You can't allow tradition to get in the way of innovation. There's a need to respect the past, but it's a mistake to revere your past. ~Bob Iger, Disney CEO Central theme: Keep research at the center of your innovation. Knowing the type of innovation you are working with goes a long way in making sure that you have the resources that you need to be successful.

Download this episode 

May 11, 2018
001: Getting from Idea to Innovation

This is a quick episode about taking your ideas to innovation. Innovation is invention plus commercialization. To be on the road to a great innovation requires the following:

1. A breakthrough
2. Strong desire and drive
3. A great idea

We discuss the conventional notion of the PUSH of technology in opposition to the PULL of the market. Also, the importance of testing your idea to know when it works. The big takeaway is to FOCUS. (Hint to Focus: The Karate Kid). Listen to the episode to learn more.

Be sure to subscribe!

May 08, 2018
000: Welcome to the Is My Brand Protected? Podcast

Hey everyone, we are excited to introduce you to the Is My Brand Protected? Podcast.  I am your host, Aurelia Mitchell Durant.  Thank you for joining me for this the very first episode.  New episodes will be released every Monday morning to give you information to ponder throughout the week.  

Our episodes are bite-sized information about brand protection, intellectual property, international business, tech business and cyber-security matters for entrepreneurs and small to mid-sized businesses that are in hyper-growth mode. We believe that growth needs to be protected, hence our mantra is to safeguard your dreams by protecting your brand. You supply the dreams and we will provide the protection. Protection information.

Sounds pretty cool? Well, we think so too! 

Our episodes are limited to 15 minutes and include quotes, poetry and sometimes a song or two all in an effort to educate and inform.  We will occasionally welcome the presence of business owners who will share their journey. Our hosts will change from time to time as well to keep it interesting, fresh and cool.  

One last thing, our episodes are typically sponsored by some really cool folks, so as a thank you for all the coolness we will bring we ask that you subscribe and comment.  



May 08, 2018