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Written by : Linsey Votta
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hi everybody welcome back to sunshine's open candle company back in october i published a video regarding a recent trademark infringement claim that my company had been through and that video has gotten so much response i actually never imagined it was going to get the response that it ended up getting lots of people have viewed it and in turn we have had lots of questions regarding all things trademark related several weeks after that video was published it caught the attention of an intellectual property attorney named farrell allman out of asheville north carolina and he did reach out to me and asked me if i would be interested in doing a q a style video where we could answer some of those questions that were coming in every day on that video as an intellectual property attorney farrell deals with these trademark infringement issues all the time and also he's a former small business owner so he's super interested in helping small businesses succeed and not make these types of errors that can get them into hot water i really did think that this type of video would be very helpful for you guys so i agreed to the q a and what i did was i took a poll from both my youtube and my patreon community and took a look at all the real commonly asked questions from that original trademark infringement video in the process of filming the q a video there was so much information to digest and a lot of topics to cover so we decided to go ahead and make this a two-part series in the process of getting this video together also i was very grateful that farrell offered up his time and his expertise and we will be linking his contact information in the description box below so if you have any specific questions or you need expert advice feel free to go ahead and contact him he is an excellent resource and very helpful and explains things in a way that's easy to understand and easy to digest so welcome to part one of my interview with an intellectual property attorney enjoy the video all right everybody we are here with pharaoh almond and he is an intellectual property attorney hi pharaoh how are you i'm jim how are you i'm doing great um could you please give us a little bit of background about your experience and what you do for a living sure so i am an intellectual property attorney with the van winkle law firm in asheville north carolina located right at the foot of the blue ridge mountains over here in north carolina and i primarily work with copyrights trademarks and patents i represent companies that are large publicly traded companies and also represent small one-woman one-man companies that are just getting off the ground and everything in between there so we do a wide variety of work for a wide variety of companies my firm also does a lot of work for businesses both small and big we do everything from corporate law to litigation to trust in the space work my wife is actually a attorney at my law firm as well so we both work here she's a trust in the state's attorney so she does wills and administering estates but my practice like i said is generally copyrights trademarks and patents and before i joined this firm i actually owned a small business that sold outdoor clothing and lifestyle of clothing and goods and we had an e-commerce store and a small local retail shop here in asheville where i live and about a year or two ago we made candles for the holidays and for some mother's day gift baskets that we were doing so my business partner was primarily the one making candles but you know we spent a lot of time on youtube watching candle making tutorials and reading articles and so naturally we came across a lot of your videos and watched them and learned a lot and we actually have to say we were very successful with candles were a hit for the holidays and they made a good mother's day gift as well so um you know a few i guess a few weeks ago or a month ago i got on youtube and you know because the youtube algorithm knew that i had watched a lot of your videos in the past it you know periodically shows me your videos in my recommended video list and i got on youtube one day and i saw one of your videos and the title said trademark infringement so i you know i paused and kind of double take and i clicked the video and you know read the description and listen to you know your story and as you know as an ip attorney that's your story was the kind of story that i hear often unfortunately and the kind of issues that i deal with on a day-to-day basis and you know myself being a small business owner a former small business owner i know that it's um you know intellectual property can be a very confusing area of law that not a lot of small business owners are familiar with and there's not really a lot of educational resources out there for you know teaching yourself you know running a small business you're doing i always often joke that owning a small business is a full-time job on top of a full-time job you don't really have free time to learn about things like intellectual property so you know i reached out you know to you and you know you know we set this conversation up to hopefully serve as a way for you know you to ask me some questions both on behalf of yourself and other small businesses about you know some very high level intellectual property issues that are relevant for small businesses and you know some kind of strategies and tips that you can adopt in order to to help protect the value of your brand that you're building your own intellectual property but also how to minimize risk with regards to other people's intellectual property so you know that's that's kind of how that's my background that's how you and i got together and i'm glad we're here doing it for sure um it's just so interesting how social media can bring people together in that way where you initially started watching our channel for the channel making purposes and then we got connected through this other issue so it's in a way it's almost like things are meant to happen in certain ways sometimes and social media is kind of a catalyst that brings people together um sometimes so it's super interesting i think how we found each other and um i was wondering our first question is we took a poll from uh the youtube community and also for may patrons regarding what they wanted to know as a follow-up to that initial trademark video that i published um and that was the story regarding what happened to me with my trademark infringement and so the first question that i have for you is if you could please give us a brief overview and a difference between forming a corporate entity such as an llc and a corporation or a corporation sure yeah so we i know we initially talked about just limiting to intellectual property but you know i you told me that you had a lot of questions about this and i it's not surprising because corporate law and you know forming a business entity can be equally as confusing as intellectual property and a lot of small business owners you know really don't know the difference between them because you really have to you know educate yourself on them so you know corpor
Thanks for your comment Kymberly Spigelmyer, have a nice day.
- Linsey Votta, Staff Member
what can be registered as trademark if you're new to our lk channel please subscribe to us and don't forget to click on the bell icon to get the latest updates on new videos there are three types of trademarks to register they are name name is any set of words that create an identity it can be a business or a company name product name and abbreviates business or company name you can register your company or a business name as an intellectual property for example product name any particular product name can be registered as a trademark for example apple's ipod abbreviates any abbreviates used to represent your brand name product name or personal name for example bmw logo or device or symbol any visual representation pictorial depiction of your brand as a trademark a logo containing tagline color mark scent mark or sound mark can be wholly registered as a device trademark tagline any catchphrase slogan or a punchline assigned to your brand can be registered as a trademark for example our tagline your vision our goal nike tagline just do it there are other marks where you can register your trademark such as kalama scent mark and sound mark color mark is a trademark with a combination of colors representing your brand scent mark the brand must visually represent the products sent for it to be registered as trademark sound is any sound or music that can be registered as trademark proven its distinctively are you searching for trademark attorney for your trademark registration we at lk assist you in representing the identification of your brand please do connect with our team at reach rate lk.com or whatsapp as at 986 96235
Thanks sintassi7 your participation is very much appreciated
- Linsey Votta
About the author
I've studied galactic astronomy at McDaniel College in Westminster and I am an expert in anthropology of media. I usually feel accepted. My previous job was animal scientist I held this position for 31 years, I love talking about ceramics and quacking. Huge fan of Kevin Spacey I practice shuffleboard and collect stamps.
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