In this episode of Worth It, Dustin and Danielle have a special guest: Joey Vitale. Joey is an attorney, speaker, and educator for entrepreneurs. He focuses on the legal aspects of creative businesses so the owners can focus on what’s important — their work. On top of working with clients, Joey has also created an expert brand for himself with Indie Law, where he provides a ton of resources for creative entrepreneurs who are looking to either “DIY” their brand protections or work with his expert team.

During their chat, Dustin, Danielle, and Joey dig into what trademarking is, what it’s not, and why it’s so important for creatives and new business owners to really put on their “legal hat” when thinking about their business, their content, and the future.

WHAT YOU’LL LEARN

• 06:20 Why niching down helped Joey’s business
• 08:33 What it means to protect your brand
• 10:04 What you can do to “disaster-proof” your brand
• 12:24 Why that ™ designation doesn’t mean as much as you thought it did
• 14:38 The two hurdles you have to get over to register your trademark
• 16:00 The importance of applying for a trademark before you launch
• 20:45 Why you should consider trademarking “catchphrases” as they come up
• 22:10 How the brand name “Elevator” has been “genericized”
• 23:12 The pros and cons of having an overly descriptive brand name
• 26:55 The current popularity of trademarking phrases
• 29:40 How a trademark attorney can help you understand your exact brand needs
• 32:06 What to consider if you’re a handmade business owner
• 33:14 The dangers of choosing a cheaper, form-based trademark application tool
• 34:10 Why trademarks and copyrights aren’t just a one-and-done thing
• 37:21 What you need to learn if you’re going to do trademarking yourself
• 40:45 What business owners can do to start thinking about trademarks today
• 42:43 The one thing Joey recommends creative entrepreneurs do
• 44:25 Why connecting entrepreneurs to other experts is vital

TRADEMARKING — WHAT IS IT, REALLY?

This episode of Worth It answers a lot of the questions we all have about trademarking:

• • • What is it?
    • Do you need it?
    • Can you sue people for using your catchphrases or brand name?
    • How do you pursue a trademark?
    • What’s the difference between ™ and ©?

 

Joey also sheds a little light on the importance of LLCs and incorporating your business so that you can better protect it against lawsuits, copyright infringements, and more. Of course, there’s no one size fits all for every business or brand, but Joey dives into what a few scenarios could look like. He also shares a few resources that can help listeners either “DIY” their trademarking or enlist the support experts at Indie Law, so don’t miss those.

 

BRAND NAMES AND CATCHPHRASES

Much of the episode is dedicated to talking about how to use business names properly, and Joey walks listeners through a few basics to make sure trademark law is a little clearer. He also talks about things like slogans, catchphrases, and even logos and how that falls under trademark and copyright law. When it comes to our current online landscape, it’s important to know what you can take inspiration from, what’s protected, and what’s illegal.

Joey also explains the popularity of trademarking phrases, especially in the apparel and art world, and how that impacts content creators and business builders. If you’ve ever wondered if you can send a “Cease and Desist” letter to someone turning your tweets into memes, this is for you.

 

WHAT’S NEXT FOR INDIE LAW?

Like most creative entrepreneurs, Joey is about more than just trademark law. He’s also building a community of experts who support entrepreneurs as they scale their businesses. He works with people to create contracts, establish LLCs or corporations, and (you guessed it) file for trademarks. Indie Law also offers a unique Trademark Watch service, which includes quarterly reports and monitoring for anyone who is creating something too similar to your name, branding, products, etc.

Indie Law and Joey also work with creative entrepreneurs to continually consider the trademark side of their slogans, new designs or logos, and products they create. This can all change as your business builds, so you may need to update trademarks, contracts, or legal coverage over time. He’s also launching an online course for entrepreneurs who want to learn what trademarks are, what they protect, and how to do a proper search. Another program is also on the way, called LLC on the Weekend, so you can DIY your LLC if you want!

Follow Joey on Instagram @joeycvitale if you want to see more of his expertise (check out his IGTV videos) and to learn more about his upcoming courses and membership programs to really up your legal game.

This material is for general information only and is not intended to provide specific legal advice or recommendations for any individual.

Joey Vitale is not affiliated with LPL Financial.

Resources & People Mentioned

• • Indie Law
  • Joey’s Instagram @joeycvitale
  • The Spectrum of Distinctiveness
  • The Toujours Planning Quiz — are we a good fit for your financial planning needs?

Connect With Danielle and Dustin

• • Ask Your Questions

• • On Facebook

• • On Twitter

 

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