Artwork for podcast On Air with Temi
How to Avoid Getting Sued in 2024
28th December 2023 • On Air with Temi • Temi O. Siyanbade, Esq.
00:00:00 00:10:33

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AI is not going anywhere, so we have to discuss how to use it in business safely. In part two of our December 2024 series of the Leader's Lawyer, we are all about navigating the law and artificial intelligence.

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Hello, Hello, Hello again. It's Temi

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here, Houston based attorney and host of

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Ask Temi Live, where we discuss the best

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ways to establish your business, protect

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your name, and keep your profits. This is

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our very important video #2 in our

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series all about how to make sure 2024

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is a year where you are legally protected

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and enjoy Peace of Mind, right.

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So essentially, I'm trying to help you

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guys avoid getting sued, getting in

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trouble, and help you think about how you

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can scale. Today's video, right, is all

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about how to not get sued. Video #1 The

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first video was all about making sure we

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don't get in trouble with the government,

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but now how can we avoid getting

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sued for messing up with people's things?

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Where I wanted to start this conversation

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with really is how to

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protect your brand, how to make sure

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you're not getting sued in the age of

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AIAI is the big thing and

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there are huge legal implications for

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this. Now really this is a 2 sided thing

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because it's not just about not getting

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sued, it's also about being vigilant with

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regards to what people are doing around

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you. AI has changed things.

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And so you really want to be clear about

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certain things. So in the first video, we

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were talking all about transparency.

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Well, in this video it's all about

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clarity. And it's really clarity with

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regards to ownership and clarity again

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with how you do things in the age of

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AI, in the age of artificial intelligence

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where we have ChatGPT and we have people

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having the ability to take somebody's

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voice and ability to take somebody's

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features and do all these things. You

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need to really be in control of what's

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happening in your business, right?

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So with regards to you not getting sued,

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right, you want to be really careful with

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how you implement AI in your business.

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AI is an amazing tool. Listen, I'm not

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going to be here saying don't use chat

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TPT and don't do this and don't do that,

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but be wise with how you use it. Here are

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some examples of what I mean by using

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wisdom With this and being really clear,

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sometimes people are hiring folks who are

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helping them to do this or you're

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outsourcing. You're like, hey, I can help

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me save time. Well, I want you to

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understand that. I want you to understand

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the limitations of AI. I want you to

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understand that if AI is using something,

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you typically can't claim any type of

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ownership over it. What does that mean

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for you? That means that if you're using

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ChatGPT to create something that you're

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writing, you're not going to be able to

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do anything like get copyrights over that

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because you don't own it. And then the

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more I don't want to say

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scary place, but in another area to think

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about this is when you're using AI

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to modify. Or use

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something that someone else has created.

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You're really stepping into dangerous

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territory. And that's where I'm going to,

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you know, say, hey, you need to

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potentially pause the break on whatever

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it is that you're doing and and it's not

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even potentially, it's like actually

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stop, Don't use AI to

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modify something that someone else

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created and then put it out there in the

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world. Because when you're doing that,

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you're really most likely infringing

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on someone else's. Copyright.

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Right now, there's a lot of stuff in AI

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and technology. It's developing faster

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than the law can really keep up. But

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there are some fundamentals in the law

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that are going to, in my opinion, and

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what I've been seeing from the few cases

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that have already been tried are going to

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really go through whatever happens. And

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essentially it's this idea of what people

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have their rights to protect. People have

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their rights to protect what they create.

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If you have taken an idea and you've made

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it something tangible, you have rights

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invested in that right? And if you're

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using technology to create something, or

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you're using technology to to divert

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someone else's path and get into their

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stuff, you're no longer. Honoring that

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protection. That belongs to the person

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who has created something. So you want to

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make sure that you avoid that at all

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costs. One of the things people might be

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asking then is if I'm using AI because

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I'm saying hey, go ahead and use it, how

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do I use it safely? Well, the first thing

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I want to say is that if you have team

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members, I want you to be clear in

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dictating what they can and cannot

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use AI for. Like develop some policies

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that say if you are doing branding for

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me, if you are doing this, this is the

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parameter for which you can use AI. If

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this is something that we're going to

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publish, I don't want AI being used, or I

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need to review it or something like that,

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or you need to ask me permission. What is

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going to be your policy for the use of AI

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in your business, right? And that policy

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that you determine should really keep in

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mind that if AI is being used to alter

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something that someone else has created

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or something that belongs to someone

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else, like their likelihood, you know how

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the person looks, right? If you have

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pictures that you have created or

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pictures that you see online, and you,

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you have the bright idea of like changing

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that look so it looks like something else

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and you put it in there. You want to stop

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that? That's not a good look. If you do

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want to use something that belongs to

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someone else, there aren't new

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technologies that are allowing you to

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like take somebody's like this or take

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their voicing. And there's nothing wrong

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with that if. You have their permission.

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So what I'm seeing kind of being the

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developing trend, what I think is going

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to happen more and more often is people

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licensing the use of their person

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or licensing the use of what they've

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created to be used by AI.

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Even with ChatGPT, I've been hearing some

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things and seeing some things in the

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water where they are starting to partner

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with the people who are creating content

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to say we want to invest in making sure

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we protect you as well. What I see that

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looking like is is actually sourcing

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information from content creators that

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ChatGPT and tools like it will say, hey,

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we want you to use this information, put

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it in here so we can help people. But

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we're going to figure out ways to make

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sure you're always getting the

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attribution, that the rights and the

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recognition always comes back to you. So

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those are some of the big implications

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with regards to AI and how to

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avoid getting sued. And really think

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about how you can keep a good lookout as

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to what's going on with your technology.

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Another area where you're going to want

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to pay attention to really think about

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how you can be clear and what it looks

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like in terms of protection is, again,

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with your trademarks. So this is a oldie

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but a goodie, and there are a few things

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that I want you to keep in mind. If you

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are a DIY or and you in the past have

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gone to the United States Patent and

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Trademark Office, you've gone on their

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website to do your own search, it might

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be getting a little bit more difficult. I

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hate to tell you this, but they're making

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some changes and from the attorney's

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perspective, it's not something that's

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going to become easier. The interface

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looks nicer. I'm big on interface and you

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know how it looks on the screen. It's

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clear it doesn't look so old fashioned,

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but the update isn't necessarily helping

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you really find places where you might

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be accidentally. Taking somebody's name

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or taking something that has been

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trademarked, it's harder to do that. So

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what I'm seeing happening is really

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partnering with people who have the

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resources to access the AI. So AI is

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still being used in these spaces, but to

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help you with technology to get that

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information. So you're going to want to

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see that if you are still trying to do

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the DIY stuff that you're looking at the

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resources online to kind of help you

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navigate this new website and navigate

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how they've they've organized it so that

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you're not setting yourself up for

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failure. But it's also making sure that

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when you're working with folks who are

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professionals in the space, like an

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attorney like myself, right, that you're

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asking them what they can do in order to

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help you really be well-rounded in terms

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of that protection. And that goes even

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further. So not just looking at the

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United States Patent and Trademark

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Office, but really thinking about how do

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I navigate this space where people are

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popping up with businesses left, right

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and center? How do I keep up with it and

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keep an eye on my brand? See, nobody

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talks about how important it is to police

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your brand, right. And people sometimes

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get on the big guys when they say, Oh my

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gosh, I can't believe you sent a cease

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and desist letter to this person. Oh my

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goodness, that's so mean. You're not

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trying to help the little guy. Listen.

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Listen, you've invested in your brand

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that needs to be protected and if you

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want the government to help you protect

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and police it, you have to do some of

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that too. But there are resources that

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I'm going to also be making more

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available to my clients. You'll hear

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about that again in the next video. But

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there are going to be some great

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resources that we're going to put in

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place and that you can also put in place.

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With regards to just saying, hey, I want

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to make sure that I am keeping an eye as

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to where my, my business is being

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mentioned. Are there other applications

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that are being brought through the

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Trademark Office that I need to be aware

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of to kind of say, hey, this is really

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close to what I have and I'm going to

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speak up and say I don't want this to

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come through. Because there are

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opportunities to do that. So those are

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the big things that I want you to keep in

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mind with regards to avoiding getting

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sued and also thinking about brand

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protection as a whole. What I want you to

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take away from this is I want you to

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think about ways you can probably

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smartly outsource and

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leverage technology to avoid

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getting into trouble right and to do

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things with speed. Technology is going to

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help you protect your brand with speed if

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you allow it to. Right. And if you're

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smart with it, you can, you can make sure

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you're protecting yourself, right? But

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you're also leveraging it to to move

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quickly. So those are the big things that

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I want you to keep in mind. Again, your

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trademarks, making sure that you are

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clear and developing policies with your

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business, with the people you're working

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with and even for yourself as to how you

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will implement AI. Being very careful to

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say that I'm not going to use AI for

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anything that I want to have a right to

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protect. Because if I'm using AI for

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something I want to have the right to

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protect, I'm probably diluting. Right,

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weakening my right to that, if I'll have

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any right at all. OK,

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so that was a lot, but I'm trying to make

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sure I'm telling you this in bits and

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pieces. I'm going to give you a whole

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week to like think about this and listen,

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if you watch this video, you watched the

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video last week and you have questions,

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shoot them over to me. Let me know so I

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can make sure that we're on top of those

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questions for you and providing as much

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clarity as possible. Listen

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, 2024 is our year of scaling, our year

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of success and making sure that you have

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legal protection and peace of Mind. Until

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next time, have a great day. Bye.

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