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Products of the Mind: A Conversation About the Intersection of Business + Creativity

Business law strategist David Lizerbram hosts Products of the Mind, a podcast about the intersection of business and creativity. This show includes tips and lessons about business law strategy, how to protect your brands and business assets, and conversations with thought leaders in startups, entrepreneurship, media, marketing, the creative arts, and beyond. Whether you’re a serial entrepreneur or small business owner, a creative professional, or an innovator in any field, the Products of the Mind podcast is here to provide you with tools, guidance, and inspiration.
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Now displaying: 2015
Dec 28, 2015

Products of the Mind Episode 12: Jeromy Cox, Comic Book Professional, Talks Colors & Comedy

Welcome to Episode 12 of Products of the Mind. On this episode, I speak with comic book artist and stand-up comedian Jeromy Cox.

Jeromy Cox

“I love artists; but if you don’t realize how crazy artists are and you’re an artist, you’re missing something.”

Today we chat with Jeromy Cox: a comic book artist, comedian, and occasional TV and film actor. We discuss the history of comic book coloring and the transition from traditional book coloring to modern digital coloring. We also gain insight on companies like Image Comics, Wildstorm, and Marvel.

From using dry erase markers on computer screens to developing the current hand-drawn computer animation technology, Jeromy walks us through the difficulties of coloring comics “back in the day.” We, also hear about how he used his artistic talents for video games and theme rides, “hanging out with Ted Turner,” and being nominated for an Eisner Award.

Other Topics: Attack of the Killer Tomatoes; Zombie Love; managing artists; Leave it to Chance; Mage; doing stand-up comedy; being a pirate in a Russell Crowe movie; and acting on America’s Most Wanted.

Twitter: @JeromyCox

Jeromy’s Amazon Page: http://www.amazon.com/Jeromy-Cox/e/B00JFEV8M6/ref=ntt_dp_epwbk_0

Jeromy’s site: http://www.mostfunnest.com/

Zombie Love

Other Things Discussed in this Episode:

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

Here are instructions on how to subscribe, rate, and review the show in iTunes.

The Credits

Products of the Mind is produced by Mana Monzavi.

The theme music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Dec 21, 2015

Products of the Mind Episode 11: Phil Davis, Professional Namer of Things

Welcome to Episode 11 of Products of the Mind. On this episode, I speak with Phil Davis of Tungsten Branding.

Phil Davis, Professional Namer of Things

What do businesses like P.O.D.S., Big Earth Landscape Supply, and Starmark Pet Products have in common? They all needed help naming their brand, and Phil Davis of Tungsten Branding helped them name their vision.

Ever wonder how to create a commonly understood name for your brand that can still be owned? Have you had problems with restrictive domains? Do you know how the size and scope of your company can impact brand naming and recognition? Can’t decide between The Pope and Lady Gaga as your spokesperson? Listen in as Phil explores the common issues that entrepreneurs and large businesses alike deal with when it comes to naming their brand or rebranding their name.

Also: what’s unique about Tom’s Shoes, how to not get stuck in the left-brain world, and how kickboxing and exercise can purge your brain of that pesky creative carbon buildup.

Learn more about Phil Davis and Tungsten Branding here: http://tungstenbranding.com/

Some things mentioned in this episode:

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

Here are instructions on how to subscribe, rate, and review the show in iTunes.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

Products of the Mind is produced by Mana Monzavi.

This episode and these show notes © 2015 David Lizerbram

Dec 16, 2015

Products of the Mind Episode 10: Star Wars Trademarks

Welcome to Episode 10 of Products of the Mind. On this episode, I get into some of the highlights and lowlights from the ever-expanding galaxy of Star Wars trademarks.

I remember eagerly waiting in line with my parents to see Star Wars Episode V: The Empire Strikes Back. It was May 1980, and I was a few months shy of 4 years old. Little did I know that 35 years ago, the world would be eagerly awaiting yet another Star Wars epic.

The Star Wars movie saga began on May 25, 1977, and the Star Wars trademark saga began shortly thereafter. Let's hop on our landspeeders and take a tour of some Star Wars trademark highlights (and lowlights.)

A Long Time Ago...

The first trademark application including the words "STAR WARS" was filed with the United States Patent and Trademark Office on July 27, 1977. The application listed two types of goods: comic magazines and toy action figures. The first Star Wars comic book came out in July 1977, so that was no problem. However, the action figures themselves weren't actually available at that point. In fact, despite the demand, the figures ended up not being ready by Christmas of that year, so, instead, kids were given an empty cardboard box that acted as a gift certificate. The toys were supposed to be delivered by June 1978. This is all very hard to imagine in today's instant on-demand world.

By the way, that empty box is now very valuable. As of this writing, one of them is for sale on eBay for $7,995.

Interestingly, the first record of a Star Wars-related trademark filing was an application by Lucasfilm to register THE FORCE for t-shirts. That one was filed on July 14, 1977.

Shortly after those initial applications, the STAR WARS trademarks started rolling in...posters (had that), t-shirts (that too, of course), action playsets (ditto), and chewing gum (I think I missed out on the gum)...watches, paint sets, lunch boxes, socks and pajamas (trust me, I was looking pretty cool), board games and puzzles...

And, of course, "Entertainment Services-Namely, the Production and Distribution of Motion Pictures."

The Galaxy Expands

Of course Lucasfilm and its associated companies sought trademark protection for all the most well-known characters: Luke Skywalker, Han Solo, Princess Leia, Yoda, and so on. But over time, they cast a wider net. Eventually they obtained trademark registrations (many of which have expired) for obscure characters such as Prune Face, Tooth Face, and Sy Snootles & the Bebo Band (the band playing at Jabba's palace in Return of the Jedi, of course).

They registered not just Wicket the Ewok (that registration was for shampoo; after all, who wouldn't want a glossy coat of Ewok fur?), and the same character under his full name, Wicket W. Warrick, but also Willy the Ewok. Yes, even the characters from the not very good 1985 TV movie Ewoks: The Battle for Endor made the cut.

And speaking of not very good, I'll just leave this screen shot from the USPTO here for you to enjoy:

Star Wars Snacks

Sadly, there's no trademark registration on file for Rootleaf Stew, which is what Yoda was cooking when he first met Luke in The Empire Strikes Back. An actual recipe for the stew was created by Chef Craig Claiborne for a 1983 NPR radio drama. It looks pretty good. And also, why isn't NPR doing any cool sci-fi radio dramas nowadays? Enough with actual news coverage and public affairs programming; I want my tax dollars going towards more Star Wars stuff.

Lucasfilm used to have a registration for A NEW FORCE AT BREAKFAST, the tagline for the 1980's C-3PO'S breakfast cereal.

Not much of a breakfast eater? That's OK, maybe you'll enjoy some wine from SKYWALKER VINEYARDS.

Non-Traditional Trademarks

Lucasfilm has protected not just the names, but also the shapes of some of its iconic characters, including R2-D2 and C-3PO.

They've also protected some of the distinctive sounds associated with Star Wars, such as the sound of a lightsaber being activated, which is described as "a crescendo beginning with a snapping sound followed by a hiss sound" (click here to listen) and Darth Vader's labored breathing, described as "the sound of rhythmic mechanical human breathing created by breathing through a scuba tank regulator" (click here to listen.)

The Saga Continues

Earlier this year, Lucasfilm began filing trademark applications for STAR WARS THE FORCE AWAKENS. But of course, that won't be the end of the Star Wars saga, not by a long shot.

STAR WARS ROGUE ONE (which takes place between Episodes III and IV) will be released in December 2016, followed by Episode VII, Episode VIII, and more to come. You can be sure that Lucasfilm will continue to keep things busy at both the box office and the trademark office. And I'll keep you posted when any Star Wars trademark news appears on my radar.

Until then, fly casual, and MAY THE 4th BE WITH YOU.

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

Here are instructions on how to subscribe, rate, and review the show in iTunes.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud

This episode and these show notes © 2015 David Lizerbram

Dec 14, 2015

Products of the Mind Episode 9: Alissa Haight Carlton, Ruling the $3.9 Billion Quilt World and Casting Project Runway To Boot

Welcome to Episode 9 of Products of the Mind. On this episode, I speak with Alissa Haight Carlton of the Modern Quilt Guild.

Alissa Haight Carlton

Did you know quilting is the largest hobby industry at $3.9 billion a year? I didn’t either. Alissa Haight Carlton informs tells us about the massive industry, its history, and the difference between modern and traditional quilting.

Get Alissa’s take on living the L.A. life, and how she went from working in reality T.V. to being wrapped up in her passion: Quilting. Hear about how she utilized blogs to transform the quilt industry, elevate the status of modern quilting, and establish the Modern Quilt Guild. And just in case you were dying to know how shows like Project Runway get cast, Alissa fills us in on that process as well.

Learn more about Alissa, her work, and Modern Quilting here: http://www.alissahaightcarlton.com/

Alissa on Instagram: https://www.instagram.com/alissahaightcarlton/

More on Modern Quilting and patterns in Alissa’s book Modern Minimal: 20 Bold & Graphic Quilts here: http://www.amazon.com/Modern-Minimal-Bold-Graphic-Quilts/dp/1607054868

Looking for a Quilt Guild? Check it out: http://www.themodernquiltguild.com

Interested in QuiltCon? More info here: http://www.themodernquiltguild.com/events/quiltcon-2015

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

Here are instructions on how to subscribe, rate, and review the show in iTunes.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Dec 10, 2015

Products of the Mind Bonus Episode 3: Michael Skubic, Founder of Old Harbor Distilling

Welcome to Bonus Episode #3 of Products of the Mind. On this episode, I speak with Michael Skubic of Old Harbor Distilling.

Michael Skubic

From Bio-Chem to business admin, Michael tells us about his start at Hess Brewing after college and eventually founding Old Harbor Distilling.

Want to know how to distinguish real craft spirits from the fake stuff? Michael gets into this and illuminates us on how to be creative in a highly regulated industry.

Old Harbor’s website: http://oldharbordistilling.com/

Twitter: @Old_Harbor

Instagram: https://www.instagram.com/oldharbordistilling/

Click here to find out more about Old Harbor’s Indiegogo campaign:

https://www.indiegogo.com/projects/old-harbor-bar-barrels-campaign#/

Other things mentioned in this episode:

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

Here are instructions on how to subscribe, rate, and review the show in iTunes.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Dec 7, 2015

Products of the Mind Episode 8: Exploring the Puzzles of Fine Art and Jiu-Jitsu with Joshua Krause

Welcome to Episode 8 of Products of the Mind. On this episode, I speak with Joshua Krause.

The full show notes for this episode can be found at productsofthemind.net/joshua

Joshua Krause

What is art? Can art be anything? Are “creative professionals” artists? When is the best time to be creative? Joshua gives us his answer to these questions and much more.

We also talk about what’s happening to the art world; Joshua Tree; Death Metal; and that “fighting, struggling, joint-breaking, soul-testing, spirit-breaking, humbling, “mother-effer of a puzzle” known as jiu-jitsu.

How is jiu-jitsu a puzzle? What role does the ego play in jiu-jitsu and art? What happens during ego death? Listen in for Joshua’s take on these questions and more.

A few of the many things Joshua talked about in this episode include:

Check out Joshua’s website: krauseart.com

And on Instagram @joshuakrause

Joshua’s preferred charity, the International Rescue Committee: http://www.rescue.org/

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

Here are instructions on how to subscribe, rate, and review the show in iTunes.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Nov 30, 2015

Products of the Mind Episode 7: Howard Blackson, Urban Designer, Placemaker, and Raconteur

Welcome to Episode 7 of Products of the Mind. In this episode, I interview urban designer Howard Blackson. How does he create physical environments, and what are we not seeing when we look around our cities?

Howard Blackson

Howard Blackson is an urban designer; but since nobody seems to know what that is, he’s happy to educate us.

In this episode we get some interesting history on urban design, including the fascinating connection between the Weimar Republic (the predecessor to Germany’s Nazi regime) and Harvard’s Design School. We’ll discuss the human habitat, also known as the “built environment,” and Howard will give us insights on issues such as:

  • How do you start the design of a new city?
  • Where do you put the center of a town?
  • Is suburbia sustainable?
  • Can we replicate the 1950’s?

The discussion leads us to other quite interesting topics such as: utopianism; Frederick Law Olmsted’s plan for New York’s Central Park; design and economics (such as mixed-use buildings versus Walmart); and how homelessness, gentrification, and the housing crisis all relate to design.

Do you know what you’re looking at when you drive around your city? What are you looking at without actually seeing? How do cultural cues and values impact design? How can you be involved with creating a better built environment? This and so much more with Howard Blackson.

Learn more about Howard Blackson and his work here: http://howardblackson.com/

Stay up to date with Howard on Twitter: @hblackson

Check out the non-profit San Diego news organization Voice of San Diego, which is mentioned in this episode, here: http://www.voiceofsandiego.org/

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

Here are instructions on how to subscribe, rate, and review the show in iTunes.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

The illustration accompanying these show notes is by Whit Harris.

This episode and these show notes © 2015 David Lizerbram

Nov 23, 2015

Products of the Mind Episode 6: Dayna Rothman of Everstring on Predictive Marketing, the Bay Area Tech World, and Uber for Juggalos

Welcome to Episode 6 of Products of the Mind. On this episode, I speak with Dayna Rothman, Director of Content Marketing & Inbound at Everstring.

About Dayna Rothman

What the heck is predictive marketing?

Who are your best customers? What is predictive scoring? Do you know the sizes of the companies you lost as customers? Do you know who’s looking at your competitor’s website?

In this episode Dayna expands our knowledge with things we didn’t even know were possible. She takes the seemingly endless amount of raw data applicable to your business and does a bunch of fancy tech savvy stuff to make it easily digestible for marketers, business owners, and sales teams alike.

Dayna also talks about the innovative culture of the tech industry; whether or not a bubble might burst; sustainable business models; East Coast versus West Coast dress codes; and of course Uber for Juggalos.

Interested in Dayna’s advice on lead generation? Check out her latest book Lead Generation for Dummies here: http://www.amazon.com/Lead-Generation-Dummies-Dayna-Rothman/dp/111881617X

Learn more about Everstring Predictive Marketing here: http://www.everstring.com/

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

Here are instructions on how to subscribe, rate, and review the show in iTunes.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Nov 16, 2015

Welcome to Episode 5 of Products of the Mind. In this episode, I answer another common intellectual property question: What Is a Copyright?

Copyright law protects original works of authorship. What does that actually mean? I get into the details in this episode.

Like trademarks, which I discussed in Episode 2 (What Is a Trademark?), copyrights are a type of Intellectual Property (which is often shortened to “IP.”) That’s a term for a class of intangible things that an individual or a business can own.

I always encourage people to think of copyrights (and IP in general) not as problems to be solved, or business expenses, but as a set of tools granted by the law that can help you own and protect what you create: the products of your mind, if you will. Understanding the basics about copyright and IP will be invaluable for the growth of your business or the success of your creative projects.

This Episode Includes

  • A brief definition of copyright.
  • Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
  • How copyrights are acquired.
  • What rights go along with a copyright.
  • Copyright registration.
  • The proper form of copyright notice – such as © 2015 David Lizerbram

In future episodes, I’ll discuss trade secrets and other IP related topics.

If there was anything in this episode that wasn’t perfectly clear, or something you’d like me to expand on, please let me know.

Free Giveaway

Click here for your free Intellectual Property for Entrepreneurs Checklist!

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Nov 12, 2015

In this Bonus Episode, I provide a brief intro to copyrights and explain how an understanding of copyright can be helpful for business or creative projects.

Sooner or later, every business is going to need legal representation. A lawyer can either be an expensive line item or a huge asset for your business. As an entrepreneur, it’s up to you to make that choice.

If you haven’t hired a business attorney before, the process can be intimidating. I’ve seen the process many times, having been hired by hundreds of clients to represent them over the course of my career. When the client (that’s you) is informed and knows what they’re looking for, there’s a much greater likelihood of having a positive result for both sides – the lawyer and the client.

Ultimately, we both want the same thing: a mutually-beneficial long-term business relationship.

To help you achieve that result, I’ve put together this list: 7 Keys to Choosing the Right Lawyer for Your Business

Click here to get these 7 Keys in a handy downloadable 1 page PDF.

 

1. Figure out when you need to hire a lawyer.

This is going to vary for every client. Generally speaking, the sooner you establish this crucial relationship and start getting good advice, the better off your business is going to be.

However, good legal advice isn’t free. (On the other hand, bad legal advice is easy to find.)

If you’re just starting out, I’d suggest you start contacting business lawyers and asking them what their rates are for basic services like an initial consultation or a business formation. You can put those numbers into the budget as you get the funds together to start your business – whether it’s a solo, bootstrapped operation, or one where you’re seeking investment capital.

Finally, be sure to hire a lawyer before you do something that’s going to get you into trouble. For example, if you’re forming a partnership, entering into a lease, taking money from investors, or putting a product out there that might create some liability, hiring a lawyer to protect your rights should be a high priority.

2. Focus on the type of lawyer you need.

Most business attorneys can handle typical formation needs. This might include creating a corporation or LLC, putting together a partnership agreement, or drafting common business contracts.

  • Tip: With all of these, be sure to ask if the documents are being customized to your specific needs. It’s OK if the lawyer is starting from a template; sometimes there’s no need to re-invent the wheel. But your lawyer should be doing more than just pressing Print and handing you a document to sign.

If you just need a trademark, or you only have a question about tax law, then you can focus on an attorney who specializes in those areas. If you’re looking for general, long-term legal counsel for your business, find a business attorney, and he or she can put you in touch with specialists from time to time as needed – whether they’re in the same firm or outside counsel.

Think of your business lawyer like your general practice doctor: you go to her for checkups and your regular medical needs; if and when you need a specialist, she’ll let you know and make a referral.

3. Find a lawyer who understands – or is willing to learn about – your market or niche.

This is a follow up to Key Number 2. Yes, you need a general business attorney. But if that attorney has no clue about your industry or how your business operates, there are bound to be communication challenges.

This doesn’t mean that if your company makes green left-handed back scratchers, you need an attorney who only works in the green left-handed back scratcher industry. It does mean that your legal counsel should have a willingness to learn and understand what your company does every day and who your main customers and strategic partners are. These points should be factored into your legal strategy.

Of course, in the event you work in an industry that’s specialized and highly regulated, you’re probably going to benefit from the advice of someone who understands those regulations. If you’re opening a nuclear power plant, an attorney who is familiar with the complex web of regulations involved in that type of project is going to be the right fit for you.

For most businesses, however, a basic willingness to learn is enough to meet your needs.

4. Pick a law firm of the right size.

There are pros and cons to working with big firms, small firms, and solo practitioners. If your business grows to be the next Facebook, Amazon, or Tesla, you’ll probably be engaging the services of large law firms from time to time – of course, by that point, you’ll also have your own in-house legal department.

Sometimes – and this is by no means always the case – startups and small businesses find themselves to be a low priority for larger law firms. If the law firm is really making its money representing Fortune 500 companies, large government entities, and the like, it can be challenging for the firm to be responsive to the needs of every individual client.

Another potential issue with working with a larger firm is the question of who you’re actually going to be working with. Are they going to assign your work to a new associate attorney fresh out of law school? Is that associate going to be with the firm for the long-term, or will he be looking for a new job just when you get used to working with him? Will your file get passed from one office to the next?

However, there can be advantages to working with larger firms if your business requires the resources the firm can bring to bear. Very complex lawsuits, for example, may be better suited for a larger firm than a solo attorney or small firm. Sometimes, clients prefer a blended strategy – working with a solo attorney or small firm on a regular, ongoing basis, and using a big firm (typically at a higher cost) for specific, occasional projects. If your law firm is not willing to collaborate with outside attorneys, that may be a red flag.

Tip: No matter what size the law firm, be sure to understand up front who you’ll be working with. How do you get in touch with her? What’s her availability should an urgent issue arise?

Most firms with multiple attorneys have different hourly rates for each attorney, so that’s an important consideration as well. If a young associate with a low hourly rate will be handling your matter, will the file also be reviewed by a more senior partner? If so, are you going to be paying the partner’s much higher rate for that time?

Working with small firms or sole practitioners can have its advantages. Typically, you’re going to receive more individual attention. And many solo practitioners establish relationships with other attorneys to act as an informal version of a traditional law firm – meaning, your needs will still be covered if that lawyer goes out of town, or if you come up with an issue that’s outside of his or her areas of specialization.

So, if you decide to go with a smaller firm, make sure it’s one that has access to resources that you’ll need as your business grows. Which leads me to…

5. Choose a lawyer who brings other resources to the table.

Let’s be honest: good legal services aren’t cheap. Here are some questions you can ask to help get the most bang for your buck:

  • Does this law firm host regular events for their clients to meet and network?
    • Tip: These may take the form of live events, webinars, or other virtual resources.
  • Do they have a network of other attorneys and professionals that they can refer you to when you have specialized needs?
  • Are they members of trade associations or other groups that you can benefit from?
  • Are they willing to make introductions to other clients, potential customers, and strategic partners?

Don’t be afraid to ask these types of questions and dig for detailed answers. But approach this line of inquiry with a bit of skepticism: beware the attorney who over-promises. Use your best judgment.

6. Location: you may not need a lawyer in your city or state

This one can vary depending on your specific needs. Of course, it’s great to be able to meet face-to-face on a regular basis. But I find that even with my local clients, the vast majority of our contacts are through phone and email rather than in person.

If you live in a small town or a place without a lot of lawyers (how depressing!), you may not have easy access to a local attorney who has the skills and experience that you need. And often, that’s not really a problem.

Now, if your attorney has to go to court, he or she may have to live near you, or at least in your state. But for many business law needs, an attorney who lives in another state may be able to serve you just as well. This means that you can cast a wide net and seek out the best legal counsel for you.

So feel free to look for legal counsel outside of your geographic area, but be sure to let them know where you are and confirm that they’ll be able to handle the transactions you require.

  • Tip: If your business has customers, vendors, or partners in another country, be sure to ask if the firm has relationships with attorneys in that country.

7. Make sure you’re comfortable with their fee structure.

Your potential lawyer should not be afraid or nervous to discuss fees with you. And you shouldn’t be hesitant about bringing it up. Whether you’re a solo entrepreneur or seeking legal advice for a big company, you still need to be able to plan for your legal costs.

Traditionally, most business lawyers would work on an hourly basis. This means that each attorney has an hourly rate, and the attorney bills in increments of that rate (for example, 1/10 of an hour, with a minimum of 2/10 of any hour for any particular task.)

Some lawyers have moved away from hourly billing entirely and only bill a fixed amount for each service.

The most common approach is a hybrid of hourly and fixed fee billing, depending on the project. For example, if your business needs help with a complex contract negotiation, it can be very difficult for the attorney to estimate the amount of time involved, so billing based on the clock might make the most sense. But if they’re doing the type of filing that they’ve done many times before, and they know pretty much what it’s going to take, both sides might be better off with a fixed fee for that project.

The most important part of this conversation is to be sure that the arrangement works for you, the client. If you prefer one or the other – hourly, fixed fee, or some other type of arrangement – be sure to communicate that to the attorney. As long as you’re upfront about your expectations, he or she should be able to work with you; if not, this probably just isn’t a good match.

And that’s OK: as I said at the top, not every attorney-client pairing is a good match. Hopefully, applying these 7 Keys will speed up the process of finding the right match for you and your business.

Bonus Tip: This is not a “Till Death Do Us Part” decision.

Ideally, you’ll establish a relationship with a lawyer that will last for the life of your career. Maybe you’ll even become good friends. But just like with any other type of business relationship, there’s no way to know that on Day 1.

It’s possible the day will come when you have to tell your lawyer “It’s not you, it’s me.” Or whatever your preferred breakup line might be.

Nobody wants to hear this from a client. Believe it or not, lawyers are people too. We have feelings like anyone else. But, for the most part, we’re also professionals, and we know that not all client relationships are going to last forever.

If you get the feeling that you and your lawyer aren’t on the same page, the best thing you can do is pick up the phone and express your concerns. I suggest you avoid doing this over email – despite all the advantages of technology, when things get sticky, it’s best to talk it out whenever possible to avoid escalating the situation. If you can get together in person, even better.

If that doesn’t work, and the situation just can’t be reconciled, your lawyer is, in most circumstances, obligated to return your files to you or forward them to your new attorney. If you have funds remaining in the firm’s client trust account (also referred to as a “retainer account” or “IOLTA account,”) those must be returned to you as well.

I hope these keys were helpful. Please feel free to leave a comment or send me a message about how you’ve been able to put this into practice and find the right legal counsel for you.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Nov 9, 2015

Welcome to Episode 4 of Products of the Mind. On this episode, I speak with fine artist Melissa Walter.

From Art School to NASA

It was fascinating learning about Melissa’s journey as an artsy kid to illustrating rave posters in art school to a 15 year career working for NASA. I hope you enjoy listening to the interview as much as I enjoyed doing it.

To see images of Melissa's work with NASA and her fine art, go to the show notes page for this episode: productsofthemind.net/melissa

Want to learn more about NASA’s Chandra Observatory? Go to http://chandra.si.edu/.

And if you’d like to see more of Melissa Walter’s art and learn more about her, go to https://instagram.com/_melissa.walter_/.

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

Free Checklist

Click here to download your free Intellectual Property for Entrepreneurs Checklist—a one-page guide to the high-level information you need to keep in mind in order to protect your trademarks, copyrights, patentable inventions, and trade secrets.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

The illustration accompanying these show notes is by Whit Harris. The NASA image credit is NASA/CXC/M.Weiss.

This episode and these show notes © 2015 David Lizerbram

Nov 5, 2015

If you live or do business in the United States and you want to protect the brand name of your product or service, the typical approach is to register that brand name as a trademark with the United States Patent and Trademark Office (USPTO). But what if that product isn't exactly legal?

For a review of the basics of trademark law, I suggest you check out Episode 2 of Products of the Mind: "What Is a Trademark?"

The USPTO has noted that the Controlled Substances Act:

...prohibits, among other things, manufacturing, distributing, dispensing, or possessing certain controlled substances including marijuana and marijuana-based preparations...The CSA also makes it unlawful to sell, offer for sale, or use any facility of interstate commerce to transport drug paraphernalia, i.e., “any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under [the CSA].”

The USPTO takes the position that it can only register trademarks when the underlying goods or services are lawfully used in interstate commerce (interstate = more than one state.) You can take my word for it or look up Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127. So the USPTO's current policy is that because marijuana is a Schedule 1 drug under the Controlled Substances Act, they are not permitted and will not register any trademarks for pot-related products.

This doesn't just apply to brand names for pot itself. Because the Controlled Substances Act also includes drug paraphernalia (do you ever hear that word used when it's not related to drugs?), the USPTO also refuses to accept applications for products like bongs or pipes.

Legalization

But wait - isn't pot legal in several states now? Of course, several states have enacted various types of laws legalizing or decriminalizing marijuana. Colorado is the most notable example. However, the USPTO is a federal agency, and it's obligated to follow federal law, not state law. The USPTO has no way of making a policy that applies in Colorado and not Kentucky.

So we have a conflict: you may be doing business in a way that's perfect legal in one state, but federally illegal, and therefore you're not able to protect your brand name through the mechanism of a federal trademark registration.

Options for Pot Entrepreneurs

There are a few options available to pot entrepreneurs. And remember: while I'm a lawyer, I'm not necessarily your lawyer, and nothing in this podcast should be taken as legal advice.

OK. One approach would be to try to register the trademark in your state. While most trademarks are registered federally, there are still trademark offices in all 50 states. So you may be able to get protection within that state and hold on until the USPTO's policy changes.

Another option would be to obtain registration for indirectly related goods or services. Let's say you manufacture both regular candy and candy that includes pot oil as an ingredient. You could potentially register your brand name for the drug-free candy product and at least enjoy some level of protection.

Finally, remember that trademarks don't have to be registered to be protected. You can enjoy what's called "common law" protection simply by using the mark in commerce. So even if you can't obtain a federal registration at this point, you still may be able to protect your brand name, particularly in a state in which the product is legal.

There's a lot more to this topic, so if you find it interesting, or if it relates to your business, let me know and I'll be sure to follow up in future episodes.

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Oct 21, 2015

Episode 3: Jacob McKean of Modern Times Beer on Running a Rapidly Growing Startup, Creating a Utopia, and What Budweiser is Really Selling

Welcome to Episode 3 of Products of the Mind. I’m excited to bring you the first full-length interview.

On this episode, I speak with Jacob McKean, founder of Modern Times Beer.

An Extremely Brief History of Craft Beer

According to the Brewers Association, in 1978 there were 89 breweries operating in the United States. Today we’re at about 4,000, and that number is growing by about 500 per year.

Basically, every day in America, a new brewery opens. Almost all of these are referred to as craft breweries, which has a complicated definition, but it basically means everything other than the big brands: Budweiser, Miller-Coors, you get the idea.

Modern Times

In 2013 Jacob founded Modern Times Beer and it’s been wildly successful from day 1. They keep doubling their capacity over and over again, but they still can’t make enough product to meet the demand. In the very crowded field of craft beer, Modern Times stands out, both because of the characteristics of their beer and because of their distinct branding. Most of their beers are named after historic and imaginary utopian communities. Their marketing copy reflects Jacob’s strange sense of humor.

Jacob has created his own little corner of the world according to his particular vision of how things should be. He’s not afraid to share his opinions, as you’ll hear on this episode.

What’s it like running a wildly successful startup on a day to day basis? How does Jacob deal with those moments when things seem to be spinning out of control? What are Jacob’s thoughts about the recent purchases of small breweries by the major beer companies? We talk about all this and more on this episode.

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Oct 21, 2015

Products of the Mind Episode 2: What Is A Trademark?

Welcome to Episode 2 of Products of the Mind. In this episode, I answer a question that I’m often asked – and that sometimes people are too afraid or embarrassed to ask: What Is a Trademark?

Don’t worry, the concept is pretty simple. A trademark is anything that identifies the source of goods or services. Common types of trademarks are brand names, business names, logos, and slogans or tag lines.

Trademarks are a type of Intellectual Property (which is often shortened to “IP.”) That’s a term for a class of intangible things that an individual or a business can own.

I always encourage people to think of trademarks (and IP in general) not as problems to be solved, or business expenses, but as a set of tools granted by the law that can help you own and protect what you create: the products of your mind, if you will. Understanding the basics about trademarks and IP will be invaluable for the growth of your business or the success of your creative projects.

Plus, it’s just a fascinating topic – for me, at least.

This Episode Includes

  • A brief definition of trademarks.
  • Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
  • Types of trademarks.
  • What’s trade dress?
  • How are trademark rights acquired?
  • Trademark registration, and what do those symbols ™ and ® mean, anyway?
  • How long do trademark rights last?

In future episodes, I’ll discuss copyright, trade secrets, and other IP related topics.

If there was anything in this episode that wasn’t perfectly clear, or something you’d like me to expand on, please let me know.

Free Giveaway

Click here for your free Intellectual Property for Entrepreneurs Checklist!

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

Oct 17, 2015

Welcome to Episode 1 of Products of the Mind. This episode features something that’s never been done before (to my knowledge.)

Not only is this the first episode of this podcast, it’s the first podcast I’ve ever created. I knew that I wanted to talk about creativity and business, and I listened to tons of podcasts to get inspiration on how to make this the best show that I could do.

And I wanted to start out with a bang. So let’s consider this not just the first episode, but also a Very Special Episode. I decided to do something that, to my knowledge, has never been done before. I approached 16 of the top podcasters, people I really admire who’ve been successful in this medium, and asked them all the same question.

I’m calling this my 1 Question Interview.

The question is, “When do you feel most creative?“

In this episode you’re going to hear about creativity from podcasters including Pat Flynn, John Lee Dumas, Kate Erickson, Jaime Tardy, Michael O’Neal, Omar Zenhom, and many more.

It’s like The Avengers of podcasting - all your favorite heroes in one exciting adventure.

The range of answers to my 1 Question Interview surprised me. Some people talked about times of the day. Some made reference to a certain type of activity. A few talked about specific places where they felt creative. But those places ranged from “sitting on my furry rug” to “traveling through North Korea."

I definitely didn’t expect that one.

But first, a bit about me.

I’m David Lizerbram. I’m a business law strategist. Oh, and now I can add “podcaster” to the list of things I do. I podcast from sunny San Diego, California, where for the last ten or so years, I’ve been helping entrepreneurs solve problems and achieve their goals.

I have a background in the creative arts - I went to USC film school (then known as the School of Cinema-Television; now the School of Cinematic Arts) and spent years playing in rock bands. But I’ve also always been fascinated by business and entrepreneurship.

Over the years, I’ve found that entrepreneurs and people who consider themselves creative professionals have a lot in common. I started this podcast to have a conversation about those traits and what leads people to become innovative problem solvers and communicators.

So in future episodes, I'm going to do interviews with interesting people to try to dig into that. I’m also going to do some episodes where I share some legal tips and case studies to help give a bit of guidance to my listeners.

On to the 1 Question Interviews.

Remember: the question is “When do you feel most creative?”

The first few answers had to do with the time of day when people feel creative. Check out the show for answers from:

• Pat Flynn of Smart Passive Income
• John Lee Dumas of EOFire
• Mike Vardy of Productivityist
• Anthony Tran of Marketing Access Pass
• Lou Mongello of WDW Radio

The next few answers had to do with places that spark creativity.

• Michael O'Neal of The Solopreneur Hour
• Jaime Tardy of Eventual Millionaire
• Omar Zenhom of $100 MBA
• Steven Shalowitz of The One-Way Ticket Show

The final group is a bit of a catchall – let’s call it circumstances where one feels creative.

• Elise Cripe of Elise Gets Crafty
• Cliff Ravenscraft of Podcast Answer Man
• Joel Boggess of The ReLaunch Show
• Jordan Harbinger of The Art of Charm
• Meron Bereket of Inspiring Innovation
• Joon Han of Your Biz Rocks
• Kate Erickson of Kate’s Take and EOFire

For those playing along, the shortest answer was from Meron Bereket of Inspiring Innovation and the longest was from Steven Shalowitz of The One Way Ticket Show.

I hope this got you thinking about when you feel most creative. Feel free to leave a comment on the podcast page at Productsofthemind.net or through Twitter @davidlizerbram and let me know when you feel most creative.

And I guess it’s only fair that I answer the question too. So here we go:

I’m David Lizerbram from Products of the Mind and I feel most creative when I’m in a conversation with someone who is sharing their insights and life experience. I don’t think most people have the ability to just sit on a remote mountaintop and come up with great ideas. Creativity comes from interacting with other people, collaborating, arguing, trying things out.

Thanks for Checking Out Products of the Mind!

If you enjoyed today’s show, please share it by using the social media buttons you see at the top and bottom of this page.

Also, please consider taking the few seconds it takes to leave an honest review and rating for the podcast on iTunes. They’re very helpful when it comes to the ranking of the show and I read every one.

Finally, don’t forget to subscribe to the podcast on iTunes or your favorite podcast app to get automatic updates every time a new episode goes live.

The Credits

As always, the music for this episode was provided by Le Chateau. The track name is “Bury You.” Go buy it on Soundcloud!

This episode and these show notes © 2015 David Lizerbram

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