Episode•September 28, 2023•21 min

Protect Your Business! How to Navigate Legal Landmines in Entrepreneurship | Ep. 267

Are you an entrepreneur looking to protect your business's intellectual property? Join Yasmine Salem Hamdan and Tiffany Grant on this episode as they discuss legal landmines that entrepreneurs need to avoid. They emphasize the importance of trademarks, copyrights, and getting consent for content use in your paid products. Plus, Yasmine provides important tips on conducting a trademark clearance search so you don't accidentally step on someone else's toes. Tune in now for essential advice on protecting your intellectual property! About Our Guest Yasmine Salem Hamdan is an inspiring business lawyer, brand consultant & entrepreneur who emphasizes the importance of legal protection for entrepreneurs. She is the founder of Coaches & Company, a digital destination that provides entrepreneurs with ready-to-use legal contract templates and other premium business tools. Drawing upon her extensive experience in representing, supporting, and consulting business owners, Yasmine founded Coaches & Company to help protect hard-working entrepreneurs from getting into sticky legal situations. Through her work, she motivates entrepreneurs to put their ideas and gifts out into the world confidently and securely. Connect with Yasmine Website: https://www.coachesandcompany.com/ref/moneytalkwitht/ Use code "moneytalk" to get $50 off any package Facebook: Coaches and Company Twitter: @coachesandcmpny Instagram: @coachesandcompany Connect with Tiffany Visit our website: https://moneytalkwitht.com Facebook: Money Talk With Tiff Twitter: @moneytalkwitht Instagram: @moneytalkwitht LinkedIn: Tiffany Grant This podcast uses the following third-party services for analysis: Podcorn - https://podcorn.com/privacy OP3 - https://op3.dev/privacy

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Key Takeaways

1
Treat all content as intellectual property assets, not just content
Creators should shift perspective: every blog post, podcast episode, email, and social post is a copyright asset with exclusive rights to publish, reproduce, license, and create derivative works
Protecting IP builds long-term business value and brand recognition over time
2
Always secure written agreements transferring ownership of created content
Without written contracts, contractors, designers, photographers, and agencies retain ownership of deliverables they create
Use written agreements for all professional relationships (clients, contractors, agencies, interviewees) to define terms and avoid ongoing negotiations
3
Get consent before using others' content, especially in paid products
Reach out for explicit consent when quoting, excerpting, or including exercises from other creators in courses or books
Podcast guest agreements can secure broad consent upfront for future uses like books or repurposed content
4
Conduct a trademark clearance search before committing to a business name
Availability on social media does not equal trademark availability; search the USPTO TESS database first
Failing to do a clearance search can lead to cease-and-desist letters, forced rebranding, or lawsuits after investing time and money
5
Personal names can be trademarked but may also be blocked
You can register your own name as a trademark, but if someone else already owns a similar mark in a related category, you may be prevented from using it commercially

Intro

Tiffany Grant interviews business lawyer and brand consultant Yasmine Salem Hamdan about the legal landmines entrepreneurs face when protecting intellectual property.
Yasmine Salem Hamdan is the founder of Coaches & Company, which provides entrepreneurs with ready-to-use legal contract templates and business tools. She helps business owners avoid legal pitfalls and protect their intellectual property.

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– The Biggest Legal Landmine: Failing to Recognize IP Assets

Yasmine urges entrepreneurs to view themselves as asset creators, not just content creators. Trademarks (the 'outside of the box') include names and branding, while copyrights (the 'inside') include all original works like podcasts, blogs, and emails.

You are creating assets... protecting that intellectual property.
– Yasmine Salem Hamdan

– Protecting Copyright Assets and Ownership Transfer

Copyright protection begins at creation. To ensure the business—not the creator or contractor—owns the work, written agreements must explicitly transfer ownership. Without them, contractors retain rights to license or sell the content.

Make sure you actually own all of the content in your business... make sure your business owns the content.
– Yasmine Salem Hamdan

– How Far Should Contracts Go? Clients, Contractors, and Guests

Anytime someone produces deliverables (photos, graphics, audio, writing), a written contract should transfer ownership. For podcast guests, best practice is a guest agreement covering use of voice, likeness, and future repurposing.

Contractors and agencies creating content
Photographers and designers
Podcast or blog interviewees
Coaches or consultants hired for services

– Trademark Infringement: The Unintentional Landmine

Social media handle availability does not equal trademark clearance. Entrepreneurs must search the USPTO TESS database to avoid infringing on existing marks in similar industries, which can result in cease-and-desist letters or forced rebranding.

You might start using that name... and then you get hit with the cease and desist.
– Yasmine Salem Hamdan

– Can You Trademark Your Own Name?

Personal names can be registered as trademarks, but if someone else already owns a similar mark in a related category, you may be blocked from using your own name commercially.

Resources

Topics

intellectual propertytrademarkscopyrightslegal protectionentrepreneurshipcontractscontent ownershipbrand protectionUSPTOpodcast guests