Founder/CEO

Showing posts with label intellectual property. Show all posts
Showing posts with label intellectual property. Show all posts

Tuesday, March 04, 2025

Content Harvesting and Gossip Era Groupies



In my 2022 article Intellectual Property: How Protected Are We? I shared that, "This society is drastically changing with the exponential growth of technology. Those changes are not favorable for those of us who have little to no control over any legal assets/intellectual property. As black people, we cannot allow those changes to happen around us." With the expansion of technology, we went from an Internet Era to a Social Media Era. Since publishing that article, society has begun to move through an IP [Intellectual Property] Era and devolve into an Era of Content Harvesting and Gossip Groupies.

  Step back and look at the content being shared online today. Whether it's skits, LIVE videos, reaction videos, music, social commentary, or podcasts, most of that content is based on negatively talking about others. Everyone has something to say, about everybody. As much as some people claim to hate "Lying Donald Trunk" -as my six-year-old calls him, he is generating millions of dollars of content revenue for people talking about everything he does/doesn't do and anyone remotely associated with him. This does not mean that I support him. I am simply pointing out the same contradiction of Northerners running textile companies making a claim that they were against slavery while enriching themselves from the cotton picked by enslaved people and shipped by Southerners. Trump is content gold and his remarks/tweets provide job security for some of his most vocal content-creating critics. It is a sick symbiotic relationship. Knowing this, I strive to step outside of this cycle of abuse by not allowing myself to be used as a content tool. It is not often, but sometimes I have still fallen short of that. More recently, I publicly addressed a male with an obvious man-crush who has consistently trolled me privately and publicly over the last several years. In hindsight, it started after I gave them an interview for YouTube, yet never gave them direct access to me. Over time, I was accused of "thinking I was better" and they became an outright contrarian to whatever they would see me share online, and recruit others who secretly felt the same way. Because they are not in my personal or professional circle, I would receive this information from those who wanted to inform me about some things that were going on in the periphery of my life. Anyway, I humorously responded to some recent low budget content they made that included me. My response was all EGO and ultimately fed the attention seeking behavior that content harvesting gossip groupies like them monetize. As the old saying goes, if someone walks in on a wise person and a fool having a disagreement, they won't be able to tell the difference. In this instance, I was definitely a fool for even entertaining this.


Universal Parliament, P.S. 154 Harriet Tubman Elementary School 
[
November 28th, 1982]

Speaking of foolishness, there has recently been a lot of discussion, particularly among members of our Five Percent Nation, about public commentary shared by Golden Era Hip Hop Pioneer and Brand Nubian group member Lord Jamar. Lord Jamar recently appeared on the In Godfrey We Trust Podcast to debate Professor Dave Farina about the Flat Earth; a concept supported by Lord Jamar yet disproved by the scientific community before the 6th Century BC and not advocated by our Five Percent Nation. As a professed member of our Five Percent Nation, Lord Jamar has been publicly and privately criticized for his pro-Flat Earth stance by some Nation members and people within the general public about how he handled this public debate. Many have shared that it was an embarrassing display by Lord Jamar, and he even issued a public apology stating that, "I was not myself." I received many requests from viewers to share my perspective on this and I honored those requests with the below video:

Commentary on Lord Jamar and The Flat Earth Discussion


     As you can see in the above video, my position is clear. Some of us Five Percenters are too fixated on conversations that do not actually impact the larger community. This is also reflective of this Content Harvesting and Era of Gossip Groupies. We should be directing our focus and finances on things that will aid in our growth and development. Some Five Percenters have argued that it is not about Lord Jamar and the Flat Earth. The issue is he is misrepresenting the teachings of our Five Percent Nation to a wide audience. Ironically, two years ago I put forth the unsuccessful effort to guard against incidents like this by trademarking the elements of our Universal Flag and seeking a body of Five Percent Nation members who would manage it. In this instance, they could have easily sent him a cease-and-desist letter for trademark infringement and the unlicensed use of our Universal Flag with his content, including its removal from the cover of his The 5% Album and any related merchandise. If this cease-and-desist warning was ignored, we (the trademark owner) could have escalated the situation by filing a lawsuit against him, leading to legal repercussions like court orders, financial damages for any profits made from the infringement, and attorney fees. It seemed simple enough to me, yet some Five Percenters just didn't get it. This idea was eventually sabotaged by some of the same folks who have criticized Lord Jamar about his public representation of our Nation. In replacement of our trademark, I've seen Five Percenters choose to make long-form videos about Lord Jamar, go on Podcasts and make social media posts talking about him; none of which are an effective call to action to address their so-called issue. Maybe now folks will start to better understand the power of controlling our identity/representation in the public domain by owning our IP [Intellectual Property]. Maybe. If someone is really that concerned about Lord Jamar's public representation, I would encourage them to just be better representations in their communities, municipalities, and online. Unfortunately, that is all you can really do at this point. 

     As this society continues to move through an IP [Intellectual Property] Era and devolve into a Content Harvesting and Gossip Groupie Era, it is important to not lose sight of the tangible everyday work we need to do that positively impacts the lives of others. We also must not minimize or overlook the importance of owning our IP. The folks who are chasing ambulances to have something or someone to talk about, and/or not owning their IP, will not always be around. They have "a said birth record" and will eventually run their course. Think about the big celebrity gossip that you heard last week and if folks are even talking about it today. They are not, unless more information has been leaked in the media that is connected to the original story in order to keep it alive. There is something or someone else being talked about today and people are making a living off of it, like parasites. What we ultimately need to ask ourselves is, are we going to ride these shallow waves or be an ocean of ideas and proactivity? I have always chosen the later, and that is why I am here today. Not because I am a so-called "content creator." It is because I am a creator, who is personally and professionally content, with what I consistently share to inspire, empower, and educate others.


Peace,

Saladin

Thursday, January 11, 2024

What are the legalities of our Universal Flag?




     Two years ago, on December 21st, 2021 I successfully registered the elements of our Universal Flag as a class 41 trademark with the United States Patent and Trademark Office (USPTO) and U.S. Customs and Border Protection (CBP). By law, you cannot trademark a flag, so this trademark was not defined or described as a flag in the USPTO application. This trademark defined, described, and included all of the elemental arrangements of our Universal Flag. This ensured that it could be trademarked not as a flag, while simultaneously protecting our flag in the public domain from any similar elemental arrangements that would infringe upon our registered trademark. In other words, this gave us legal protection/recourse to address any individual/company who was using our federally registered trademark without our licensed permission or any individual/company that wanted to create something similar to our trademark, such as a rainbow-colored emblem like ours with a #6 in the center. Some of our Nation members were/are under the false impression that simply claiming that we have been using the Universal Flag since the 1960s is enough to prove ownership in a court of law against an individual/company that actually owns its elemental arrangements as a federally registered trademark. This is sadly untrue, especially in the face of an individual/company with a financial war chest to legally protect their IP [Intellectual Property]. There is a difference between a common law trademark and a federally registered trademark. Old Xerox copies, Power Papers, and other materials with Universal Flags on them from back in the day are only considered common law. These materials are not federally registered trademarks that secure nationwide legal protection, nor can you use them to file a claim in federal court to sue for damages if someone infringes upon your common use. It is important to understand that common use is almost equivalent to no use at all in a litigious society, especially in federal court. Some Nation members shared with me that I was wrong for not presenting this initiative to them personally, or to the Five Percent Nation collectively, for their input before acquiring this IP. Yes, I considered that yet decided against it in the interest of time and to prompt an immediate plan of action and National response from our members. So, I made the proactive decision to financially secure it for us, and bring it back to our Nation to say, "Here, this is an invaluable asset that I acquired for us to advance our Nation." Some members appreciated the socioeconomic foresight of securing this IP, while others did not. 


Email dated January, 2022 seeking to establish a Universal Flag Board


     Following the successful registration of this trademark I sent the above January 7th, 2022 Universal Flag Board email to various Five Percenters [men and women] in different regions. As stated in this email, My reasoning for initiating that IP initiative was to put in place ‘legal safeguards’ for us to control our national narrative and maintain our cultural identity. Prior to this, anyone could use our Universal Flag and there was nothing we could legally do about it. Now that our Universal Flag is our registered trademark, no entity [entertainers, businesses, institutions, organizations or media sources, etc.] has the legal right to use it and can/will face legal consequences for misuse and abuse of it.” I emphasize the words “us”, “our”, and “we” in this email because this trademark was never for me. Because I initiated the trademark process, my name originally appeared on the application. As shown in the email, I sought out a diverse group of Five Percenters [men and women] to form a committee that the trademark ownership would be transferred to, and the committee would manage for our Nation. This never happened, and some of those who were contacted publicly/privately shared this correspondence, including the registered trademark that I attached to that email, on social media. What followed was a great deal of misinformation disseminated about me and the process. It should also be noted here that I still have not shared this federally registered trademark document on social media, understanding the intrinsic value of this IP

     When I finally had an opportunity to publicly address this initiative via Zoom with all of those who were interested, some Nation members were for it, and some were against it. Ultimately, no one could agree on what to do with this IP or what Nation members were trustworthy enough to manage it. Understandably, this never happened before in the history of our Nation and many people simply did not know what to do about it. The only consensus that I recognized was that there was no consensus among us. Therefore, I shared that I would cancel the trademark, and if Nation members wanted to revisit this at another time, they now know that I could do it for us. That trademark was canceled on July 26th, 2022. 

     With the life experience that I gained, I began to write/speak extensively on this litigious society being in an IP Era and the importance of preserving Allah School, protecting our cultural identity, and controlling our historical narrative in the public domain. Post-COVID, I have also written/spoken about the proliferation of USPTO trademark registrations and the exponential growth of streaming platforms harvesting content [IP] like organ harvesting. In fact, I have a couple of unsigned PBS contracts that were presented to me that I use to educate folks on how to protect their IP. So in addition to having knowledge of self and teaching for twenty-eight years, my professional experience has also given me a unique perspective on the topic of legally protecting our cultural identity in the public domain. I have been a formal educator with a focus on early childhood for twenty years. This led me to found my own early childhood learning center, the Atlantis School For Gifted Youngsters, which recently celebrated its 1-year-anniversary. I have authored twenty-three books, five of which are part of a curatorial activism archive in the British Library, and I assisted in the establishment of the first black institution in my city in thirty years where I presently serve as its Director of Community Engagement. I have co-produced and starred in several historical documentaries as a subject matter expert, including three award-winning international documentaries [Enslaved, Secret Agents of the Underground Railroad, and Two Wars: The Road to Integration], and I work in historic preservation; successfully assisting in the renovation of historic sites such as the Prophet Isaiah Second Coming House, and the establishment of historic markers both in my city and in Ontario, Canada. Lastly, I am a member of the United Nations International Civil Society Working Group for the Permanent Forum on People of African Descent, and I was featured in the United Nations International Day for People of African Descent on August 31st, 2o23. As a Five Percenter working in these diverse spaces of education, literacy, historic preservation, placemaking, and film & television, I am always intentional about representing who we are, literally in the name of Saladin “Allah.”

     I am not sharing some of my experiences to seek acknowledgment or validation. My work as a public figure continues to be globally acknowledged and validated as the single largest digital footprint of any active Five Percenter in our Nation. This is not arrogance, EGO, or self-importance. This is a fact that I don’t take lightly, or for granted. I am sharing some of my experiences to provide some context for those to better understand the lens through which I view the world. This perspective has also come with its challenges. One of those challenges is confronting the narrow-mindedness, apathy, or unwillingness of some Nation members to actually do more than talk or robo-post thoughts on social media.


Email dated January, 2024

     Following the cancellation of our registered trademark, it has been disheartening to see Nation members still struggling to solicit donations over the last two years to support Allah School initiatives while Showtime released the award-winning Supreme Team docuseries with our Universal Flag in it, and months later a San Francisco pop-culture design house produced a custom Rakim figure wearing a Universal Flag jacket. We were in the perfect position to secure licensing agreements for the use of our registered trademark which would have secured revenue for our Nation in perpetuity. These are just two examples, in addition to numerous examples that I shared of other corporations, who were and are still profiting from the IP we owned. 


     This also does not include the examples of media outlets, like the image above, that published images of our Universal Flag alongside disinformation that linked us to crimes. I strived to communicate to our Nation members that in the same way Nike, Burger King, Allstate, etc., could sue media outlets for defamation because those damaging statements harm one's reputation and financial well-being, we had the power to take the same legal course of action to sue media outlets for defamation; instead of reposting articles like this on social media with a complaining caption and comments that only monetizes that media content. 



     At one point during a Zoom presentation, I shared the above image of our Universal Flag being sold for $399.99 at Walmart. While one Nation member said that it didn’t matter because that company was not making much money from selling it, another Nation member suggested that the company owner be located and educated about who we are. The more I began to hear ideas like this, the more I began to realize, and accept, that what I strived to do for us was out of touch with where many of us were/are. It was clear that we had very different ideas about cultural continuity, historic preservation, the legal vulnerabilities of a litigious society in an IP Era, and our capacity to control our narrative in the public domain. 


Building while hiking Mount Kilimanjaro, Tanzania


     Despite some speculation shared about me and how I feel about that experience two years ago, I am doing excellent. I continue to digitally document the global work that I do via the internet so that anyone with a smart device can see it, and I keep my social media profiles public for that purpose. I still build with my brothers and sisters in our Nation whom I have a relationship with, and I continue to teach those who are seeking knowledge of self. What has changed of course is my time, based on the demands of my busy schedule as a public figure and the various things that I am doing. Looking towards 2024, there are already numerous global projects, programs, and initiatives that I am involved in, and I am excited to continue positively representing our Nation in those capacities. As always, for those who would like to contact me, I can be reached via email at: atlantisbuild@gmail.com. #AtlantisBuild


Peace,

Saladin

Monday, April 11, 2022

Intellectual Property: How Protected Are We?


**This original article appears in the Culture Is Free publication HERE**

     It is an actual fact that the United States is the most "litigious society" in the world. Litigious means 'prone to engage in legal maneuvers or lawsuits.' Our disagreement with that statement does not change that actual fact nor does it prepare us to do something about it. This actual fact is especially important to understand in this digital age of content harvesting, online marketplace expansion, blockchain technology, cryptocurrency, and a 552.17% increase in NFT trademark submissions between August 2021 and January 2022. In my article The Content Era: 2022 is the Year of Creatives and Entrepreneurs I explained, "we are now in a Content Era. Streaming services are in global competition over it, Podcasters and Bloggers need it to survive every week and it's like that Frank Lucas [American Gangster] blue magic to Instagram, Facebook, Twitter, TikTok and YouTube users. For THAT Economy to sustain itself Content must be consistently harvested from Creatives and Entrepreneurs who are sometimes trafficked through digital internet rings..." Content is another name for intellectual property [IP] or legal assetsthe basis of this article. 

     During the COVID-19 shutdown, many people took advantage of that time to learn new things and develop new skills. I've known folks who completed Herbology courses, Music Engineering programs, and apprenticeships in different industries. While I had already studied the subject, I invested my time in learning how to file provisional patents, utility patents, and trademarks. One of the things that I immediately learned is the small number of patent and trademark lawyers, especially black lawyers, in this specialized area and the increasing demand for their services. By learning this skill I became more proficient in this specialized field of law. Even more proficient than lawyers who worked in other areas of law. My reasoning for learning this skill was to ultimately provide this service to folks who had no knowledge and/or capital to file a trademark or patent; which costs about $400 to trademark something and about $18,000 to patent an idea. In addition to the various projects that I was already involved in, and my peripheral research, this investment began my direct experience with securing legal assets or intellectual property.  None of this article is based upon a casual Google search, a Wikipedia scan, or hearsay from folks on YouTube talking about what they have never done and do not own. 

     Before we go any further let me first define what a legal asset or intellectual property is. A legal asset is defined as “real or personal property that has value.” Intellectual property [IP] refers to “valuable assets that we legally own such as inventions; literary and artistic works; designs; symbols, names, and images.” The value or worth of a legal asset or intellectual property is inherent. Meaning, that it is essential or built in its creation. It is not an asset because someone acknowledges or likes it or not. It is an asset because its nature is valuable. It is sort of like when we say the Black folks are divine. Our value is not because someone acknowledges or likes it or not. We are divine, or an asset, because our nature is valuable. When we create inventions; literary and artistic works; designs; symbols, names, and images they are also valuable. 


     If you have been following the Russian-Ukrainian conflict, in response to the United States sanctions on Russia, Russia has stripped away legal asset/intellectual property rights from U.S. companies doing business in Russia, along with foreign companies from 23 other “unfriendly” territories. According to the high-profile trademark attorney Josh Gerben, “companies like McDonald's and Starbucks that have left Russia to protest its invasion of Ukraine can do little when Russian businesses steal their trademarks. In fact, trademark applications were filed in Russia this week that bore a striking resemblance to marks belonging to Ikea, Instagram (FB), McDonald's, and Starbucks. These companies can't immediately fight back because challenges for unauthorized use are largely limited to Russian courts.” For those of us who have carelessly looked at legal assets/intellectual property as insignificant and unimportant, this political power move by Russia to shift the global economic landscape should make us reconsider our stance on the value of legal assets/intellectual property. When we do recognize this value, the questions we need to ask ourselves are what can we do to legally protect ourselves and our assets in a litigious society? Do we have health and dental insurance? Do we own property? Do we have a Last Will and Testament? Do we own any patents or trademarks? Do we have any life insurance policies? Do we have a marriage license? These and various other legal protections are just some things to seriously think about, especially for our families and future generations. 


CONFIDENTIALITY

     With this knowledge of legal assets/intellectual property, I was able to successfully file a provisional and utility patent for a unique fuel cell technology. Before my business partner and I even discuss this patent with companies we ensure that a three-year NDA [Non-Disclosure Agreement] is signed and notarized first. Because of our invention's inherent value, an NDA is a standard legal document that is used to protect the value and confidentiality of legal assets/intellectual property before you discuss them. This is the reason why we should not openly discuss specific matters related to a trademark filing, a patent, or any legal assets/intellectual property in the public domain. It compromises the security of those legal assets/intellectual property.

     When the Washington [now "Commanders"] football organization sought to rename their team they never had public discussions about the potential name of the team. In fact, they went as far as filing the original trademark in a foreign country whose trademark databases are difficult to search online. Months later the organization then filed an application with the United States Patent and Trademark Office [USPTO]. Knowing that this trademark information would be publicly available and published with the USPTO, their filing was protected because the trademark application was based upon the earlier filing date in the foreign country. See, once a trademark is filed, there is a 30-day window to oppose/challenge its registration after the USPTO publishes the application for opposition. Following the above method of filing in a foreign jurisdiction is a workaround to limit the public's capacity to oppose a registration. If Lebron James has received legal guidance from a patent and trademark law firm then I am sure that he used this method before it was recently announced that he filed 4 new USPTO trademarks in the names of LEBRON JAMES, LEBRON, KING JAMES and CHOSEN1 related to the metaverse. Understanding this, when people openly discuss the specifics of a legal asset/intellectual property in a public forum it only informs the public of two more facts related to our litigious society: 

1.) Those people do not actually understand or own any digital assets/intellectual property. 

2.) Those people are legally vulnerable, and a liability to others, because of their ignorance of law and tech illiteracy. 

3.) Those people are actively promoting "IP Squatting" where someone other than the original owner(s) can acquire that legal asset/intellectual property and sell it back for a profit.



     I was once involved in confidential discussions regarding a unique legal asset/intellectual property that I personally secured in order to transfer ownership to a collective body of people. While I did not have those who participated in these confidential discussions sign an NDA, I did emphasize the importance of privacy and requested that they not share the specific details of those confidential discussions in the public domain. A short time after, I was disappointed to learn that some of the participants were sharing those specifics, and misinformation regarding this unique legal asset/intellectual property, in the public domain. While I did cover a great deal of legal territory using a power-point presentation that included an extensive FAQ segment, it was unfortunate to learn that some of those who participated in those discussions did not understand the importance of confidentiality or simply did not care. Either way, lacking that carelessness is a liability in an expanding litigious society. So I ask again, what can we do to legally protect ourselves and our assets in a litigious society? Do we have health and dental insurance? Do we own property? Do we have a Last Will and Testament? Do we own any patents or trademarks? Do we have any life insurance policies? Do we have a marriage license? These and various other legal protections are just some things to seriously think about, especially for our families and future generations. 

     This society is drastically changing with the exponential growth of technology. Those changes are not favorable for those of us who have little to no control over any legal assets/intellectual property. As black people, we cannot allow those changes to happen around us. As a Five Percenter, with our Allah Youth Center's 99-year lease quickly approaching, the gentrification of Harlem, the constant threat of our property being taken through eminent domain, no permanent location to hold our monthly gatherings, no legal control of our Universal Flag in the public domain, and no economic blueprint in an expanding litigious society, there are serious confidential discussions we need to have regarding protecting and preserving our cultural legacy. If we don't get it together we will be talking about these days, like our nation elders reminisce about the old days, with no visible evidence that these days ever even existed. Except for a street sign, of course, to mark what once was.

Peace,

Saladin