Three Years Later; Where are the benefits NOT OWNING this trademark?

Official Registered Trademark, December 21, 2021 

     Three years ago on this Winter Solstice date, December 21^st, 2021, I successfully registered the elements of the Universal Flag for our Five Percent Nation as a class 41 licensed trademark with the United States Patent and Trademark Office (USPTO) and U.S. Customs and Border Protection (CBP). As I shared in my article, What are the legalities of our Universal Flag?:

"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." 

To learn more details about that initiative I would encourage you to read the article What are the legalities of our Universal Flag? Today I wanted to take the time to build upon that experience, what has happened since that time, and what I think we can expect to see moving forward.

     When I first announced that initiative it was embraced with a great deal of support and attacked with disdain. Some Nation members shared that I was wrong for not presenting this initiative to them personally, and/or to the larger number of Five Percenters collectively for their input before acquiring this IP. These are things that I considered yet decided against it in the interest of time and to prompt an immediate call to action and National response from our members. So instead of talking about it I made the proactive decision to be about it by investing the time and finances to secure the trademark for us. When I received the official document from the USPTO, it is hard to express the prideful feeling of bringing it to our people to say, "Here, this is an invaluable asset that I acquired for us to advance our Nation!" While some members appreciated the socioeconomic foresight of securing this IP, others did not. 

     Following the successful December 21^st, 2021, 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 across the country. 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 appears on the application. Yet, as shown in the above 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 managed for our Nation. This never happened and what unfortunately followed was mass confusion, misinformation campaigns, and a fumbled bag by Nation members to secure an invaluable national asset and legally protect our cultural identity in the public domain. It was disappointing then and is disappointing now to see the same Nation members unable to publicly defend themselves and secure our financial future. I learned a lot from that experience, especially around organization.

Stymie Beard, Little Rascals Gang

       When striving to organize any group of people around an idea, there usually exists an element that can stymie that group's ability to build. Stymie means "to present an obstacle to" or "stand in the way of'." Sometimes this obstruction is rooted in legitimate concerns for the safety, welfare, and progress of the group -as we often saw demonstrated by the sharp-witted Stymie from the Little Rascals who helped solve his gang's problems. Sometimes folks are not like Stymie and their obstruction is illegitimate, thus undermining the safety, welfare, and progress of the group. Whether legitimate or illegitimate, everyone has a rationalization behind why they choose to support/not support an idea. In presenting our Nation with an actual registered trademark, something tangible and not just an idea, it forced many people to communicate their rationalization(s) and confront their own contributions, role, and responsibilities to our Nation. It was not the fact that what I did for us was inherently wrong; every pioneer and innovation is viewed as wrong by some people who never did it before. For many people, this was the first time that they even thought about what it means to officially register the elements of our Universal Flag as a licensed trademark. Very few people asked me questions to gain an understanding about what we were now in possession of. Most people honestly did not even know what we had or the difference between a trademark, copyright, or a patent. It was obvious when they clumsily used these words interchangeably while trying to present themselves as knowledgeable to explain their stance. Some people unrealistically argued that if Walmart or any company were selling products with our Universal Flag on it, we should find them and teach them. Others protested by saying things like, "we are not under the government", "Universal Shaamgaud didn't do it, do you think you are smarter than him", "It doesn't matter, it [the Universal Flag] is for everybody" and etc. It was evident that the rationalizations people made, to justify why they did not want ownership of this invaluable asset, were not legitimate and clearly motivated by something deeper. 

In order to support this initiative, some folks had to justify in their minds why they and others [including the Universal Flag designer Universal Shaamgaud himself], have never done it before. For some folks it was simple; "We are at a point in our Nation's history where we need to own it." For others, it was not that simple. They had to justify a lot in their minds to accept this gift from me. Some people were simply mad that they didn't do it first, and to accept it was to acknowledge my contribution and give me the credit for doing it, even though it was for all of us. Some people were never going to acknowledge it and give me credit, especially those who always had/have something negative to say about me privately and publicly. Some folks felt like me acquiring this IP was me looking down on them and saying that they didn't have the intelligence or skills to do it on their own until I came along. To them, they would rather starve than eat what was being shared them. All of them experienced some level of cognitive dissonance or the discomfort of holding contradictory thoughts. For many, those contradictory thoughts were 1.) We own our Universal Flag 2.) Proof that we don't legally own the Universal Flag because I got the registered trademark for us. For some, they struggled with additional contradictory thoughts. None of what I am sharing is mind reading or speculation. People actually communicated these kinds of sentiments privately and publicly when this initiative was presented to them. With all of these things going on in some people's minds, some folks came up with a whole bunch of illegitimate reasons why they did not want this for our Nation. These kinds of rationalizations are called "defenses mechanisms" in the world of Psychiatry; strategies that people use to avoid certain thoughts/actions that are unwanted. What was so unwanted? Me, and/or me doing this for us. The only legitimate reason that I heard from a few people is that our collective body of members were not ready for that level of responsibility to represent/protect ourselves in the public domain as legal owners of this IP because they didn't know what we actually had. I anticipated this and that is the reason that I secured it first so that we had it in our possession. It was better to have it, and learn how to use it, than to not have it and watch people keep using it. Some folks accused me of doing things wisdom knowledge, or backwards, which is untrue. I knew all about it, did it, and shared the best part with others; that is knowledge, wisdom and understanding. Others who knew nothing about possessing a registered trademark felt like they were forced to do things wisdom knowledge, which is also untrue. All they needed to do is now invest time to learn more about what was now in their possession to use for the benefit of our Nation; that is also knowledge, wisdom and understanding. They were in a perfect position to learn more about what they now legally owned and how it could be used. Not that day, weeks, or even months later. It could have been a year to that date that folks finally educated themselves enough about owning this invaluable asset and how to actually use it. 

     2021 was a pivotal moment in our Nation's history. It was post-Covid, we were "displaced" from our community as I shared in my article Anchor Institutions and the Fate of Allah School in Mecca, we were poorly represented in the public domain and facing dire socioeconomic circumstances. At the date of this writing, all of things have only gotten worst and no one has come forward with anything tangible that addresses all of these National issues. I think failing to accept ownership of our registered trademark was a missed opportunity for us to use this invaluable asset to legally protect our image/narrative in the public domain, improve our collective quality of life, and create multi-capital for our Nation's growth and development, in perpetuity. I would love for someone, or others, to come along and legitimately prove me otherwise. Not with economic development presentation pitches with no capital investment, crochet crown and lapel pin fundraisers, or livestream/podcast monologues called 'classes'. I commend folks for at least doing something, yet none of those things are really moving the needle forward. If they were, we would see the evidence in actual attendance, participation, financial investment, and viewership. Unfortunately, we don't see that evidence. And no, I don't see myself as our Nation's savior on some high horse with the answer to solve all of our problems. I am just one person, who shared an excellent idea, that would have surely solved some of our problems. Three years later, how have we benefitted from not owning this registered trademark? I honestly cannot think of one example. You might be wondering what ended up happening to the IP huh? Well, let me tell you a story, it's called The Magic Stone

The Magic Stone

     Once upon a time there was a people living in a distance land, struggling from a famine that ravished their entire village. Food was scarce, sickness was common, and people suckled cactuses to get what little water that they had. One of their family members seeking to assist his people set out on a perilous journey beyond the borders of their homelands. After a year of roaming the lands, the family member came upon a quarry of magic stones that possessed limitless power to change one's circumstances. Excited, the family member began to make his way back to his village to share one of the magic stones with his people. When he arrived at his village and announced his discovery, a great disturbance arose among his people. While some of his people were thankful, some verbally attacked and threatened to physically harm him. Some of the more superstitious family members began to share legends as reasons why their wisest elders never had the magic stone, so they shouldn't either, despite the desolate condition they were now living in. Others arrogantly dismissed it, boasting that they could have gotten the magic stone themselves, and he was no better than them. Some family members began to spread lies about him and the magic stone, sowing seeds of doubt to turn people against him and his gift. Some family members secretly suggested that he not allow other family members to have possession of the magic stone, while other family members asked him to allow their council to control it. Some family members outright refused the magic stone, believing that he should have asked them did they want it, even though it was clear that their people needed it. After three days of fasting and consideration, he had an epiphany. The next day he came before the village and announced that because his people could only agree that there was no agreement about what to do with the magic stone, he would destroy it. And he did. 

The End

Peace,

Saladin

Supreme Mathematics AWARDS to be held in Medina (Brooklyn)

 

   It was announced last week by Seven On Demand via social media that on Thursday, June 6th, 2024 the First Annual Supreme Mathematics Awards will be held in Brooklyn, NY (Medina) to honor Five Percent nation members who are doing extraordinary work to nationally/internationally represent and advance our nation. Also shared was a list of nominees whose names were put forward by an event committee for different award categories. While some shared their excitement for this first-time initiative, others did not.

After reading many of the comments shared on the event post, a common theme that I recognized was a criticism of some of the nominees, the questioning of the nomination guidelines, and the reasons why some people should/should not be nominated. Some people even shared why they themselves should have been nominated and the assumption that some people probably nominated themselves. In response to those queries, the event organizer Lord Jamel, shared that these nominations were put forward by an event committee, not himself, and anyone nominating themselves were disqualified. Still, this explanation did not suffice for those who thought that they belonged on this list. The great thing about this initiative is that it is creating conversation and calling into question a criterion for how we are actually using Supreme Mathematics to positively impact our environment. Far too often some of us use the abstract phrase, "I'm building!" to proclaim that we are working, yet there is no real quantifiable evidence to show and prove that, especially nationally and internationally.

So, what are the criteria? Is it being someone who has lived the culture for fifty-plus years? Is it based on how many people you got to memorize 120? Is it being nationally/internationally successful in a certain industry? Is it how many parliaments and rallies we have attended? Based upon the comments shared on the event post, it was clear that people had different ideas of what the criteria should be. To some, I should not be on that list simply because my name is “Saladin” and they believe that this is a Muslim name, not an Arabic word. To others, you cannot even create a list about positive national/international impact without my name on it in multiple categories. Regardless, I think it is a great opportunity to publicly acknowledge and honor one another and learn about what others are successfully doing to advance our nation and culture. Here is why, and I think we can start by asking ourselves these open-ended questions:

*What are some of the benefits and opportunities that can come for our youth seeing and learning more about our nation members being publicly acknowledged for their positive contributions to our nation, the communities that we live in, and society as a whole?

*How are some of our nation members national/international work in the fields of health, education, media, technology, economics, arts, sports and entertainment helping better prepare our nation for a world twenty, fifty, and even one hundred years from now? 

     If we found ourselves struggling to describe more than ten actual benefits and opportunities for our youth seeing and learning about nation members positive national/international contributions, that is problematic. If it was difficult to quantify how more than twenty nation members around the globe are actually helping to better prepare us for our future, that is also problematic. That lacking in recognizing our nation members is part of the reason for such an Award Show. Lacking this information means that we obviously don't have access to benefits and opportunities that connect us to a global network of excellence. We are also less prepared than we could be for a world twenty, fifty, and even one hundred years from now because we don't really know the folks -and the work that they are doing- to help prepare us. This state of lacking is where many of us are, as adults. Now imagine how disconnected and unprepared our youth are because we are unqualified or ill-equipped to share that knowledge and wisdom with them. Some would argue that it doesn't require a Supreme Mathematics Award Show to address this lacking. Well consider this.

    This is bigger than a popularity contest or giving someone an award so that they can feel good and validated. While there are many Five Percenters who are doing great work locally and possibly regionally, every Five Percenter is not nationally/internationally known for their work. This Award Show sets a professional standard of acknowledgement to honor those whose use of Supreme Mathematics has garnered positive national and international acclaim. Without a platform to publicly acknowledge, learn about, and celebrate this, how would you, and the youth, even know? Some would agree that we should acknowledge and learn about nation members doing great national/international work, yet they don't think that an Award Show is the best way to do it. The only way to show and prove differently is to create the format or medium to do that, not just talk about what we should do. Some would argue that people should not be celebrated for what we should be doing, which is understandable. This is not to award people for what they should be doing. It is to acknowledge and honor our nation members who have done and are doing extraordinary work to nationally/internationally advance our nation in ways that has not been done before. Using Supreme Mathematics to expand their intelligence, develop their talents, and produce contributions that positively impact society nationally and internationally is something that our nation members chose to do, that many do not. That work of our nation members should never be minimized, dismissed, or treated as commonly expected because it is not. Besides, instead of waiting until people are no longer here to acknowledge their work, isn't there a clear benefit in recognizing them as a present resource to our nation in the fields of health, education, media, technology, economics, arts, sports and entertainment while they are actually here?

Palais des Nations (United Nations Office)
Geneva, Switzerland 

   In closing, in my experience the best way to critique anything is by providing tangible solutions, not just talk. Talking against something with nothing to actually offer as an alternative only proves that we are not truly invested in the solution that we claim. If we are that committed to some idea that we think is better, then we should have already invested our finances, resources, and sweat equity in that idea and have it to actually offer folks. If we clearly have not done this, then why do we think others should do it? I don't know about you b.u.t. I am skeptical of a car dealer trying to sell me a car that they never had, not confident in a phone store clerk selling me a phone service plan that they never had, and distrustful of a health and wellness coach selling me superfoods that they never used. If some of you think that there is another format or medium for people to acknowledge, learn about and maybe celebrate the national/international contributions of our nation members, then put the money up and create it. Talk is cheap, when there is no substance behind it. 

The Supreme Mathematics Award Show will be held on June 6th, 2024 at the Polygon BK, 299 Vandervoort Ave. Brooklyn, New York 11211. Doors open at 7pm and tickets are $100 General Admission and $150 VIP. Tickets can be purchased online HERE. This in-person Award Show and Gala will be live-streamed/recorded via Seven on Demand to honor some of the best and brightest minds living mathematics and their contributions to our nation and society as a whole.

Peace,

Saladin

What are the legalities of our Universal Flag?

     Two years ago, on December 21^st, 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

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 assets; the 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