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 

Keys to Successful Community Building

#NiagaraFalls Mayor Robert Restaino, Myself, City Administration Anthony Restaino

 

     On Monday, April 4th I sat down with the Mayor and City Administrator of Niagara Falls to secure a permit for a Nature of Things documentary project that I am working on and to discuss other items regarding moving our municipality forward. Allah, the founder of our nation of the Five Percent was not anti-government. In fact, he successfully worked with Mayor John Lindsay's NYC Administration to help shape the policies that positively impacted the youth in his Harlem community. It was through his efforts that city government made various projects, programs, and initiatives available to support these at-risk youth and their families. As I share often, this is what was most impressionable to me about the work of Allah and his Five Percent. I grew up watching my parents and other adults work within my community and provide opportunities for neighborhood youth so I always recognized the value of such work, and benefitted from it myself.

     Over the years of doing community outreach and youth advocacy I have experienced a lot. There have been many frustrations, times I have felt disappointed and methods I have learned to be successful in these undertakings. In terms of youth advocacy, I built this online course for those who want to learn effective ways to reach/teach the youth. You can check out my Atlantis School For Gifted Youngsters Youth Outreach Development Course HERE.

     On Tuesday April 4th I recorded this LIVE expounding upon various things that I have learned about community building. I was inspired to share it because I noticed some of my social media contacts expressing their frustrations and disappointments about getting people involved in community work. You can check out this recording below:

Peace,

Saladin

Anusha Serum: Health and Wellness Formula!

   The Anusha Serum from Quanaah Herbal Accents is a health and wellness formula that is designed to support immunity. This specialized formula was developed by Biochemist/Physicist Terry L. Hamilton of HAMILTON EADES GENETIC RESEARCH AND DEVELOPMENT LLC. Both the Anusha Serum drink and skin cream have been used to successfully treat everything from fever, common colds, and a variety of other issues.

Serum Drink Ingredients: Organic Wheat Grass, Organic Barley Grass, Organic Alfalfa, Organic Spinach, Organic Ashwagandha Root, Organic Ginger Root, Organic Banana, Yellow Dock Root, Organic Dandelion Root & Leaf, Lettuce, Broccoli, Organic Rose Hips, Organic Flax Seed, Apple Pectin, Celery, Pineapple, Vitamin & Mineral Fortified.

 

Skin Cream Ingredients: Organic Aloe Vera, Organic Shea Butter, Organic Wheat Grass, Organic Barley Grass, Organic Alfalfa, Organic Spinach, Organic Ashwagandha Root, Organic Nettle Leaf, Organic Ginger Root, Organic Banana, Yellow Dock Root, Organic Dandelion Root & Leaf, Lettuce, Broccoli, Organic Rose Hips, Organic Carrots, and Green Tea Abstract, Raspberry, Organic Maca, Organic Beet, and EFA Fiber Blend, Organic Flax Seed, Apple Pectin, Celery, Pineapple, Organic Eleuthero Root, Whole Orange, Wild Blueberry, Vitamin & Mineral Fortified.

Combining these herbs, minerals, herbs, and nutrients together in a unique way helps the Nucleic DNA and the Mitochondria DNA communicate with its cells. 

• Antioxidants: pomegranate extract, vitamin C and grape seed extract help protect against possible sun damage and fight the damaging free radicals responsible for much of what we perceive as skin aging, including fine lines.
• Anti-inflammation: zinc, aloe vera and B vitamins neutralize redness and prevent inflammatory cell damage.
• Hydrators: amino acids and essential fatty acids strengthen the skin’s barrier and help build strong cell membranes. These ingredients protect against dryness and fine lines by replenishing naturally occurring skin lipids, improving moisture retention and protecting skin from the environment.
• Enzymes: work by dissolving skin cells and facilitating cell renewal, shortening epithelial transit time. Natural sources of botanical enzymes.

To learn more you can read our Official White Paper HERE

NEW RELEASE: "Skin Like Coffee"

 

Skin Like Coffee is a Quanaah Publishing release by first-time author Maya Arrington, Illustrated by Taylor Faith Leeper and Edited by D. Scott. According to Arrington, "Coffee comes in so many wonderful shades of color, just like we do! Whether your skin is silky smooth like dark chocolate, warm and bright like cream, or anything in between, Skin Like Coffee helps us learn that while everyone is different, we all are beautiful! It also highlights that a strong relationship between parent and child can validate the importance of self-love!" 

ORDER HERE

Your investment in our literature goes directly to support the projects, programs and initiatives of the Atlantis School For Gifted Youngsters. Thank You!

Peace,

Saladin

How do we honor our "Infinite Potential"?

Photo Credit: Samar Hamilton

In this 74th Episode of Atlantis Build Talk Radio I discuss honoring the infinite potential within us, especially when it comes to the youth. Also, please SUPPORT and SHARE my Atlantis School For Gifted Youngsters Renovation Project. I am renovating a property to establish a cultural enrichment early childhood learning center and after school program:

LINK: WEBSITE 
PayPal: atlantisbuild@gmail.com
CashApp: $SaladinAllah

 

Atlantis Build Talk Radio · Episode 74 -Honoring our Infinite Potential

NEW RELEASE: "A Legacy of Giants"

A Legacy of Giants is a series of contemplations on the culture of the Five Percent Nation as seen through my eyes. From topics that explore the digital age and social media impact upon Five Percent culture to the tradition and political science of the Universal Flag, this is a treatise on the visionary progress and global expansion of our unique way of life.

My twenty-third book via Quanaah Publishing, A Legacy of Giants was written to honor and build upon the benefaction of those Five Percenters, past and present, who have made and are making a positive contribution to this world and all of its human family members.

ORDER HERE

Your investment in our literature goes directly to support the projects, programs and initiatives of the Atlantis School For Gifted Youngsters. Thank You!

Peace,

Saladin

The Content Era: 2022 is the Year of Creatives and Entrepreneurs

     Charlemagne Tha God's recent interview with Chloe Bailey about why she deleted an Instagram video licking a lollipop is an indicator of how long his platform is going to last. Content about licking a lollipop?! Really? 😳 I have said this on numerous occasions; 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 blue magic to Instagram, Facebook, Twitter, TicTok 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... We have to be able to control our Content. If some entity steals our Content then we can sue them; like Bev Standing did TikTok after she found out that they used her text-to-speech voice without permission. If we don't have that ability, we will be used as Content slaves.

     The obvious question is, "What can we do to control our Content?" The first thing that I would encourage people to do is to PROTECT THEIR BRAND. Even if you think that the Content that you share is for fun, PROTECT IT. If you have a Logo, Business Name, a unique Phrase or Hashtag that you use, trademark it! It is better to have it and not need it now than to need it after something you shared goes viral or some celebrity with 2.6 million followers uses it without giving any credit to you. Remember when it was announced that the Washington [Redskins] were going to change their team name? Well an Actuary [Risk Manager] named Martin McCaulay who had been stockpiling trademarks for years already owned many versions of the Washington team name such as Washington Red-Tailed Hawks, Redtails, Veterans and Warriors to name a few. If the Washington team wants to use any of his trademarks they would have to get licensed permission from him, which is not free. What about Durell Smylie? He successfully trademarked his viral phrase "Where The Money Reside" that entertainers like Saweetie, Meghan the Stallion and others were graciously using on their social media. Smylie also began to create merch bearing his trademark, lend his voice to advertisements and paid partnerships, appearing on television and showing up at celebrity parties. These are just some examples of how people have positioned themselves in this digital domain to PROTECT THEIR BRAND and how it works in our favor. 

     The next thing I would encourage people to do is stockpile Content before they officially put themselves out there. I have seen people with excellent ideas yet they failed to assess the time commitment necessary to create consistent Content. I have seen a person put out 3 or 4 great episodes or articles and the next thing you know it's damn near a year later and they disappear. What happened? They never really studied and prepared for the Content demand. They also did not make an honest assessment of their time and dedication to this work. If you want to start a Podcast you need to be clear on the amount of time you can unquestionably dedicate to it. If you are a family man with 3 children under ten-years-old, you probably should not tell everybody that you are going to have a Podcast Mon, Wed and Fri from 4pm to 7pm. If your office includes Starbucks Wi-Fi, you may not want to tweet to folks that you are dropping 1400-word articles 4 times a week while working on your first article during a morning rush. If we cannot honestly envision ourselves consistently maintaining that output of Content for at least three years, then we need to rethink the time we can dedicate to this. It is work! For the family man, maybe doing a Podcast from 8pm-9pm every Wednesday after your children are in bed is more realistic. For the Blogger, maybe writing a weekly article at your residence and only coming to Starbucks to upload it while you grab an oatmilk frappuccino is best. If you intend on starting something new in 2022, whether that is writing articles, Podcasting or Vlogging, stockpile at least six months of Content before you launch. Plan ahead! It is far better to have that Content available when you need it instead of scrambling to find something to write about, someone to interview or something to talk about. When you don't have anything to say people can see through it and your analytics will reflect it. That undermines our ability to build our readership and/or listening audience.

     If you are already out there then ask yourself, "Does my Content consistently represent my brand?" If someone were to click on your unique Hashtag do those posts accurately reflect the posts that you have made? Sometimes you may need to go back and meticulously update and/or link that Content to reflect your digital footprint. For example, I have well over eight hundred YouTube videos and I had to go back and add/change descriptions, keywords, create playlists and etc. on many of them to make sure that they were uniform with my brand. Again, this is work and a serious time commitment that we need to honestly assess. 

     For at least two decades I have consistently used this digital space as a medium to communicate my projects, programs and initiatives around education, youth advocacy and community outreach. I have been able to maintain this Content creation because it is based upon actual work that I do. I don't need to look for anything to write or talk about. That is the real key to consistent Content creation in this online space; to live a content life offline. When the shutdown happened and film/television production houses came to a grinding halt, entertainers were out of work and entertainment venues closed, this exposed the fact that we are in a Content Era. It also revealed that many people were/are online because they are not content offline. 

~SUPPORT HERE~

     As we closed out this Gregorian calendar year, I look forward to seeing more people controlling their destiny as Creatives and Entrepreneurs. Don't just talk about what you are going to do; prepare and plan to put your best foot forward with the goal of sustainability. Don't burn yourself out, pace yourself! If you are not a Creative or Entrepreneur then I encourage you to support those of us who are showing that we appreciate that support by investing in our communities, cities or online network. 

Peace,

Saladin