Future of IP Protection Podcast

Welcome to the Future of IP Protection podcast! This show is dedicated to arming companies with the skills, know-how, and technology they need to future-proof their IP protection strategy for the years ahead. Each episode features an interview with a successful IP professional to learn from their experiences, distill their best practices, and leave our listeners with actionable insights that can immediately be put to work. This podcast is hosted Branddy Spence, Head of Marketing for MarqVision. For more information, visit: https://www.marqvision.com/.

Listen on:

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  • Spotify


Tuesday Aug 15, 2023

In this episode, Branddy speaks to Paul Foley, Head of Brand Protection at StockX, an online marketplace and clothing reseller. They talk about why brands need a multi-layer approach to their authentication strategy, which includes registration, enforcement, protection online, and more, and advice on how to go about putting that strategy in place. They also discuss the role AI and ML might play in IP protection and counterfeit detection, how brands can prepare for a future where resale platforms only increase, and why collaboration is key to IP protection.
Topics discussed:
How Paul made his way to brand protection by starting in supply chain and sourcing, then joined a team to combat counterfeiting before becoming Head of Brand Protection at StockX.
Why brands need a multi-layered approach to protecting their IP that includes tells on the product, enforcement, and having an online strategy.
What role AI and ML will play in the future of IP protection, and how it can help to detect counterfeits as quality only gets more sophisticated.
Advice for brands on how to work with platforms like StockX, and how to combine information to combat counterfeiters.
What brands need to know about the future of IP protection, especially as resale platforms will only get more popular.
Top advice for brands looking to start better protecting their IP today.

Tuesday Jul 25, 2023

In this episode, Branddy speaks to Austin Hillam, Co-Founder at ZipString, a handheld physics toy developer and manufacturer. They talk about the creation of ZipString, how quickly counterfeits and scams popped up, and the efforts they've spent combating those companies. They also discuss the impact of counterfeits that go beyond just monetary, best practices for keeping your IP safe around the world, and advice for founders, including to find knowledgeable partners early.
Topics discussed:
How Austin and his co-founder created ZipString, how it gained in popularity after a viral video, and their experience getting a deal on Shark Tank. 
How counterfeits and scams started popping up three months after their viral video, and what actions they took to get them taken down.
The various ways counterfeits and scams hurt the company, from taking market share, to misrepresenting the brand, to taking away time spent on innovation.
Lessons learned from taking down thousands of fake listings, including why you should go after their assets, the need to register your IP around the world, and how you can fast track the patent process.
How ZipString has adapted their approach to IP in order to keep their innovation engine running.
Why finding great partnerships in the beginning is crucial, and other pieces of advice for innovators and start-ups.

Tuesday Jul 11, 2023

In this episode, Branddy speaks to Lan Bui, Founder of Kawaii Lighting, LLC, which makes professional gear for content creators. They talk about how Kawaii Lighting was created, how it gained traction being used by influencers, and Lan's experience of being on Shark Tank. They also discuss what types of counterfeits or scams have popped up since, how Kawaii Lighting combats those counterfeits, and why Lan believes that having a great product and great customer service will leave cheap knock-offs by the wayside.
Topics discussed:
How Lan created Kawaii Lighting after a visit to the Huaqiangbei Electronics Market in Shenzhen, how the custom ring lights grew in popularity after make-up artists showcased them on social media, and what the experience of preparing for Shark Tank was like.
The different scams and counterfeit products Kawaii Lighting has seen appear in the market since they've started.
How Kawaii Lighting has their factory go after companies that are selling knock-offs directly.
Why Lan's approach to combating knock-offs is to create the best product available that will attract customers looking for high-quality goods.
Why Lan decided to avoid Amazon and create Kawaii Lighting’s own ecosystem for direct-to-consumer sales.
Advice for entrepreneurs and start-ups on what to keep in mind when faced with companies who make counterfeits of your products.

Tuesday Jun 20, 2023

In this episode, Branddy speaks to Meghan Wolfgram, Founder and CEO at SwiftPaws, a health and wellness lifestyle brand for pets. They talk about how SwiftPaws was created, Meghan's time on Shark Tank, and how they're combating the scams and counterfeits that have popped up since. They also discuss the need for IP protection early on, the processes for getting counterfeits removed, how counterfeit products can be a danger to customers, and advice for entrepreneurs on how to better protect their IP.
Topics discussed:
How Meghan created SwiftPaws and brought her product to life, and what it was like pitching on Shark Tank.
The importance of securing IP protection first before bringing your product into the world.
The types of scams and frauds that SwiftPaws has had to contend with, as well as counterfeit products that have cropped up.
How the Amazon Patent Evaluation Express (APEX) program works, and how Meghan was able to get a counterfeit product removed.
How counterfeit products can not only fool customers but can endanger them as well due to a disregard of safety procedures. 
Why Meghan relies on both a strong legal team and her investors for guidance and help if something goes wrong.
Advice to other entrepreneurs around IP protection, and to know the policies and procedures of the channels you're selling through.

Wednesday Jun 07, 2023

In this episode, Branddy speaks to Matthew Walters-Bowens, Senior Legal Analyst, Trademarks & Domain Names at Warner Music Group, an entertainment and record label conglomerate. They talk about how the landscape of IP protection has changed over the past ten years, steps recording artists need to take to protect their work, and the challenges they may face in doing so. They also discuss the role of AI in the music industry, and Matthew gives his advice for how to succeed in IP protection.
Topics discussed:
How Matthew was drawn to IP protection as a day job to support his singing and theater endeavors, and what motivates him the most about it.
How the landscape of IP protection has changed over the past ten years, from a focus on tracking down physical goods to enforcement on the internet.
The challenges to IP protection, specifically in the music industry.
How music industry professionals can raise awareness around IP protection with their clients, and how to balance protection with creative innovation.
The future of IP protection and how AI will play a role in it.
Advice for increasing awareness around IP protection, including keeping risk, timelines, cost, and mitigation top-of-mind.

Wednesday May 24, 2023

In this episode, Branddy speaks to Armand Ferranti, President and Co-Founder of Draft Top, a manufacturer and distributor of one-of-a-kind bar tools. During the episode, they talk about how Draft Top was created, how knockoffs of the product surfaced just after their Kickstarter campaign, and the steps they've taken to protect their brand and enforce their IP. They also discuss the benefits of getting a General Exclusion Order, how to create a veil around your brand for added protection, and why contingency lawsuits can be a more effective enforcement tool.
Topics discussed:
The creation of Draft Top, a tool used to improve the experience of drinking from a can, and how Armand pitched the product on Shark Tank.
How, after their Kickstarter campaign, knockoffs of Draft Top surfaced, and what steps they took to combat and enforce against counterfeits.
The story of how Draft Top went about getting a General Exclusion Order with the International Trade Commission in order to have ports of entry monitored for counterfeit products.
Other steps Draft Top took to enforce their IP and remove counterfeits from the internet, and the impacts to the company by doing so, like a drop in sales.
Advice for other companies on how to protect their IP by creating a veil around their brand, and why contingency lawsuits can be a more effective strategy.

Tuesday May 09, 2023

In this episode, Branddy speaks to Michael Benarde, Co-Founder & President at NightCap, a maker of drink spiking prevention products. During the episode, they talk about the creation of NightCap, their deal on Shark Tank, and the appearance of knockoff products shortly afterwards. They also discuss the ways small businesses can keep themselves protected, the financial challenges small businesses face in fighting counterfeiters across online marketplace platforms, and the different resources, programs, and organizations that can help.
Topics discussed:
​​How Michael started NightCap with his sister, how they evolved the product, brought it to market, and went on Shark Tank to receive the fastest deal in the show's history.
The challenges NightCap faces in trying to take down knockoffs of their product — 3,000 of them so far — and the game of whack-a-mole that they play across online marketplaces.
Which platforms are the most difficult to get knockoffs removed from, and how organizations like the IACC have helped NightCap to do so successfully.
Michael's experience with using Amazon's Neutral Patent Evaluation Program that evaluates infringement through a third-party law firm.
Advice for small businesses on how to go about protecting their IP, including using software to scan the internet, making sure to have IP protections in place, and looking to organizations like the IACC to help.
How fighting IP infringement is a financial challenge for small businesses, and why sometimes it's too costly to take action on certain platforms. 

Tuesday Apr 25, 2023

In this episode, Branddy speaks to Paul May, Vice President, Creative & Production at USAOPOLY. During the episode, they talk about how "The Op" goes about protecting their popular board games through registered trademarks and logos, and the ways in which software, customers, and factory tours have surfaced counterfeits. They also discuss what makes a successful IP protection strategy, the evolving role technology will play in IP protection over the next five years, how organizations like the IACC and getting to know your customs officers can help you, and why it's key to get everyone involved in protecting the brand.
Topics discussed:
How Paul finds counterfeits of USAOPOLY games, from customers raising concerns over poorly made pieces, to touring factories and finding them producing unauthorized pieces.
The strategies USAOPOLY uses to protect their IP, especially when a game itself can't necessarily be patented.
How emerging tech like 3D printing will only make it easier for bad actors to produce counterfeit products.
The collaborative nature of IP protection, from getting people in your organization involved, to networking with vendors and competitors to uncover counterfeits.
Lessons learned in protecting IP and finding counterfeits, and why often it starts with realizing you have a counterfeit problem in the first place.
How evolving technology will continue to make scouring the internet and finding counterfeits much easier for brands.
Three pieces of advice for brands around better IP protection, including registering trademarks, investing in people, and joining organizations.

Tuesday Apr 11, 2023

In this episode, Branddy speaks with Joseph Codispoti, the Chief of IP Counsel at BEDGEAR.  With a career spanning several years, he has developed a strong reputation for his outstanding legal judgment, leadership abilities, and practical guidance. Joseph's expertise encompasses a broad range of areas, including patent preparation, prosecution, and drafting, as well as IP portfolio development, claims management, and risk analysis.
During this episode, they discuss the importance of quality in IP protection, the evolution of IP law, why it’s important to find opportunities to participate in the use of IP, the future of IP, and more! .
Topics discussed:
The evolution of IP law and how it has impacted the role of IP professionals
The importance of quality in IP protection and the role of IP professionals in ensuring that quality
IP in business strategy and the importance of understanding the impact of IP on the overall business
Differences between patent and trademark law and how they impact IP professionals
The impact of tech on IP law and the changing landscape of IP protection in today’s world 
The importance of building relationships with inventors and brand managers in order to get a fuller picture of the IP being protected
The role of IP professionals in helping clients navigate the complexities of IP transactions
How Joseph sees his role as an IP professional changing in the coming years 

Tuesday Mar 28, 2023

In this episode, Branddy Spence speaks with Randy Houston Jr., Assistant General Counsel at Buzzfeed, and who has been working in the field of IP and entertainment law for 27 years.
During the episode, they discuss the unique challenges of protecting IP in the ever-evolving digital world, particularly with the shift from traditional brick and mortar businesses to online platforms. Randy shares his experiences working with startups that broadcast live musical performances over the internet in the late 1990s, his involvement in two groundbreaking projects: broadband initiatives in the early 2000s and TV Everywhere with NBC Sports in the 2010s, where he sees IP protection going, and his advice for newcomers in the industry. 
Topics discussed: 
Randy emphasizes the importance of keeping up with technology to stay competitive and relevant in any industry. 
The importance of having great relationships with foreign counsel and the need for new copyright laws to govern and protect content created via artificial intelligence. 
Protecting IP in the digital world presents unique challenges, as businesses shift from traditional brick and mortar to online platforms.
Why keeping great relationships with foreign counsel are important, as IP is global.
New copyright laws and what may be needed to govern and protect content created via artificial intelligence.
The challenges media companies face with social media and the use of other people's content, such as snippets of songs, images, or videos, especially with the rise of platforms like TikTok. 
Randy’s top three pieces of advice for IP professionals in the face of ever-evolving technology.


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