Inherently Distinctive Podcast

Protecting Your IP Across State Lines: What Happens When Your Business Expands

Episode Summary:
Mark Goodman and Ted Sutton dissect the paused federal Corporate Transparency Act, emerging state-level transparency laws, and trademark expansion challenges. The episode closes with insights on Ted Sutton’s forthcoming civics-education book and card game for youth.
Key Timestamps:
00:01 - Show Introduction  
00:30 - Guest Recap (Ted Sutton)  
01:00 - Corporate Transparency Act Overview  
03:00 - Federal Pause & State Alternatives  
05:00 - New York LLC Transparency Act  
07:00 - Foreign Qualification Triggers  
09:00 - State vs. Federal Trademarks  
11:00 - Prior-Use Conflicts in Expansion  
13:00 - Ted’s Book: Greenback’s Book of Law  
15:00 - Civics Education Gap  
16:30 - Closing Remarks  
About the Show:
"Inherently Distinctive with Mark Goodman" is a podcast that equips startups, creatives, and small businesses with strategic IP insights. Mark Goodman delivers Nevada-focused guidance on trademarks, patents, and asset-aligned entity planning.

Who Really Owns It? Keeping Your Brand, Ideas, and Assets Under the Right Roof

Episode Summary:
In this follow-up episode, Mark Goodman and Ted Sutton clarify ownership of trademarks, patents, and copyrights as businesses scale. The discussion covers entity structures, employee/contractor assignments, partnership agreements, and proactive steps to avoid costly disputes.
Key Timestamps:
00:01 - Show Introduction
00:30 - Guest Recap (Ted Sutton)
01:00 - LLC as IP Foundation
02:30 - Trademark Ownership Clarity
04:00 - Holding LLC Strategy
05:30 - Early Written Agreements
07:30 - Fraudulent Transfer Risks
09:00 - Employee/Contractor IP Assignment
10:30 - Charging Order Protection
12:00 - Partnership Exit Planning
14:00 - Getting Clarity on Ownership
15:30 - Litigation vs. Prevention Cost
16:30 - Closing Remarks
About the Show:
"Inherently Distinctive with Mark Goodman" is a podcast that equips startups, creatives, and small businesses with strategic IP insights. Mark Goodman delivers Nevada-focused guidance on trademarks, patents, and asset-aligned entity planning.

From Idea to Entity: Building a Business That’s Legally Protected from Day One

Episode Summary:
In this collaborative episode, Mark Goodman and guest Ted Sutton explore the synergy between intellectual property protection and business entity setup. The discussion covers LLC timing before IP filings, asset-holding structures, trademark pitfalls, and building a professional team for long-term success.
Key Timestamps:
00:01 - Show Introduction
00:30 - Guest Introduction (Ted Sutton)
02:00 - Ted’s Background & Path to Law
04:00 - Mark & Corporate Direct Synergy
05:30 - Entity Before IP Filing
08:00 - Sole Prop vs. LLC vs. Corp
10:30 - IP Holding LLC Strategy
13:00 - Trademark Ownership Nuances
15:00 - Asset Protection Roadblocks
17:00 - Day-One Advice
18:30 - Closing Remarks
About the Show:
"Inherently Distinctive with Mark Goodman" is a podcast that equips startups, creatives, and small businesses with strategic IP insights. Mark Goodman delivers Nevada-focused guidance on trademarks, patents, and asset-aligned entity planning.

Patent or Trade Secret? Choosing the Right Protection for Your Innovation

Episode Summary:Nevada-based intellectual property attorney Mark Goodman explains how to decide between patenting your innovation or keeping it a trade secret. He breaks down how each protection works, what they cover, and when one option makes more sense than the other. From Coca-Cola’s secret formula to Google’s algorithms, Mark shares real-world examples and legal insights that help innovators make smart IP decisions.
 
Key Timestamps
00:00: Mark Goodman discusses the key differences between patents and trade secrets.02:30: How patents work, the filing process, and what rights they provide.05:00: Examples of famous trade secrets and how companies maintain them.08:30: Practical steps businesses should take — NDAs, confidentiality policies, and data security.11:00: Why companies can lose trade secret rights if not properly protected.13:30: How trade secret laws differ from patent laws when others create similar ideas.15:00: Mark’s advice on how to make the right choice based on your type of innovation.
 
About the Show
Inherently Distinctive explores intellectual property and brand protection through the lens of real-world business challenges. Each episode features legal professionals who simplify complex IP topics for entrepreneurs, creators, and business owners.

Common Office Actions and How to Overcome Them

Episode Summary:
In this episode, Attorney Mark Goodman, a Nevada-based intellectual property attorney, breaks down one of the most common roadblocks in the trademark and patent process — Office Actions. He explains what they are, why the USPTO issues them, and how business owners, startups, and inventors can respond effectively. Mark shares practical strategies to avoid application delays, prevent abandonment, and improve the chances of approval. He also highlights when it’s time to bring in an attorney and why legal guidance can make or break a filing.
Key Timestamps:
00:40: What an Office Action is and why it’s issued02:10: Trademark deadlines: new 3-month rule and extension options04:50: What happens if you miss an Office Action deadline07:30: The risks of abandoned applications and how to revive them09:40: Common Office Action reasons in patent filings11:30: How examiners find conflicts or “prior art”13:00: Substantive vs. non-substantive Office Actions explained15:20: Common trademark issues: conflicts, descriptiveness, and generic marks16:40: Why handling Office Actions alone is risky18:00: When and how an attorney can help strengthen your response
About the Show:
Inherently Distinctive is a podcast for business owners, entrepreneurs, and creators who want to understand how intellectual property law protects their ideas. Each episode features insights from experienced attorneys covering trademarks, patents, and the strategies behind strong brand protection.

Should You Trademark Your Business Name, Logo, or Both?

Episode Summary
In this episode of Inherently Distinctive, Mark Goodman, a Nevada-based intellectual property attorney, explains the key differences between trademarking a business name, a logo, or both—and why understanding this distinction is crucial for protecting your brand identity.
Mark breaks down what each type of trademark covers, how they protect your business in different ways, and the order of priority when you’re limited on resources. He also discusses how design elements, color, and slogans can impact your protection strategy, and shares practical examples from well-known brands like Nike, Starbucks, and UPS.
If you’ve ever wondered whether to file a trademark for your name, your logo, or both, this episode gives you a clear roadmap to make a smart legal decision that fits your business goals.
Key Timestamps
00:00 – The difference between trademarking a business name and a logo02:30 – Why combining both in one filing can weaken your protection04:00 – How to prioritize: name first, logo second, slogan third06:00 – When a logo might be more valuable than a name08:00 – The impact of design and color on trademark strength10:00 – Choosing between color and black-and-white filings13:00 – How famous brands use color as part of their trademark strategy15:00 – When and why to trademark slogans or catchphrases17:00 – Timing your filings when rebranding or launching new products20:00 – Common mistakes when filing the wrong type of application21:00 – Building a “trademark wall” to protect your brand over time
About the Show
Inherently Distinctive features Mark Goodman, a Nevada intellectual property attorney helping entrepreneurs, founders, and creators protect what makes their brands unique. Each episode offers practical legal insight on trademarks, copyrights, and brand strategy, empowering business owners to secure their ideas and grow with confidence.

The First Trademark Search: What You Don’t Know Can Hurt You

Episode Summary:In this episode, Mark Goodman, a Nevada-based intellectual property lawyer, explains why a proper trademark clearance search is essential for entrepreneurs, inventors, and creative professionals. Many business owners rely on Google or the USPTO site alone, but Mark breaks down why a thorough professional search is necessary to protect your brand, avoid legal conflicts, and save time and money.
What You Will Learn in This Episode:
What a trademark clearance search is and why it matters.
Why Google and USPTO searches alone are not enough.
How to evaluate potential conflicts with existing marks.
Practical tips for startups on budget-friendly search options.
Real-world examples of businesses facing trademark conflicts.
How professional guidance can prevent costly mistakes and legal headaches.
Key Timestamps:
00:00 – Introduction to trademark clearance search01:30 – Trademark analogy: Dating and being “married” to a name04:50 – Understanding potential conflicts: Marks, products, and commerce channels06:30 – Why professional guidance matters09:45 – Real-world examples of trademark disputes14:30 – How a search helps with trademark application process16:20 – Tips for startups on budget-friendly search options17:25 – Closing and resources
About the Show:
Inherently Distinctive is a podcast featuring attorney Mark Goodman, whose practice focuses on patent law, trademark law, copyright law, and business law related to innovation. The show provides valuable insights and practical advice for businesses and individuals navigating intellectual property matters.

Who Owns Your Trademark? Legal Rules Every Startup Founder Should Know

Episode Summary:In this episode of Inherently Distinctive, attorney Mark Goodman dives into a deceptively simple question: Who owns your trademark? From LLCs to sole proprietors, Mark breaks down the legal nuances of trademark ownership and the real-world consequences of getting it wrong. He shares hard-earned lessons from real-life trademark disputes, including issues around ownership structure, invalid applications, and improper assignments. Whether you’re a founder, startup team member, or contractor, this episode is packed with essential advice to help you protect your brand and avoid costly missteps.
Key Timestamps:
00:00 – Introduction: Who owns your trademark?00:40 – The legal owner of a trademark: person, business, or both?01:06 – Why sole proprietors are legally fine—but financially vulnerable01:53 – Protecting your personal assets through LLCs and corporations02:24 – Why trademarks must be filed in the name of the selling entity02:37 – Case law: The danger of filing under the wrong name03:45 – Why incorrect trademark ownership can void your entire application04:23 – A real-world war story: When a big brand tried to cancel a client’s trademark05:27 – First to use vs. first to file—why U.S. law favors use06:09 – Filing under the wrong person (e.g., the owner's son) can backfire06:32 – Do ownership disputes ever arise between partners and employees?07:05 – The real danger: flying blind on applications and ownership07:40 – Mark’s process: Due diligence and checking LLC status before filing08:58 – Transferring trademarks between entities: what to know09:44 – The risk of “naked assignments” without goodwill10:56 – A clean transfer: The do’s and don’ts of trademark assignments11:17 – Freelancers and IP: Should they ever own your trademarks?12:45 – Why lawyers (and insurers) don’t want to take equity in IP13:34 – Contracting work-for-hire: How to ensure you retain IP rights14:48 – Final advice: Take trademark ownership seriously from day one
About the Show:
Inherently Distinctive is a podcast featuring attorney Mark Goodman, whose practice focuses on patent law, trademark law, copyright law, and business law related to innovation. The show provides valuable insights and practical advice for businesses and individuals navigating intellectual property matters.

Provisional Patents Explained: How to Protect Your Idea Before a Full Filing

Episode Summary
In this insightful episode of Inherently Distinctive, intellectual property attorney Mark Goodman explains the fundamentals of provisional patent applications and how they can be a strategic first step in protecting new inventions. This conversation dives deep into how provisional patents work, the difference between provisional and utility applications, what inventors should include in their filings, and how to make the most of the one-year window before full patent filing. Mark also shares tips for entrepreneurs on minimizing risk and maximizing traction before investing heavily in a utility application.
Key Timestamps:
00:00 – Introduction00:38 – What Is a Provisional Patent Application?01:34 – The Purpose of a Provisional Patent02:00 – What Should Be Included in the Application?03:00 – Transitioning to a Utility Patent04:02 – Cost Benefits and Strategic Exit Points05:21 – Filing Strategy and Timelines06:36 – Are Provisional Applications Published?07:46 – Establishing Priority Dates and Legal Protection08:33 – Can Utility Claims Expand Beyond the Provisional?10:03 – Disclosure Strategy and Confidentiality12:02 – Making the Most of the 12-Month Window14:30 – Final Thoughts and Resources
 
About the Show:
Inherently Distinctive is a podcast featuring attorney Mark Goodman, whose practice focuses on patent law, trademark law, copyright law, and business law related to innovation. The show provides valuable insights and practical advice for businesses and individuals navigating intellectual property matters.
Connect with Mark Goodman:
🌐 goodmanlawnevada.com

Can You Trademark a Slogan, Sound, or Color? What Entrepreneurs Need to Know

Episode Summary:
In this episode of Inherently Distinctive, attorney Mark Goodman dives deep into the world of nontraditional trademarks. From the iconic chimes of NBC to the signature brown of UPS, Mark breaks down what entrepreneurs need to know about protecting brand elements beyond names and logos—including slogans, sounds, colors, and trade dress. He also explains the difference between design patents and trade dress, and how strategic filings can enhance your legal protection.
Whether you're branding a new product or expanding an existing business, this episode is packed with crucial information for safeguarding your intellectual property.
 
Key Timestamps:
00:00 – Introduction to nontraditional trademarks
00:39 – Can jingles and sounds really be trademarked?01:16 – “Just Do It”: Trademarking slogans and catchphrases01:44 – Why each trademark element requires a separate filing03:06 – Why registering your name in text form is most important04:24 – Building a comprehensive trademark “war chest”04:25 – What is trade dress and how does it differ from design patents?06:55 – Lifespan of design patents vs. trade dress rights08:13 – Why utility and aesthetics must be distinct to qualify10:19 – Can you trademark a color? UPS brown and other examples11:58 – When to claim color in your trademark application13:32 – Strategic tips for black-and-white vs. color logo filings15:30 – Which industries benefit most from nontraditional trademarks16:34 – The process of filing sound marks and trade dress17:29 – Most unusual trademark case: restaurant layout as trade dress19:18 – Final thoughts and how to connect with Mark
 
About the Show:
Inherently Distinctive is a podcast featuring attorney Mark Goodman, whose practice focuses on patent law, trademark law, copyright law, and business law related to innovation. The show provides valuable insights and practical advice for businesses and individuals navigating intellectual property matters.
Learn more at: goodmanlawnevada.com