Podcast

Season 4, Episode 5. David-Irving Tayer – Mediation in Trademarks

Unlock the secrets of successful trademark mediation with insights from our esteemed guest, David Tyer. Discover how mediation in intellectual property disputes, especially those involving trademarks, can be a game-changer for businesses seeking to maintain valuable relationships and achieve innovative solutions. David, a seasoned attorney and certified mediator, shares his expert strategies for overcoming common trademark registration hurdles, such as avoiding conflicts and ensuring distinctiveness. Learn how strategic approaches like conducting meticulous prior rights searches and crafting effective agreements can help businesses confidently navigate the trademark maze.

Explore the world of alternative dispute resolution, where David elaborates on the benefits of mediation. We dive into real-life examples like cross-licensing agreements that showcase mediation’s power to foster collaboration without the adversarial atmosphere of a courtroom. These stories highlight how businesses can resolve disputes amicably and leverage each other’s strengths for mutual benefit. Through compelling narratives, we demonstrate how mediation can be a therapeutic process, allowing parties to express emotions and reach a deeper understanding, ultimately leading to creative outcomes not possible through litigation.

Finally, we emphasize the vital role of protecting and valuing intellectual property as key business assets. Our discussion covers the importance of maintaining active IP rights across territories and addressing modern challenges posed by digital platforms and technology advancements such as artificial intelligence and the metaverse. David sheds light on the proactive measures businesses can take to safeguard their IP assets, ensuring they remain valuable and relevant in today’s rapidly evolving landscape. Join us for an enlightening conversation that equips you with the knowledge to maximize your intellectual property’s potential and navigate disputes with a collaborative spirit.

Zodiac Season, Litigation Rising – Intangiblia™

Can you copyright a horoscope, enhance a century-old tarot deck and claim protection, or assign your stage name and lose it in court? We open the year by charting the legal sky where creativity, belief, and branding intersect—and sometimes collide. From a syndicated astrologer’s claim that near-identical forecasts kept running without a license, to a software company’s short-lived effort to assert control over historical time zone data, we unpack the crucial line between ideas and expression, facts and creativity, public domain and protectable derivative work.We also step into the studio with the icons. The Walter Mercado saga reveals how a personal brand can be transformed into a trademark owned by someone else, with lasting consequences for the artist behind it. Along the way, we explore what separates simple restoration from original creativity in tarot publishing, why databases of raw facts remain free for all, and how small wording choices in daily horoscopes can carry real legal weight. The thread tying it all together: the cosmos is shared; the way we package it is not.Expect practical takeaways for creators, publishers, and entrepreneurs: register original writing, document design decisions, start from public-domain sources rather than competitors’ upgrades, and read every clause before assigning names, logos, or likenesses. If you’re building an astrology app, launching a zodiac product line, or reviving classic esoteric art, this deep dive will help you navigate trademarks, copyrights, and contracts without dimming your creative light.Enjoy the episode? Follow the show, share it with a friend who loves law or the stars, and leave a quick review to help others find us. What boundary do you think should exist between shared culture and private ownership? Tell us—your take might shape a future episode.Send us a textCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats. The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
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