How to Legally Protect your eCommerce Business ft. Francesca Witzburg
December 18, 2021

How to Legally Protect your eCommerce Business ft. Francesca Witzburg


“Businesses and entrepreneurs have to value their intellectual property and their protections, as much as they value growth in scaling.” - Francesca Witzburg

Welcome to Brave and Boss with Kristi Soomer. In this episode, we speak with Francesca Witzburg, an Intellectual Property Lawyer, on how to protect our businesses. While legal talk may fly over many of our heads, protecting your intellectual property is something you do not want to see the wrong side of in your business.

Francesca Witzburg, Esq., is an award-winning attorney and legal strategist helping businesses stay protected and profitable. She has worked with some of the top global brands including Prada, Versace, Tory Burch, and at the largest law firm in the world. She’s currently a partner at the nationally-ranked IP law firm, Loza & Loza. Francesca’s practice centers on all aspects of trademark, copyright, and brand protection matters, as well as commercial transactions.

Francesca helps entrepreneurs and businesses in entertainment, fashion, beauty, luxury, technology, and consumer product industries protect, enforce, and monetize their intellectual property assets. She reviews their current assets to see what protections already exist, sees where clients have major gaps and exposure, and then designs a personalized protection strategy that includes education and ongoing support. Francesca has counseled top businesses, celebrities, artists, athletes, and influencers. She also advises an array of clients from Fortune 500 companies.


[00:01] Who is Francesca Witzburg

  • Catching up on what’s going on with eCommerce
  • There is no better time than now to revisit your email marketing strategy and master it:
  • Introducing you to Francesca
  • Francesca shares her story and background
    • An intellectual property, contract attorney, and legal strategist
    • Interning and working at Prada, Tory Burch, and many Fortune 500 companies


[7:14] Why Is Legal so Important Yet So Overlooked? 

  • Fundamental things that business owners need to be thinking about before they start their business
    • Legal counsel MYTHS:
      • Legal protection is just for large companies
      • Lawyers are inaccessible, expensive, and only for fixing problems
    • Where to start
      • Trademark
      • Copyrighting your unique creative elements
      • Contracts
    • For small businesses, at least register your trademark in your home country
    • Are Shopify templates a good place to start?


[17:49] Busting Legal MYTHS

  • You don’t have to spend a lot of money on intellectual property protections
  • How to find accessible legal service options for small businesses
    • Find someone who is in your area of expertise


[24:21] Practical Legal Questions and Advice

  • Does registering your trademark really protect you on social media?
    • Your trademark limits you to protection geographically
    • What you get when you DON’T register a trademark registration
    • If you get into a trademark battle, where are your rights?
  • Is there such a thing as too many contracts?
    • If a manufacturer doesn’t want to sign a contract, give them a term sheet
    • Get your intellectual property protections in place in the countries where they operate


[36:17] What Francesca is Working On and Hot Seat Questions!

  • Find a good lawyer who will help you save money!
  • Visit Francesca’s Instagram @thetrademarkattorney to get connected to her and set up a free consultation with her
  • What’s one non-negotiable step in your morning routine?
    • Movement
  • What is your favorite business book?
  • Favorite Podcast?
    • Brave and Boss!
  • What is one outfit you would wear for the rest of your life?
    • Black skinny jeans and a turtleneck and blazer
  • If you had an extra $1,000 in your business what would you spend it on?
    • Someone to help with Facebook Ads and legal of course!


[40:58] Closing Up!

  • Connect with Francesca with the links below


Key Quotes:

“The typical perception of a lawyer is that they're expensive, troublesome, and you only go to them when you have problems. And that is also another total myth. You should look at a lawyer as a legal strategist. You should work with those types of lawyers early to figure out what types of things you need in your business to protect yourself early,” - Francesca Witzburg


“I literally know someone who has spent $1,000,000 rebranding, when it would have cost them $1,250 to get their trademark on file.” - Francesca Witzburg

Connect with Francesca

Visit her on Instagram @thetrademarkattorney


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