Francesca M. Witzburg, Esq.

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Francesca M. Witzburg, Esq.

Francesca Witzburg is an award-winning trademark & intellectual property lawyer that helps businesses stay protected and profitable.

She advises entrepreneurs, coaches, brands, and talent. Book your free IP consult with Francesca today!

08/08/2024

During the pandemic, I gave birth to my first son two months early. We were stuck in the hospital for 2 months while the people around us battled for their lives.

💡It was then that I had a radical realization.

I didn’t have to be unhappy. I could practice law in a way that made me and my clients happier.

The prior year I had clocked 2500 billable hours— a formula for burnout.

I almost gave up on law completely. But after rediscovering myself and relationships while the world shut down, and I took care of an under 4 pound baby, there was no time to waste.

👥I left big law to build my own book of business. I started connecting with people who I wanted to work for or with.

Seeing how different the world was, I decided to launch a firm leveraging latest technology and efficiencies while building a client-centric and relationship-focused modern firm to deliver exceptional legal services to brands.

I had no idea that we grow to a team of 15 in a little over a year.

✅All I knew is that we were really freaking good at what we did. We continue to put the client first. We stay on top of trends to advise the client practically.

The next few years we’ll continue to focus on delivering cutting edge legal services in a modern way to meet the needs of evolving digital landscape.

🚀Thanks for being an important part of our journey!

And thank you for the feature.

02/08/2024

Nicole and I worked together when I was her outside counsel at Dentons and she was at Ellen DeGeneres.

We kept in touch and became good friends.

When she was looking to make a change and bet on herself, she joined me as Partner to build out ESCA into a premier law firm.

We envisioned representing global brands in a modern way, and in an environment that allows lawyers to thrive personally and professionally.

Fast forward to today and premier global brands have chosen to work with us to protect their businesses. We’re also now a team of 13!

Find your tribe and let the rest play out!

01/31/2024

Catching up with my former big law colleague Callie Pioli after what feels like a lifetime since the pandemic! Grateful for the journey we’ve been on since our paths last crossed. 💼💙

Networking isn’t just about professional growth; it’s about the incredible connections that withstand time.

Cheers to the power of genuine relationships and the joy of catching up with the people you appreciate dearly.

01/30/2024

This AI technology is reshaping the landscape of storytelling and filmmaking...

One of Hollywood’s leading talent agencies, Creative Artists Agency, recently unveiled the CAA Vault – a warehouse filled with several scanning stations that capture clients’ bodies, faces, and voices to create their AI replicas.

Right now, select CAA clients can use the Vault to make digital copies of themselves that will appear authentic on screen. The tool might be used to put an actor’s face on a stunt double’s body, or allow the actor’s mouth to move in sync with dubbed dialogue.

This technology is pushing the boundaries of filmmaking innovation, but also raises some ethical and legal questions. Many actors are concerned about ownership, control, and potential misuses of their digital representations. The Vault’s launch also comes on the heels of last year’s SAG-AFTRA strike, which saw actors secure significant contractual protections against the use of AI.

How do you see this new technology implicating name, image, and likeness rights? Leave your thoughts in the comments below!

References:

“Behind the Making of My AI Digital Double” by Erich Schwartzel https://archive.is/20231221140235/https:/www.wsj.com/tech/ai/behind-the-making-of-my-ai-digital-double-0ff22ac8 -4783.1-4783.46

“CAA is multiplying its clients with AI” by David Vendrell https://futureparty.com/caa-ai-digital-duplicates/

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👩‍💼We protect growing and global brands with trademarks, copyrights, and contracts.

💫 Our mission is to help companies take ownership of their brands by setting up the right legal protections strategically and globally.

📲 If you want to learn if your brand is protected, click the link🔗 in my bio to schedule a consultation.

🔔 Make sure to follow and hit the bell to get notified of our content if you enjoyed this!

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01/25/2024

3 of the biggest hiring lessons I learned from scaling my law firm & building my team:

#1. Look for people whose judgment you trust to avoid falling into the trap of micromanaging. Give them objectives with procedures and trainings, but let them do the problem solving. Having a team whose opinion you value is everything.

#2. Good attitudes all day every day. You can have the most glamorous clients but, let’s be honest, legal work is still legal work. Look to hire people who genuinely seem eager to help, learn, and are inherent optimists.

#3. Be the leader that you’d want to work for. It’s not enough to just manage people; you have to lead by example. Make sure your words reflect your actions and be intentional about how you act and inspire your employees.

Successful scaling comes down to creating trust, maintaining a positive culture, and embodying leadership qualities that guide a stellar team!

📸 .uupfront

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👩‍💼We protect growing and global brands with trademarks, copyrights, and contracts.

💫 Our mission is to help companies take ownership of their brands by setting up the right legal protections strategically and globally.

📲 If you want to learn if your brand is protected, click the link🔗 in my bio to schedule a consultation.

🔔 Make sure to follow and hit the bell to get notified of our content if you enjoyed this!

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01/19/2024

Balancing work life, social life, mom life and self care amongst the constant illness and holiday breaks is a job itself 😁

Rolling with all with the punches and equally enjoying all the moments.

01/18/2024

Don’t underestimate these tools when trying to protect a business or a product! ⤵️

✅ Copyright - A potent tool with potential damages of over $150k per work, copyright registrations can be a very powerful means of enforcement.

✅ Design Rights - Certain jurisdictions, like in the EU and UK, provide sui generis design rights that are separate from patents and trade dress. These rights offer a relatively easy and affordable way to safeguard your creations and are perfect for online takedowns.

✅ Design Patents - If your product boasts a unique design, consider filing for design patents. Unlike trade dress protection, design patents don’t require a showing of acquired distinctiveness.

✅ Trade Dress - Protect the overall look and feel of your product design under a trademark right called trade dress. If it resonates with consumers, it’s worth safeguarding!

✅ Customs Recordals - Record your trademarks, logos, AND copyrights with US Customs & Border Protection. Include a counterfeit identification guide to assist customs in identifying potential infringements.

Remember, there are SO many IP tools in the toolbox beyond traditional word mark and logo protection.

📸 .uupfront

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👩‍💼We protect growing and global businesses with trademarks, copyrights, and contracts.

💫 Our mission is to help companies take ownership of their brands by setting up the right legal protections strategically and globally.

📲 If you want to learn if your business is protected, click the link🔗 in my bio to schedule a consultation.

🔔 Make sure to follow and hit the bell to get notified of our content if you enjoyed this!

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01/16/2024

The viral pink Starbucks x Stanley collaboration is a great case study highlighting the strategic alignment of brands and the importance of intellectual property protection in such a powerful partnership.

Here are a few factors that played a HUGE role in making this partnership an instant sensation...

#1. Exclusivity. Starbucks took the concept of limited edition to a whole new level. The coffee giant's third collaboration with Stanley was sold exclusively at its Target locations, causing mayhem at stores nationwide. The exclusive nature of the collaboration generated much excitement, prompting fans to fight to get their hands on this unique Stanley tumbler.

#2. Strategic use of social media. Starbucks leveraged the power of platforms like Instagram, showcasing the Stanley drinkware in a visually appealing and shareable way. The companies also leaned into TikTok virality and the power of user-generated content to spread brand awareness. This emphasizes the necessity for brands to protect their visual identity and trademarks, ensuring they have control over how their products are presented in the digital space.

It's interesting to think that Stanley is a 100+-year-old brand by now and its main use was on worksites and in outdoor recreation. Their boom in popularity seems to be thanks to how they have embraced social media and catered to younger people in recent years.

#3. Powerful brands with distinct yet complementary fan bases. Starbucks and Stanley have both built strong brand identities; they came together to offer a product that appeals to both of their fan bases, creating mutual success. They also leveraged the powerful brand Target has built, only offering this limited edition product at Target locations in the US.

This partnership illustrates that when brands strategically align, effectively utilize social media, AND have strong brand protection in place, they have the potential to turn a limited-time offering into a cultural sensation.

References (in comments below)

01/09/2024

Well, that was fast.

A Mickey Mouse slasher film trailer was released on the same day that Disney's 'Steamboat Willie' entered the public domain.

The trailer for the slasher introduces a dark and suspenseful take on the original Mickey, challenging norms and showcasing the power of creativity. But, this move isn't without controversy.

Disney, known for protecting its intellectual property, faces challenges in navigating this unexpected twist. Though the 'Steamboat Willie' version of the character has become public, modern Mickeys featuring his iconic red shorts and big eyes remain protected by copyright and trademark law. While Disney is still committed to enforcing its rights against unauthorized uses of its corporate mascot, the slasher film's release raises legal questions as to the scope of IP ownership in entertainment.

The Mickey Mouse slasher film has become a focal point for discussions on the evolving landscape of intellectual property, artistic expression, and finding a balance between preserving cultural icons and allowing creative reinvention.

This case highlights the dynamic nature of creativity and how beloved symbols of the past can take on entirely new meanings.

What are your thoughts about Disney's iconic character being showcased as a killer in this upcoming horror comedy film?

References:

"Trailer for Mickey Mouse Slasher Film Drops on Same Day 'Steamboat Willie' Character Enters Public Domain" by Kimberly Nordyke https://www.hollywoodreporter.com/movies/movie-news/mickey-mouse-slasher-film-trailer-drops-steamboat-willie-public-domain-1235777382/

"Mickey Mouse will soon belong to you and me - with some caveats" by Andrew Dalton https://apnews.com/article/mickey-mouse-public-domain-disney-minnie-tigger-1dbfa3982a172334503bc8cf87302b6f

"Mickey Mouse Is Now in the Public Domain After 95 Years of Disney Copyright" by Anna Gordon https://time.com/6551496/mickey-mouse-public-domain-steamboat-willie/

01/05/2024

This is a massive problem that keeps getting bigger for brands...

What used to take months takes just MINUTES. Counterfeiters can easily knock off a brand, filling e-commerce and social media platforms with fakes and knockoffs.

Even small companies that used to only worry about fake goods at home now have to think globally. They've got to step up their game and protect their brand all around the world to fight against all kinds of fraud.

Threats are everywhere, so safeguarding a brand means being proactive on a GLOBAL scale. It's not just about what is happening around you anymore. It's about staying ahead of the game worldwide.

📸 .uupfront

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👩‍💼We protect growing and global businesses with trademarks, copyrights, and contracts.

💫 Our mission is to help companies take ownership of their brands by setting up the right legal protections strategically and globally.

📲 If you want to learn if your business is protected, click the link🔗 in my bio to schedule a consultation.

🔔 Make sure to follow and hit the bell to get notified of our content if you enjoyed this!

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Address

502 Washington Blvd.
Jersey City, NJ
07310

Website

http://esca.legal/

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