July 8, 2025

Courtney English: Your Business Bodyguard

Episode 53
“I am the problem solver. Let me get in the beginning.”

Courtney English: Your Business Bodyguard

Episode 53

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"You gotta feed your own house first, your own four walls. And you can't walk in, try to please everybody else. Cause you're gonna walk out busy and broke."

Meet Courtney English, a trademark business attorney and founder of Upscale Law who specializes in helping small business owners and entrepreneurs navigate the complete business lifecycle from startup to scaling. With expertise in brand protection, trademark law, and business contracts, Courtney has built her practice around being proactive rather than reactive, focusing on preventing costly legal problems before they arise. In this episode, she shares her journey from a small farm town to building a thriving legal practice, while revealing the critical legal steps every business owner must take to protect what they’ve built.

This episode is essential listening for current and aspiring entrepreneurs, especially women who are considering leaving corporate careers to start their own businesses or those already running small businesses without proper legal protection. Listeners will learn the three foundational legal steps every new business needs, how to protect their brand from copycats and domain thieves, why contracts are non-negotiable, and how to advocate for themselves in business relationships. Armed with this knowledge, business owners should immediately assess their current legal vulnerabilities, conduct trademark searches for their business names, establish proper contracts for all services, and most importantly, shift their mindset from seeing legal protection as an expense to viewing it as an investment in their business’s future success.

Show Notes

Introduction & Background (00:02 – 01:25)

  • Courtney English introduced as trademark business attorney at Upscale Law, specializing in helping small businesses through their lifecycle including startup, scaling, buying, and selling.
  • Courtney’s specialization includes contracts, trademark protection, and brand takedowns – recovering stolen brands from social media platforms like Facebook and Instagram.
  • Brand takedowns involve recovering copycats on social media handles, domains, and websites that redirect traffic or use similar names to steal clients.

️ Essential Business Formation Framework (02:36 – 04:54)

  • Three critical steps for new businesses within first 90 days: 1) Form business entity (LLC in Missouri costs $50), 2) Create contracts for services/hiring, 3) Trademark/branding protection.
  • Trademark protection runs both offense and defense – prevents others from coming after small businesses even if operating from home.
  • Emphasized not getting ‘married to names’ early in business – flexibility important when trademark searches reveal conflicts.

Trademark Search Process (06:01 – 08:24)

  • Recommended preliminary research: Google search first, then USPTO website for free trademark search before engaging attorney.
  • Dove Chocolate and Dove Soap example demonstrates how same names can coexist in different industries/channels of commerce.
  • Domain parking strategy: secure domains first while researching trademarks, as trademark applications are public and can lead to domain squatting.

Contract Importance & Common Issues (09:35 – 13:14)

  • Contracts establish boundaries in business – prevent being taken advantage of, especially for those leaving corporate jobs.
  • Common problem: women business owners hesitant to push contracts, especially in joint ventures or when receiving financial backing.
  • Example case:

    1,500 contract could have prevented

    50,000 in settlement fees.

  • Stress and divided attention from legal conflicts prevents business growth – rare for businesses to scale during legal disputes.

Branding Pitfalls & Social Media (14:30 – 16:50)

  • Instagram/social media influence leads to poor branding decisions – people adopt hashtags or trending terms without ownership research.
  • Self-advocacy challenges particularly common among women business owners – need to overcome fear of ‘shaking the trees’ or upsetting situations.
  • Generational differences noted – younger generation appears more confident, but issue still exists.

‍ Personal Background & Education (21:43 – 28:31)

  • Courtney grew up in small farm town of 1,500 people, originally wanted to be FBI agent.
  • Raised to question authority, seek truth, and stand up for oneself – parents didn’t believe in relying on others.
  • Seventh grade Henry Ford example: challenged teacher’s presentation with additional research, demonstrating early advocacy skills.
  • Transferred to private school junior year when country school ran out of classes – parents drove her 40 minutes daily.

Legal Education & Mindset Changes (32:04 – 35:24)

  • Law school fundamentally changes thinking patterns – moves beyond surface level to analyze multiple angles and nuances.
  • Roe v. Wade case example: learned it’s about privacy rights, not just right to choose – demonstrates complexity beyond headlines.
  • Legal training develops ability to see downstream consequences and ripple effects of decisions.

️ Trademark Law Specialization (36:01 – 39:55)

  • Chose trademark/small business law to be proactive rather than reactive – help people when they’re excited to build rather than in litigation.
  • Supports entrepreneurship and people taking control of their own livelihoods – ‘sticking it to the man’ mentality.
  • Entrepreneurial personality doesn’t fit well with big firm structure – creativity and innovation restricted by red tape.

Brand Takedown Process (47:06 – 50:19)

  • Requires registered trademark for effective brand takedown – provides ‘first line of defense’.
  • UDRP (Uniform Domain-Name Dispute-Resolution Policy) proceeding: international process through courts in The Hague for domain recovery.
  • 95% success rate on brand takedown cases due to having registered trademarks and proper documentation.
  • Filing fees range from

    1,500-

    3,000 plus legal fees – cost-benefit analysis important vs. principle-based decisions.

Client Success Stories (52:44 – 54:49)

  • Challenging trademark case: hashtag with curse word successfully registered after multiple office actions and detailed arguments.
  • Rent the Runway case: early contentious trademark dispute that resulted in client settlement and rebrand.
  • Education approach: walking examining attorneys through arguments rather than just demanding compliance.

Networking & Business Development (57:13 – 01:06:18)

  • St. Louis networking challenge: high importance of local connections and school backgrounds, requiring persistence and adaptation.
  • Key lesson: make networking about them, not yourself – ask questions and show genuine interest in others’ stories.
  • Neighbor connection example: relationship with accounting firm business development person led to valuable referrals and guidance.

‍ Target Client Profile (01:09:09 – 01:12:17)

  • Primary clients: women leaving corporate jobs (CEOs, marketing executives, directors) seeking flexibility for family/personal reasons.
  • Common pattern: HR and MBA professionals who tried job searching but realized corporate environment issues are systemic.
  • Consultation approach: helps clients plan exit strategy and business formation, often conducted secretly during lunch hours.

Business Philosophy & Approach (01:13:25 – 01:15:56)

  • Clients should be making money while working together – not just a sunk cost legal service.
  • Educational approach: providing business insights beyond just legal paperwork based on experience with multiple businesses.
  • Contact information: Upscale Law (upscalelaw.com), email: [email protected], LinkedIn for business tip videos.

Content Notice

This podcast and all She Lift Project content represents the opinions of Cynthia Kirkpatrick and her guests. The content here is for informational purposes only, and should not be taken as professional advice – financial, legal, medical, or otherwise.

Views and opinions expressed in the podcast and across all She Lift Project media channels are our own and do not represent that of our places of work. While we make every effort to ensure that the information we are sharing is accurate, we welcome any comments, suggestions, or correction of errors.

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