Why building in secret is your strongest move energetically and legally
Why It’s Essential to Build Quietly
Motivation is a finite resource. Every entrepreneur knows that if we ran purely on motivation, we wouldn’t have businesses.
It’s like a phone battery. Every time you publicly announce that you’re going to build or launch something new, and talk about what you’re going to launch before you’ve actually built anything, you get a dopamine hit, but you drain that battery. Dopamine is the neurochemical of achievement. By sharing about your offer before it’s actually built, your brain gets the validation that usually comes after something is completed and launched. Meanwhile, you haven’t actually finished anything yet, which makes it harder to execute on your plans. I personally have a whole graveyard of ideas I talked about too soon and then never built out because I lost steam and/or moved on to another new idea…may they all R.I.P.
Even more insidious: when you speak about something you want to create before it’s finished, you subconsciously invite other people’s opinions and doubts. I made this mistake recently; I told someone I’m close with about an idea I was excited about, and while their lackluster response didn’t dissuade me from launching, the energetic drain of feeling like I needed to justify why it was a great idea and the annoyance I felt at myself after for doing so was a total waste of time.
When you tell people your ideas, what starts as a creative download or intuitive hit becomes a springboard for unwanted energetic interference.
Pre-Build Legal Protection
So you’ve pushed past the lure of quick dopamine hits and the pressure to announce every new idea. Now what? How can you legally protect what you’re building?
It’s important to start thinking about legal protection as soon as you’ve conceived of a new offer. This isn’t fear mongering from a risk-averse attorney. In the online space, copyright infringement is absolutely rampant, so sharing ideas and names too soon is risky.
Also, intellectual property law, by design, doesn’t protect ideas themselves. It’s structured to balance creativity with commerce so that innovation isn’t stifled. IP law protects the expression or implementation of ideas, not the ideas themselves. Copyright law protects how an idea is expressed (like words in a book or a blog post), trademark law protects how a brand identifies itself in the marketplace (e.g. brand name, podcast name, logo), and patent law protects specific inventions or processes. But none of these protect a concept, theme, or thought. The law draws this line intentionally to avoid giving anyone a monopoly over an abstract idea, which would suppress creativity and progress rather than encourage it.
Taking the right legal steps to protect what you’re building, even before it launches, is therefore critically important. My top clients come to me as soon as they have a brainwave, and we map out a strategy and plan of action together. Some examples of what we work through:
Key Steps to Protect Your New Idea
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Trademark filing:
We file what’s called an “intent-to-use” trademark application, which essentially puts the name on hold. It deters anyone else from trying to register the same name or anything similar, because they’ll see we already have an application pending. While you’re building your new offer, your trademark application moves through review. Given that trademarks in the U.S. take on average 12-18 months, this is important. Once you launch, we amend the application to include evidence of use.
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👉 👉 Avoid waiting to trademark. Waiting until launch is a gamble. If someone files before you, you could be forced into a rebrand, even if you already own the domain or an LLC with that name.
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Review business structure.
We decide whether this new offer will live under their current brand and business or whether it should have its own entity (like a separate LLC or DBA).
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Secure digital assets quietly.
Even if you plan to sell your new offer through your main brand’s site, it’s worth purchasing the domain name in your offer’s name and quietly securing social handles. You can always redirect the new URL to your main site, and this helps keep copycats at bay, and avoids public confusion if someone else secures the domain name in the name of your offer.
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Use NDAs if necessary.
Depending on the level of secrecy required, I may draft NDAs for contractors or investors to protect the idea and its name. You can even use code names in documents and pitches for added protection.
The Takeaway
Your best move-both energetically and legally-is to build in secret. Keep your energy contained instead of drained, avoid outside interference, and protect yourself with the right legal framework.
If you have an idea and a name you love, we can help. Head to our Trademarks page to get started. We accept Klarna for trademarks, so you can spread payments over up to 24 months, depending on what you qualify for. You also have an NDA contract template, or you can reach out to discuss custom options.
What’s New at Solivagant Legal
My Fractional General Counsel Service is the next-level legal and strategic shift for scaling businesses. It’s designed for business owners who want a lawyer embedded in their business for a day, a week, or a month to provide premium legal protection and advanced strategy.
I’ve also reopened a limited number of custom contract review and drafting spots. Previously, this was just reserved for past and current clients with the launch of my Fractional General Counsel Service as I’m time-strapped, but I’ve had so many inquiries, and the last thing I want is businesses running to ChatGPT. If you need a contract tailored to your business, please reach out. We also accept Klarna for contracts, so you can spread payments over up to as long as 1-2 years, depending on what you qualify for.