shutterstock_2062987472_elliott_cowand_jr
23 May 2022TrademarksTom Phillips

Netflix head: TM’s obsession with grades

When Jeremy Kaufman, vice president of IP at Netflix started out, he worked at a law firm.

While there, he noted a clear “upstairs-downstairs vibe” between trademark attorneys and paralegals.

“Trademark attorneys for the most part had their own offices and paralegals didn’t,” recalled Kaufman. “Trademark attorneys had their own meetings and paralegals were not invited.

“It occurred to me that although I was a trademark attorney, I didn’t know what I was doing and any paralegal could do laps around me.

“I just accepted that was how it is. I had my degree and that was the hierarchy, but it always struck me as slightly odd.”

This issue was unpacked at a lively seminar at the International Trademark Association’s Annual Meeting on Monday, May 3.

Speaking in “Moving beyond the ‘lawyer/non-lawyer’ hierarchy to improve your IP team” Kaufman said it was not until he joined Netflix—with what he called its “unique structure”—that he realised things could be done differently.

Sharing the stage was living proof of this approach, in the form of Kaufman’s colleague Ali Buttars, head of Global Trademarks & Brand Protection at the entertainment company.

Buttars, who comes from a paralegal background, is not an attorney. Yet, she rose to a senior role within a multi-billion-dollar company, despite not fitting the traditional mould.

In describing her journey, she said it helped that earlier in her career she had been pushed by managers to “do more, think more, be more strategic.” Her bosses were more interested in her skills than her educational background.

What she found interesting was that both of her bosses early in her career—Ann Chen, senior director, assistant general counsel of litigation, enforcement and strategy at Transunion, and Stephen Coates, a partner at Coates IP—started as paralegals before going to law school.

“I think, because of that foundation, they opened doors for me that I didn’t even know needed to be opened,” she said, adding “I’m so grateful to them for their mentorship.”

Feedback culture leads to changes

Kaufman said that when Buttars joined Netflix in 2017, he had a small team, growing workload, and a major need to create a trademark strategy. This led him to think differently about who could do what within the department.

Netflix’s “very open” feedback culture prompted Kaufman’s assistant to question why non-trademark experts were not involved in the trademark team’s decision making.

“This really started to shift my thinking to ‘why is that? That doesn’t make any sense,’” said Kaufman.

He began a strategy of seeing colleagues more in terms of their skills than their job title. In this context, when was given the task of implementing it—becoming an embodiment of this new thinking.

Kaufman said empowerment like this was a key aspect of breaking down the hierarchy within a business.

“To me, one of the key parts of empowerment is delegating. No matter how interesting [the task] might be, it’s about stepping back and letting someone else on the team take ownership,” he said.

Buttars said the approach of Netflix’s leadership had influenced her management style. “I got to model their behaviour in building my team,” she said, adding that now, she is able to step away, direct work to experts within her own team, and let them make decisions.

Overcoming nerves

Asked by Kaufman how she dealt with any nerves that came from the responsibility placed on her, Buttars answered honestly.

“I was extremely nervous. I wasn’t familiar with how different trademarks were [at Netflix],” she said. “But it sort of set me free and now I thrive on it.”

“Not everyone is in a safe space like at Netflix where we focus on innovation, failure, and learning from that failure. I feel safe with that responsibility,” Buttars added.

How does she find the courage to speak out when people up the hierarchy are making poor decisions?

“It’s not going in [and] tearing down the room with a different point of view,” suggested Buttars. “It’s saying, ‘I’ve had a thought about this,’ and pointing out possible blind spots in the thinking, bringing that to the table and poking and prodding each other. By having that debate we get to the best result.”

It’s not about your grades

Having a diverse and inclusive workforce means also being aware of the barriers erected by educational attainment requirements in a hiring process, the pair explained.

Today, Netflix’s talent strategy in some roles removes all educational requirements, preferring to hire candidates based on other factors like expertise, judgment, and business experience.

According to Buttars, “Taking all that out has been really important in opening the talent pool, because there can be an amazing trademark professional out there who might not apply for a role that I need because they don’t have a BA, college degree, or paralegal certificate.”

When asked by a member of the audience about how, with this in mind, they advertise for roles, Buttars confirmed that she does not specify whether the candidate should be a lawyer or non-lawyer when she is hiring.

“I interview both, and I’m open to hiring [either]. It’s more about who has the subject-matter expertise for the particular role,” she confirmed.

Kaufman said he liked to see candidates who had taken “unusual” career paths. “Often that will bring in diversity of thought, and the more points of view you can get, the better decisions can be,” he noted.

He also advocated for “giving people really great work,” and suggested that when pushed to have a greater impact within a business, people “inevitably rise to the  occasion and end up enjoying their jobs much more.”

“This leads to less churn on your workforce and more pride, ending up with much more satisfying career paths,” suggested Kaufman.

This article first appeared in the  INTA Daily News, which is published by WIPR.

Today’s top stories

Web3 and IP: why brands need a plan

MetaBirkins NFT suit to be tested under Rogers

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Influential Women in IP
3 February 2021   Coca-Cola will withhold a nonrefundable 30% of fees from law firms that fail to meet its new diversity requirements, as it criticised the legal sector for not viewing diversity and inclusion (D&I) as a business imperative.
Patents
27 January 2021   An attorney for the US International Trade Commission has recommended that the Commission find Philip Morris International to have infringed British American Tobacco’s patents, which would likely lead to PMI’s IQOS products being excluded from the US market as early as November 2021.
Copyright
1 August 2022   Streaming provider accuses pair of blatant infringement in dispute over hit series | Bridgerton | Julia Quinn.