KOL449 | Trademarking the Infinite Banking Concept?

Kinsella on Liberty Podcast, Episode 449. I was interviewed by Logan Hertz, of Hazeltine LLC, about attempts by the Nelson Nash Institute, they of the poorly-named "Infinite Banking" concept, to use trademark to bully competitors. I discuss the general problem with IP and then apply it to trademark, and provide suggestions as to more "ethical" ways of using trademark and IP in an IP-world. See also Logan's LinkedIn post. Grok shownotes: In this episode of the Hazeltine LLC podcast, host Logan Herz engages with Stephan Kinsella, a retired patent attorney and libertarian writer, to discuss the contentious issue of intellectual property (IP) law, focusing on the Nelson Nash Institute’s trademarking of the Infinite Banking Concept (IBC) [0:00-2:30]. Kinsella, author of Against Intellectual Property, outlines the three main types of IP—patents, copyrights, and trademarks—explaining their origins and how they function as government-granted monopolies that often stifle innovation, restrict free speech, and enable corporate bullying [2:30-15:00]. He argues that patent law hinders technological progress by delaying the public use of inventions, copyright law threatens free expression with excessively long terms, and trademark law, as seen with the IBC, grants undue control over descriptive phrases, allowing entities like the Nelson Nash Institute to legally intimidate competitors [15:00-20:10]. Kinsella critiques the Nelson Nash Institute’s approach to trademark enforcement, suggesting it reflects a broader problem with IP laws that prioritize corporate control over consumer protection [20:10-36:00]. He proposes an ethical alternative where the Institute could license the IBC trademark for a nominal fee with disclaimers, preserving their mark without aggressive enforcement [26:55-31:10]. The conversation also explores the hypocrisy of libertarian-leaning organizations using state-backed IP laws, the historical roots of copyright monopolies, and the sufficiency of contract and fraud laws to address consumer confusion without IP [31:10-44:00]. Kinsella concludes by challenging the Institute to reconsider their tactics and offers practical guidance for navigating IP laws ethically, emphasizing reputation and service quality over legal battles [1:12:00-1:14:15]. Transcript, time stamps, and Grok detailed summary below For more, see: Do Business Without Intellectual Property. https://youtu.be/EezJNq-FXQc?si=zPY2QdgLqeqqnf0- Timestamps 0:00 Introduction to Stephan and Context 2:30 Intellectual Property Law 4:00 Problems with Intellectual Property Law 7:20 Patent law stifles innovation 8:40 Copyright law threatens free speech 10:15 Trademark law gives monopoly privilege 15:00 Three types of IP: patent, copyright, trademark 18:00 The IBC trademark is a real stretch 20:10 Trademarking IBC is a license for extortion and bullying 21:50 How IP law enabled the tech oligopoly 24:30 Tesla and Twitter counterexample 26:55 How the Nelson Nash Institute could ethically use a trademark 31:10 Intellectual property monopoly 33:30 The dubious origins of copyright 36:00 Trademarks protect the corporate bully, not the customer 39:45 We already have contract law 44:00 Reputation is ultimately what matters 45:35 Information cannot be "owned" 46:30 Negative easements 48:50 Intellectual property "rights" as monopoly privileges 50:25 Force and violence implicit in IP enforcement 53:15 Proper understanding of law 56:00 Legal positivism 1:00:00 Making distinctions 1:03:05 Constructive criticism of the Nelson Nash Institute 1:09:20 How trademarks encourage bullying 1:12:00 Stephan's ethical challenge to the Nelson Nash Institute 1:14:15 How to ethically navigate IP laws #ethics #intellectualproperty #hazeltinellc #infinitebanking #infinitebankingconcept #nelsonnash #wholelifeinsurance #wholelife Bullet-Point Summary for Show Notes with Time Markers and Block-by-Block Breakdown Summary Overview Stephan Kinsella, a retired patent attorney and libertarian theorist, joins Logan Herz to dissect the flaws of intellectual property (IP) law, particularly the Nelson Nash Institute’s trademarking of the Infinite Banking Concept (IBC). Kinsella argues that IP laws—patents, copyrights, and trademarks—are government-granted monopolies that harm innovation, free speech, and competition. He critiques the Institute’s legal actions against competitors as unethical and proposes ethical alternatives, emphasizing the sufficiency of contract and fraud laws to protect consumers without IP. The discussion also covers the historical and philosophical underpinnings of IP, its role in enabling corporate bullying, and practical strategies for businesses to navigate IP laws responsibly. 0:00-5:00 – Introduction and Context of IP Law Description: Logan Herz introduces Stephan Kinsella, a patent attorney and libertarian writer, and sets the stage for discussing the Nelson Nash Institute’s trademarking of the Infinite Banking Concept (IBC), a phrase used publicly for decades before the Institute’s actions [0:00-1:18]. Kinsella provides an overview of his background as an IP attorney and libertarian theorist, explaining that IP law encompasses patents, copyrights, and trademarks, each with distinct purposes and impacts [1:36-2:30]. Summary: The episode begins with context about the Nelson Nash Institute’s controversial trademarking of IBC and Kinsella’s expertise in IP law, highlighting his critical perspective on IP as a libertarian. 5:00-15:00 – Problems with IP Law: Patents, Copyrights, and Trademarks Description: Kinsella delves into the problems with IP law, arguing that patents stifle innovation by delaying public access to inventions for 17 years [7:20-8:39]. Copyrights, with terms extending to the author’s life plus 70 years, threaten free speech by restricting creative works like sequels or fan fiction [8:40-10:09]. Trademarks grant monopoly privileges over phrases, enabling entities like the Nelson Nash Institute to control descriptive terms like IBC, which Kinsella sees as unjustified [10:15-15:00]. Summary: This segment outlines the detrimental effects of IP laws, with patents impeding technological progress, copyrights limiting free expression, and trademarks fostering monopolistic control, as exemplified by the IBC trademark. 15:00-30:00 – Trademarking IBC and Ethical Alternatives Description: Kinsella explains the three main IP types—patents, copyrights, and trademarks—detailing their requirements and limitations [15:03-18:05]. He argues that trademarking IBC is a stretch due to its descriptive nature and equates it to a license for extortion, as the Institute uses it to bully competitors [18:05-20:10]. He illustrates how IP laws enable tech oligopolies, citing the smartphone patent wars, but notes exceptions like Tesla and Twitter, which avoid aggressive patent enforcement [21:50-24:36]. Kinsella proposes an ethical approach for the Institute: licensing the IBC trademark for a nominal fee with disclaimers to avoid confusion without bullying [26:55-31:10]. Summary: The discussion focuses on the IBC trademark’s questionable validity and its use for coercion, contrasted with ethical alternatives like nominal licensing, and highlights how IP laws foster corporate dominance, with rare exceptions like Tesla. 30:00-45:00 – Hypocrisy, Historical Context, and Contract Law Sufficiency Description: Kinsella notes the libertarian hypocrisy within the Nelson Nash Institute, which uses state-backed IP laws despite its free-market rhetoric [31:12-32:02]. He traces the dubious origins of copyright to government monopolies like the Stationers’ Company, which controlled printing for a century [33:30-36:00]. He argues that trademarks protect corporate bullies, not customers, as they shift legal rights from defrauded consumers to trademark holders, and that contract and fraud laws are sufficient to address consumer confusion [36:00-44:00]. Summary: This block critiques the Institute’s libertarian inconsistency, explores copyright’s monopolistic roots, and asserts that existing contract and fraud laws adequately protect consumers, rendering trademark law unnecessary. 45:00-1:00:00 – Philosophical Underpinnings of IP and Legal Theory Description: Kinsella argues that information cannot be owned, as it is not a scarce resource, and IP enforcement destroys real property rights by restricting how individuals use their tangible assets [45:35-53:15]. He likens IP rights to negative easements imposed without consent, contrasting them with voluntary agreements like homeowners’ associations [46:30-52:45]. The discussion shifts to legal theory, distinguishing natural law (moral, justified law) from legal positivism (state-enforced law), which dominates modern IP systems [53:15-56:02]. Summary: Kinsella frames IP as an unjust monopoly privilege that violates property rights, using the negative easement analogy, and critiques the legal positivism underpinning IP laws, which prioritizes state decrees over moral justice. 1:00:00-1:15:00 – Constructive Criticism and Practical Solutions Description: Herz provides historical context on the Nelson Nash Institute, noting its evolution from promoting IBC to controlling its narrative, sometimes resembling a cult [1:03:05-1:06:41]. Kinsella challenges the Institute to reconsider its bullying tactics and adopt ethical IP practices, such as non-aggressive trademark enforcement [1:12:00-1:14:15]. He shares practical advice from his book Do Business Without Intellectual Property, advocating for minimal IP reliance and focusing on reputation and service quality [1:14:15-1:18:36]. Summary: The final segment offers constructive criticism of the Institute’s controlling approach, urges ethical trademark use,