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23 August 2022

How to Leverage Intellectual Property in Marketing (The Next Big Thing)

5Frameworks
11Insights

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Frameworks in this episode

Insights & moments

The myth-busts, hot takes, explainers, and tools worth keeping.

Hot Take· 2

Hot Take20:00

Paid Channels Alone Will Not Differentiate a Brand

The episode argues that heavy reliance on Google and Facebook makes marketing increasingly commoditized. Licensing, creating, or opening intellectual property can give companies more distinctive ways to involve communities, build awareness, and stand apart from competitors.

  • Major paid channels remain useful but are widely accessible
  • Channel dependence can make competing brands look alike
  • Intellectual property can create differentiated marketing assets
  • The opportunity applies to small B2B companies as well as consumer brands

But if that's all you're doing, you're just you're never going to differentiate.

Kip Bodner · 20:00

This is not just a big scale consumer brand opportunity.

Kip Bodner · 21:00
#differentiation#paid media#intellectual property#b2b marketing
Hot Take21:30

The $350 Million Flow Bet Prioritizes Venture-Scale Upside

The hosts react skeptically to Andreessen Horowitz reportedly investing $350 million in Adam Neumann's pre-launch company Flow. They interpret it as a high-beta venture bet designed either to produce an enormous return or fail completely, while questioning the founder's execution record.

  • The reported investment precedes product launch and revenue
  • The deal values Flow above one billion dollars
  • The hosts characterize the strategy as a high-beta bet
  • Founder track record should influence investment confidence

It is the largest check they have ever done. $350 million into a pre-launch product

Kieran Flanagan · 22:00

They're just taking massive high beta bets. Either this is going to be a huge thing or it's going to completely fail.

Kip Bodner · 22:30
#venture capital#flow#adam neumann#risk

Explainer· 3

Explainer04:00

How Venture Capital Subsidizes Paid Customer Acquisition

The hosts describe a funding cycle in which startups use venture capital to sell products below cost and purchase growth through large advertising platforms. Rising growth metrics then support another funding round, perpetuating spending even when the underlying customer economics remain unprofitable.

  • Startups use investment capital to subsidize customer purchases
  • A large share of funding flows into major advertising platforms
  • Growth can support fundraising without producing profit
  • Abundant startup capital can contribute to higher advertising costs

Companies raise money from VCs, company spends money in meta and Google to attract customers.

Kieran Flanagan · 04:00

Those growth numbers help company raise more money from VCs.

Kieran Flanagan · 04:30
#venture capital#paid acquisition#unit economics#advertising
Explainer05:30

Why Declining Media Trust Pushes Brands Toward Owned Distribution

The episode connects falling confidence in television news and newspapers with the rise of alternative distribution channels. As traditional media loses trust, businesses increasingly rely on search, social platforms, and owned media to reach audiences and build direct relationships.

  • Trust in traditional news institutions has fallen sharply
  • Brands are seeking new ways to reach audiences
  • Search and social platforms absorb more marketing activity
  • Owned media gives companies greater control over trust and distribution

So there's been this massive erosion of trust in the world.

Kip Bodner · 06:30

And because of that, businesses are looking at new ways to reach their audiences because the old ways of reaching their audience just don't work…

Kip Bodner · 06:30
#media trust#owned media#distribution#brand building
Explainer14:30

Category Creation Is a Form of B2B Intellectual Property

A B2B company can create a new market category when its product does not fit existing labels. The company need not legally own the category term; the marketing advantage comes from becoming the brand most strongly associated with defining and leading it.

  • A new category can distinguish a product from established markets
  • The category term does not need to be trademarked
  • Leadership matters more than exclusive legal ownership
  • Category creation gives B2B marketers strategic leverage

One of those ways is to build your own IP.

Kip Bodner · 14:30

You don't want to own it, but you want to be the leader in that category.

Kip Bodner · 15:00
#category creation#b2b#positioning#brand strategy

Story· 4

Story08:00

Moonbirds Turned Open Intellectual Property Into a Distribution Bet

Moonbirds shifted its licensing to CC0, allowing anyone to use its imagery without paying royalties. The decision traded holder exclusivity for broader creative participation and potentially greater awareness, while also raising questions about whether existing holders should have been compensated.

  • CC0 permits broad use without copyright restrictions
  • Open licensing allows more creators to build on the brand
  • The strategy exchanges exclusivity for distribution
  • Changing ownership expectations can disadvantage existing holders

I can use Moonbirds in anything I want. I don't have to pay anything. I don't have to pay anyone a royalty.

Kieran Flanagan · 08:30

When you open it up for free, you let far more than those 10,000 people benefit, which is all well and good and interesting.

Kip Bodner · 10:30
#moonbirds#cc0#nft#intellectual property
Story11:30

Why Cash App Created a Clothing Line

Cash App extends its payment brand into popular culture through branded clothing. Rather than treating merchandise as a direct profit center, the company uses an increasingly accessible commerce and manufacturing stack to create distinctive brand assets and cultural visibility.

  • Cash App markets a largely commoditized financial product
  • Its clothing line extends the brand into popular culture
  • The merchandise functions primarily as marketing
  • Cheaper commerce infrastructure makes experiments like this more accessible

They are building intellectual property around their brand by creating a clothing line called cash.

Kip Bodner · 12:00

So they're taking their like core brand and they're extending it to popular culture and doing this clothing line not to make money, but as…

Kip Bodner · 12:00
#cash app#merchandise#brand extension#culture
Story16:00

How Nouns DAO Funds Its Community to Remix the Brand

Nouns combines open Creative Commons licensing with a community-controlled treasury funded by NFT sales. Members can propose projects that promote the brand, leading to experiments involving Budweiser, a coffee shop, and a documentary film.

  • Anyone can use Nouns intellectual property for free
  • NFT sales fund a treasury controlled by a DAO
  • Community members propose brand-building projects
  • The treasury converts open creativity into funded distribution

They were one of the first NFT projects to use the Creative Commons license. So everyone can use nouns for free.

Kieran Flanagan · 16:00

And so they so they have really open sourced the creative and just let people propose how they want to extend that creative and then…

Kieran Flanagan · 17:00
#nouns#dao#community#brand remixing#web3
Story19:30

Crypto Boy Shows How Simple Participatory IP Can Spread

Salem Ilese invited her audience to remix her song Crypto Boy and incorporated their new lyrics into shared videos. The example demonstrates that community participation does not require elaborate technology or a large treasury; a simple creative opening can generate many audience-made variations.

  • The original creator invited audience remixes
  • Participants contributed their own lyrics
  • Audience versions became part of the creator's videos
  • Simple participation mechanics can expand a creative asset

Well, her song Crypto Boy, she opened it up to the community recently and let them all remix it.

Kieran Flanagan · 19:30

Like it's very simplistic things like that that actually you can open up and have community kind of remix things and build creativity on on…

Kieran Flanagan · 20:00
#music marketing#user-generated content#remixing#community

Takeaway· 2

Takeaway01:30

Lower Complexity Can Unlock a Much Larger Market

Pickleball and no-code tools illustrate how simplifying an established activity can make it accessible to many more people. Products can grow by preserving the desired outcome while reducing the skill, effort, or technical knowledge required to participate.

  • Simplify an activity people already value
  • Reduce the expertise required to get started
  • Use accessibility to expand the addressable market
  • Preserve the core benefit while removing complexity

So one of the greatest hacks you can do in this world is to take something that is beloved by a group of people and…

Kip Bodner · 01:30

I agree, like decreased complexity, increase the total number of people that they can market this product or service to.

Kieran Flanagan · 02:00
#product strategy#accessibility#no-code#market expansion
Takeaway18:00

The More Open the IP, the More the Community Can Remix It

The hosts frame intellectual-property policy as a choice between controlling monetization and enabling community-led distribution. Strict enforcement protects ownership but suppresses remixing, while more open licensing gives fans and creators room to spread and reinterpret the brand.

  • Openness and remix potential are directly related
  • Strict control favors monetization and protection
  • Open licensing favors participation and distribution
  • Brands must decide when to be guarded or unguarded

there's a direct correlation between how open you are with your intellectual property and the ability to remix.

Kip Bodner · 18:00

I I think it's super important that you learn when do you have to be guarded and when you can you be unguarded?

Kieran Flanagan · 19:00
#licensing#community#remixing#brand distribution