Don’t Let Hierarchy Hold Back Your Team
You don’t need to be a trademark attorney to do great trademark work, discovers Tom Phillips.
When Jeremy Kaufman, vice president, Intellectual Property (IP) at Netflix, Inc. (US) 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 Mr. 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 in yesterday’s lively Capsule Keynote: Moving Beyond the “Lawyer/Non-Lawyer” Hierarchy to Improve Your IP Team.
It was not until Mr. Kaufman joined Netflix—with what he called its “unique structure”—that he realized things could be done differently.
Sharing the stage was living proof of this approach, in the form of Mr. Kaufman’s colleague Ali Buttars, head of Global Trademarks & Brand Protection, Netflix, Inc. (US).
Ms. 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 mold.
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 - litigation, enforcement & strategy Transunion (US), and Stephen Coates, partner, Coates IP (US)—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.”
“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.”
Jeremy Kaufman, Netflix, Inc. (US)
Feedback Culture Leads to Changes
Mr. Kaufman said that when Ms. 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 Mr. 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 Mr. 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.
Mr. 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.
Ms. Buttars said the approach of Netflix’s leadership had influenced her management style. “I got to model their behavior 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 Mr. Kaufman how she dealt with any nerves that came from the responsibility placed on her, Ms. 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,” Ms. Buttars added.
How does she find the courage to speak out when people up the hierarchy are making poor decisions?
“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.”
Ali Buttars, Netflix, Inc. (US)
“It’s not going in [and] tearing down the room with a different point of view,” suggested Ms. 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 Ms. 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, Ms. 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.
Mr. 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 Mr. Kaufman.
Video courtesy of Adobe Stock / Fevziie
Tuesday, May 3, 2022
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