Fighting for Financial Foreplay®: One Entrepreneur’s Battle Against Trademark Infringement
As entrepreneurs, our brands become our babies. We nurture them from mere ideas into thriving businesses. So what happens when someone tries to snatch our brainchild?
Rhondalynn Korolak lived this nightmare when a copycat podcaster hijacked her Financial Foreplay® brand name. But Rhondalynn didn't take it lying down. Through ceaseless perseverance, she emerged victorious after a years-long legal fight. Her story exemplifies the importance of protecting your intellectual property.
If you spend a decade building brand equity, you have a right to defend it. Listen to the full interview with Rhondalynn here:
The Founding of Financial Foreplay®
Rhondalynn Korolak was qualified as a lawyer and a chartered accountant in Canada many years ago. After working in oil and gas taxation, she immigrated to Australia, where she found it to be difficult to get working permits. She ended up pivoting in her career, and fell in love with coaching and working with other businesses. “I decided to become a full-time cash flow expert and coach, working with businesses to maximize their cash flow capabilities.”
In 2009, Rhondalynn birthed the Financial Foreplay® brand with a book, speaking engagements using the brand name, and other means of marketing her expertise and financial services. The name was catchy, intimate and embodied her vision. So Rhondalynn trademarked it to shield her brainchild.
“The book that I wrote that started off this whole thing was called Financial Foreplay.” Said Rhondalynn. “It's a little bit of a shocking title for people. But the reason I wrote it is because I know that people either hate talking about money, or are terrified to talk about their money. So I used what I know about brain-friendly learning and coaching techniques to make stuff that's scary and intimidating, fun, memorable and interesting. To me, it's not just a book title. It's a whole philosophy of how I do things differently.”
For over a decade, Financial Foreplay® grew an avid following. “Not only did I write books and sell thousands of those books,” Rhondalynn continued. “I've been the national speaker for MYOB, which is an accounting software. I've toured with them and presented to 5,000 business owners in one month. I've toured with Intuit. Not just in Australia, but I've presented in San Jose at their big conference in front of thousands of people. This brand, to me, most people know that I created it.”
An Unexpected Infringement
In 2020, Instagram and YouTube influencer Canna Campbell (aka SugarMamma), brazenly launched a competing show under the same name. Rhondalynn swiftly sent cease and desist letters asserting her rights. But the copycat podcaster insisted she had equal claim to the name. A trademark office rejection didn't deter her either.
Watch the highlights of my conversation in this video, and check out other case stories of podcasting in B2B and professional services on my YouTube channel:
“I've trademarked it. And in the industry, by and large, bookkeepers, accountants, finance people are super respectful. It wouldn't even cross their mind, I don't reckon, to take somebody else's stuff because it would be embarrassing. But she wasn't embarrassed at all. She felt entitled to use it and that was the difference.”
The conflict exploded as the fraudster encouraged her followers to defend her reputation, claiming she had rights to the name. “She had about maybe 30,000 followers or something on Instagram and about 120,000 on YouTube.” Said Rhondalynn. “So she had quite a few people. And these people started calling me things like a thief and a liar that I’ve misrepresented my legal rights.”
Trademark Protection Prevails
Rhondalynn remained dignified, knowing litigation was her only recourse when the infringing podcaster felt entitled to use Rhondalynn’s trademarked brand name.
“She went to IP Australia and put her name in front of ‘financial foreplay’ and tried to trademark that for not only podcasting, but for financial advice and education.” Rhondalynn said. “IP Australia gave her two letters. Not only do they point out my valid pre-existing trademark, they happen to say, look, you can't just put your name in front of somebody else's trademark because the dominant and unique element of this thing is ‘financial foreplay,’ not your name.”
However, the fraudster didn’t take heed of IP Australia’s adverse examination reports, which rejected her trademark application. To make matters worse, the copycat had deceived podcast platforms about owning the name. “They went to Podbean, to Facebook and to Apple iTunes of all places and told them in writing that she had the legal right to use my trademark.”
Evidence even emerged of paid gigs tied to the Financial Foreplay® brand name. “During the point where I was already suing her, she was being promoted to speak at a conference for financial advisors in Sydney and in Melbourne, and they were using my brand, Financial Foreplay, and she was going to talk about how much money she'd made from her podcast.”
After three nightmarish years, the court ruled in Rhondalynn's favor. Her brand was finally hers again. But at what cost?
Protecting the Future: Trademark Your Brand Name
With the court battle in the rearview mirror, Rhondalynn can now begin to look forward to building—not defending—her brand. “I'm going to definitely relaunch the Financial Foreplay® podcast.” Said Rhondalynn. “It’s going to have a fresh and new, unique approach.”
Rhondalynn's story shows why every entrepreneur must protect what they've built. Trademarks preserve your identity when vultures circle. Monitor your space for copycats. Act swiftly to defend your rights. Seek authoritative rulings. And document evidence for your day in court.
Most importantly, never surrender your brand without a fight. The name you've nurtured is worth protecting. Just ask Rhondalynn Korolak. For her, Financial Foreplay was a baby worth battling for.
