January 31, 2013
Entertainment Law News & Events
Entertainment Law Initiative Luncheon Set For Feb. 8 | GRAMMY.com
The GRAMMY Foundation announced today that the keynote discussion at the 15th Annual Entertainment Law Initiative Luncheon & Scholarship Presentation
Colorado IP and entertainment lawyer David Ratner forms ‘Creative …
‘Creative Law Network,’ a Denver-based law firm, will focus on small to mid-size businesses and artists.
Florida Bar Hosts Entertainment Law Event | Billboard
NEW YORK–The Florida Bar Assn.’s Entertainment Arts and Sports Law Section will host its sixth annual legal symposium on music, film and TV on March 26.
UNH Law to debut sports and entertainment law institute
The University of New Hampshire’s School of Law will open a Sports and Entertainment Law Institute next fall, giving students the opportunity to focus their studies for a law career in either field.
Entertainment lawyer Mike Novak dies
The Macomb Daily
For nearly three decades, Mike Novak’s name was synonymous with entertainment in the Detroit area. During his career the Troy-based attorney, a resident of Grosse Pointe Shores, represented the likes of artists such as Bob Seger and Kid Rock.
Use a Law Degree to Enter Environmental or Entertainment Fields
U.S. News & World Report (blog)
If you have a question about law school, E-mail me for a chance to be featured next month. This week, I will address questions from readers about pursuing environmental and entertainment law.
Fashion Law News
Minnetonka’s Trademark Suit Against Target Tip-Toes Away http://t.co/sF6vtszP via @FemmeLegale
VIDEO: First Ever Northern California Fashion Law Panel Produced …
First Ever Northern California Fashion Law Panel
Following the Dress Code: Fundamentals of Fashion Law with BK …
February 13th – 6:00-8:00pm 2 MCLE Credits (Professional Practice) 123 Remsen Street, BrooklyModerator: Allegra Selvaggio, Esq.
About The Author
David M. Adler, Esq. is a 2012 Illinois SuperLawyer, author, educator, entrepreneur and partner with Leavens, Strand, Glover & Adler, LLC, a boutique law firm in Chicago, Illinois created with a specific mission: provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in order to drive innovation and increase overall business value.
Tagged: Copyright, education, Entertainment Law, Fashion Law, Intellectual property, Trademark
July 30, 2012
Charles Colton famously stated “Imitation is the sincerest (form) of flattery.” This has never been more true than in the fast-paced world of fashion where designers constantly draw on prior art for inspiration. As Tim Gunn (mentor to would-be fashion designers on the television show Project Runway) often says, “Make it your own.”
Legislation under consideration in the U.S. may provide limited protection for Haute Couture fashion designs.
Read the full article on FasionsCollective.com.
May 25, 2012
CeBit 2012: Social media a legal minefield
Government agencies looking to make greater use of social media and other collaboration tools face a raft of legal issues with the potential to sink efforts to better connect government and the public.
File-Sync-and-Share for Enterprises -bit.ly/KrIZmE
Should Active Directory Upgrade be Required in Exchange 15? bit.ly/Mkk4I9
Social Media Legal Best Practices: Problems and Solutions with Photo Uploading and Tagging …
The ’7 Dirty Words’ Turn 40, but They’re Still Dirty
They still resonates today, maintaining a perfect five-star rating among iTunes customers.
“I always thought it was a wrong-headed decision, one that really made hash of the First Amendment with respect to the broadcast media,” says Floyd Abrams, one of the foremost legal authorities on the First Amendment.
#Fashionlaw USA Network in Partnership With MR PORTER.COM Brings to Life the Stylish World
USA Network will additionally support the partnership via on-air, online, VOD, paid media (including a special insert in the July issue of Vanity Fair) and in-show integration and messaging. All will compliment USA’s massive multi-pronged marketing.
Regional bloggers on both sides of political fence say robust online debate is not uncivil.
Grand Forks Herald
“People are creating a media (with blogs and other social media) they’re not getting from traditional media,” Nodland said. “Maybe it’s a little crude, hard-hitting … and traditional media fear it.”
DocStoc Launches 30 Free Apps to Help Small Business Owners Grow Their Businesses
San Francisco Chronicle (press release)
App highlights: http://www.docstoc.com/apps/ Social Media for Business: This app will explain how can you leverage social media to get an edge. How to Get a Job Interview: This app is a complete blueprint for landing your dream job.
Tagged: apps, censorship, docstoc, Fashion, First Amendment, government, Law, Legal, Social media
May 24, 2012
Sometimes the firm of Leavens, Strand, Glover & Adler, LLC (“Firm”) is called upon to perform trademark searches or trademark application filings. However, it is vital to understand the limits inherent in the process and the ability to determine the availability of any given trademark. The Firm NEVER conducts a search to determine, or opine on, the availability of any given trademark unless specifically engaged to do so.
A Trademark Search should always be conducted well before one begins using a trademark. For example, if you are planning a marketing campaign around a name or phrase, you should make sure that the proposed mark is “clear”, i.e., no one else is using anything “confusingly similar“ for the same or similar goods and services. Failure to clear a mark for use can lead to claims for damages for infringement and/or dilution, loss of goodwill and loss of the goods themselves, not to mention loss of the time and expense creating, developing and marketing the product or service.
Although the search process is intended to reduce the potential for infringement and dilution claims, the risk of challenge to an application, registration or mere use of a mark is never completely eliminated. Even an especially thorough search may not uncover every potentially conflicting mark.
Registration with the Trademark Office is not a prerequisite to obtaining trademark rights in the U.S. Many valid trademarks exist at common law without ever appearing on the federal trademark register. Some appear in state trademark registrations (although these registrations do not always reflect actual use); others are not registered at all.
Trademarks are source identifiers. therefore, to the extent that a trademark is distinctive, identifiable and memorable it is more protectable. Brand names often incorporate deliberate misspellings, puns, slang, and other variations on otherwise common words. Although a search would attempt to retrieve corrupted spellings, word plays and colloquialisms, there is no guarantee that all such variations will be found. As an additional precaution one should consider a search for foreign language equivalents and other variants on a proposed mark.
Although some effort should be made to conduct a “common law” search using Internet search engines and news databases, this is not always conclusive of common law use. Since these databases were not expressly designed for trademark searching, there is no guarantee that all common law uses, corrupted spellings, irregular spacing or punctuation, or other variations will be identified.
The Existence of a Live or Abandoned Application Is Not a Legal Opinion About The Right to Use a Trademark Registerability, Strength or Weakness.
Please note that filing an application to register a federal trademark is not a legal opinion about the registerability of any particular trademark, the right or absence of the right to use a trademark, the strength or weakness of any trademark registration or application, or the likelihood that any third party may, or may not, seek to register a similar mark, seek to oppose any application, or seek to cancel any registration.
We welcome your comments and feedback!
Tagged: Trademark, Limited liability company, Common law, Web search engine, Slang, Service mark, Confusing similarity, United States Patent & Trademark Office
social media platforms. It is axiomatic that fashion marketing requires a deep understanding of the target audience, regardless of whether that knowledge comes from online or offline interaction. Social media provides a forum for a more authentic, transparent and personal engagement with the customer, but also highlights whether a brand has judged (or misjudged) its customer base.
To be successful in social media, brands need to harness the personality, wit, charm and, in all likelihood, free time of their staff. In order to ensure positive, informative and engaging social interaction, a fashion brand’s social media rules must be smart, positive and inclusive. Here are some guidelines for drafting a social media policy that will bring out the best in your brand, your employees (brand ambassadors) and your customers.
Rather than writing out a lengthy, legal boilerplate script, keep these considerations in mind when drafting your policy:
- Philosophy. Begin with a discussion of how social media fits into an employee’s job expectations and performance. For example, guidelines are important, because if not followed “bad things” can happen, such as losing customers or vendors, the company could get into legal trouble, or worse, you could lose your job.
- Behavioral Expectations. This is a good place to remind employees that even though it’s a big world, you are often in a small community and, on the Internet, it’s forever. What a person says can be seen by customers and employees all over the world. Remind employees to stick to their areas of expertise and use respectful conduct. Other watch words include “timeliness” (posts should be fresh, current and relevant), “perspective” (something that may sound clever and racy to one person may be inaccurate or offensive to another), “transparency” (be the first to point out that you are an employee and make it clear that you are not a company spokesperson) and “judiciousness” (use caution when discussing things where emotional topics like politics and religion and show respect for others’ opinions).
- Channel expectations. If your company has a social media strategy, make sure employees know which sites (communication channels) are appropriate for which types of communications and marketing messages.
- Contextual Expectations. Help employees understand the context within which they are engaging customers. Suggest using a conversational style. Remember that in customer’s eyes, “perception is reality.” Add value: Make sure your posts really add to the conversation. If they promote the company’s goals and values, supports the customers, improves or helps to sell products, or helps to do jobs better, then you are adding value.
- Content Expectations. The policy must have clear and conspicuous language about what is considered company proprietary information, including current projects, trademarks, names, logos and how they may be used. Never: (i) discuss or post about financial information, sales trends, strategies, forecasts, legal issues and future promotional activities; (ii) post confidential or non-public information about the company; (iii) give out personal information about customers or employees; or (iv) respond to an offensive or negative post by a customer.
- Consequences. Lastly, be upfront about the very real consequences if mistakes are made. If a mistake occurs, correct it immediately and be clear about what’s been done to fix it. Contact the social media team if there’s a lesson to be learned.
Tagged: Brand, Company, Customer, Employment, Facebook, Fashion, Social media, Twitter
May 10, 2012
By Talya Minsberg A new Israeli law prohibits fashion media and advertising from using Photoshop or models who fall below the World Health Organization’s standard for malnutrition. When a 14-year-old girl delivered a 25,000-signature petition this week to Seventeen asking them to curb their use of Photoshop, the magazine issued a press statement that congratulated the girl on her ambition but was conspicuously silent on changing their editorial practices.
Huffington Post (satire)
So, culturally and historically, the reason women care so much about fashion is that until very recently, we weren’t allowed professional, legal or vocal ways of expressing ourselves. Fashion was a way of articulating our feelings about ourselves.
Small Aussie fashion label turns George Lucas legal threat into ‘Star …
Dallas News Small Aussie fashion label turns George Lucas legal threat into ‘Star Wars‘ clothing deal.
AsianFashionLaw | Page 5
Fashion lawyers are legal experts too. Sometimes I feel as though people think I am in design studios all day twiddling my thumbs as I look at models wearing …
Adidas-India’s ex-MD slaps legal notice on company - Fashion United
The Adidas-saga in India seems to be taking a different turn. - Fashion India News, Network, Business Community, fashion industry, international, platform for …
Tagged: Adobe Photoshop, Advertising, authorship, Business, Copyright, creative content, Defamation, entertainment, entrepreneurs, Facebook, Fashion, Federal Trade Commission, George Lucas, India News, Intellectual property, Internet Marketing, Israel, Law, lawsuit, Legal, legislation, Marketing and Advertising, Metropolitan Museum of Art, Photoshop, Services, Social media, technology, United States Patent and Trademark Office, World Health Organization
May 3, 2012
This person will be responsible for closing your email addresses, social media profiles, and blogs after you are deceased. Sounds good, but legally it’s tricky territory.
Rights Groups: Asian Media Freedoms Under Fire
Voice of America
SEAPA says the key trend is that governments are shifting focus from traditional broadcast and print media to social media and online news. SEAPA Executive Director Gayathry Venkiteswaran said online news sites have become the most frequent target.
Liberia: Will Social Media Increase Civic Engagement?
Global Voices Online
CT: The growing usage of the internet and social media in Liberia is certainly a progressive trend. Having worked in Liberia, can you briefly tell us how the internet and social media are viewed by the cross sections of the Liberia population?
By MyCorporation CALABASAS, Calif., May 3, 2012 — /PRNewswire/ — Calabasas-based company MyCorporation is releasing a new social media product to benefit small businesses, MyCorpSocial.
Hordes of angry hockey fans – presumably Boston Bruins fans — unleashed a barrage of racist rants on Twitter and other social-networking sites after the Washington Capitals beat the defending champion Bruins a week ago Wednesday on an overtime goal.
Keep it private – your Facebook password should not be shared: Commissioner …
Canada NewsWire (press release)
Some of the issues covered in depth in the paper include: Build up a positive online social media profile. “It is absolutely crucial to remember that anything you post online may stay there forever, in one form or another, so think carefully.
Canadians encouraged to plan for online estates
Canadian consumers are being encouraged to consider their online property, including social media accounts, when planning a will. A new report released earlier this week by the BMO Retirement Institute raises concerns.
Continued concern about employers asking applicants and employees for their passwords to social media sites has led to the introduction of a federal bill.
Tagged: Facebook, Law, Legal, legislation, News, Passwords, regulation, security, SNOPA, Social media, Twitter
April 16, 2012
Fourth Circuit Court of Appeals Reverses Summary Judgment for Google in Rosetta Stone’s AdWordsLawsuit
For Trademark lawyers and brand owners, Google’s AdWords program has engendered no small amount of debate. Many companies have tried, unsuccessfully, to hold Google liable for keyword advertising triggered when a brand-owner’s competitor buys keyword advertisements under the AdWords program by purchasing the brand-owner’s trademarks as keywords. Rosetta Stone’s lawsuit is no different.
However, what is different this time is that Google will have to defend at trial its program of selling companies’ well-known trademarks to the highest bidder. In the widely watched ruling, the Court reinstated most of Rosetta Stone’s claims relating to infringement and dilution.
On the claim of direct trademark infringement, the Court found that there was evidence in the record to create a question of fact as to whether “a reasonable trier of fact could find that Google intended to cause confusion in that it acted with the knowledge that confusion was very likely to result.” Google’s own internal studies suggested that it was likely confusion would result from the use of third-party trademarks.
On the claim of contributory infringement, the appeals court stated that the district court had improperly shifted the burden from Google to Rosetta Stone on the issue of whether Google allowed known infringers and counterfeiters to bid on Rosetta Stone’s trademarks as keywords
On the claim of trademark dilution, the appellate court reversed the district courts approval of Google’s “fair use” defense finding that the district court had not addressed Google’s good faith, and wrongly placed the burden of proof on Rosetta Stone, when the it was Google that was the party asserting fair use as a defense.
Lastly, the appeals court addressed the functionality doctrine which is the use of a product design considered necessary by the nature of the product itself. Such aspects of the product design are not protectable and others are free to use it. The court of appeals stated “[t]he functionality doctrine simply does not apply in these circumstances,” since Rosetta Stone’s trademarks were not a “functional” feature of its software.
You can read the opinion here.
Tagged: AdWord, Appellate court, Google+, rosettastone, Summary judgment, Trademark, Trademark dilution, United States Court of Appeals for the Fourth Circuit
David M. Adler Speaking on Social Media Legal Issues for Marketers at CONVERGE Spring Symposium 2012
April 5, 2012
Attorney David M. Adler will be speaking as part of a legal panel on “legal landmines”, e.g. legal risks and regulatory compliance, in social and mobile marketing as part of the CONVERGE Spring Symposium 2012 taking place in Silicon Valley, May 1-2, 2012.
Topics to be addressed include best practices for direct, digital and mobile marketing including advising on permission-based marketing, emerging technologies, the use of various social media platforms, as well as data security and privacy issues related to electronic and mobile commerce.
New FTC guidelines in the areas of advertising any marketing, as well as consumer privacy and security, have raised awareness of these issues for brands, marketing firms and service providers.
David M. Adler, Esq. is an attorney, author, educator, entrepreneur and nationally-recognized speaker in the fields of intellectual property, media & entertainment and technology law with a multidisciplinary practice focused on counseling businesses across the interrelated areas of Intellectual Property Law, Media & Entertainment, Information Technology and Corporate Law. David provides legal counsel on trademark and copyright clearance, registration and enforcement, digital and new media licensing, production, finance, regulations, Social Media, litigation and corporate-commercial transactions.
David has an extensive private-practice and in-house background counseling clients on marketing, advertising and content deals, lead-generation agreements, referral agreements, advertising-supported revenue deals, product placement, affiliate marketing/group-couponing platforms, CAN-SPAM compliance, digital rights management for video, music, and games. We work with many of the leading studios, labels, social networking sites, and online music companies. He also specializes in advising artistic talent and creative professionals in the arts, entertainment, media and sports industries.
Tagged: David M Adler, entertainment, Intellectual property, Law, Marketing, Privacy, Silicon Valley, Social media