This crash course on legal contracts is designed for interior designers who are drafting a contract for the first time or wanting to make an existing one airtight.
There’s a reason you became a designer, and it probably didn’t have anything to do with lawyers and contracts.
You’re the expert in color, fabric, floor plans, and furniture schemes, not intellectual property and arbitration provisions. If you’re already confused, don’t fret. This crash course is designed for those drafting a contract for the first time or wanting to make an existing one airtight. Led by David Adler, an actual lawyer who understands the ins and outs of the design industry, this workshop will cover the clauses you need to protect yourself in the unfortunate event that something doesn’t work out as planned. Clients can be difficult enough. Don’t let legal trouble slow you down.
In this class, you will learn how to:
Define what you are doing for your client, as well as NOT doing for them
Make sure you get paid on time and in full
Protect yourself against outside factors that may affect cost and ability to complete a project
Give yourself a way to get out of your contract if things aren’t working
By the end of class, you will have:
A basic understanding of key contract terms and the reasons as to why they are there
A basic client agreement that you can use or customize
The Instructor, David Adler, is an attorney, nationally-recognized speaker, and founder of a boutique law practice focused on serving the needs of creative professionals in the areas of intellectual property, media, and entertainment law. He provides advice on choosing business structures, protecting creative concepts and ideas through copyright, trademark, related intellectual property laws and contracts, and structuring professional relationships. He has 17 years experience practicing law, including drafting and negotiating complex contracts and licenses with Fortune 500 companies, advising on securities laws (fundraising) and corporate governance, prosecuting and defending trademark applications, registrations, oppositions, and cancellations before the US Patent & Trademark Office (USPTO), and managing outside counsel. Currently recognized as an Illinois SuperLawyer® in the areas of Media and Entertainment Law, he was also a “Rising Star” for three years prior. He received his law degree from DePaul University College of Law in 1997 and a double BA in English and History from Indiana University in Bloomington, Indiana. Outside the practice of law, David is an Adjunct Professor of Music Law at DePaul College of Law, formerly chaired the Chicago Bar Association’s Media and Entertainment Law Committee, and is currently a member of the Illinois State Bar Association Intellectual Property Committee.
Do you work with start-up companies and need a basic understanding of the various intellectual property issues that can arise?
I will be co-presenting in this online seminar that will help you:
understand the trademark and copyright problems your client may encounter with branding;
learn how to protect your client’s branding once established;
familiarize your practice with patents, including what they protect, timing, and strategies to prevent inadvertent loss of patent rights before filing the application;
understand trade secrets and the importance of non-disclosure and confidentiality agreements;
recognize intellectual property issues relating to technology, including open source code and the cloud;
establish a proactive approach toward intellectual property ownership between cofounders, employees, and vendors; understand business names, domain names, promotional issues, and website content concerns.
WHAT: From film to fashion, creative industries are taking steps to protect and promote original work. Designers and manufacturers need to know what steps they can take to protect their designs, their businesses, and their profits. The discussion will address issues related to how to protect original design (copyright & design patent) and the manufacturers (trademark, unfair competition).
On October 2, 2013, I will be attending the Decoration & Design Building Fall Market where I am giving a presentatIon on protecting original furniture & textile designs. Those in attendance share a belief that style and design matter.
As designers and purveyors of good taste, you may spend months developing a concept, selecting materials, agonizing over the exact curve of the arm of a chair. Manufacturers may refine the design, invest in tooling to build it, promote it, and get it to market. Merchandise buyers may spend months reading, researching, attending events such as this to obtain and fill your showrooms and catalogue with ineffable elements of style. This is original, authentic design. Authentic designs—pieces produced by designers or their authorized manufacturers—are investments.
Therein lies the problem for today’s furniture designers and retailers. It takes intellectual and financial capital to conceive, create and produce good design. Yet, today’s consumer driven, price-focused economy is making it more and more difficult for a designer to protect and profit from the investment of this intellectual capital.
This presentation will focus on why certain designs are protectable, how to protect them, and how to defend against knock-offs.
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.
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.
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.
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.
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.
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Social Media Legal Best Practices: Problems and Solutions with Photo Uploading and Tagging …
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.
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.
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.
Sometimes the Adler Law Group, (“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.
Trademark Searches Have Limits.
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 Is Not Required For Trademark Rights.
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.
Misspelled And Slang Words & Phrases May Be Trademarks.
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.
Mere Use of a Trademark Confers Common Law Rights?
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.
In fashion, innovation never goes out of style. Therefore, it is no surprise that fashion houses and clothing brandsmarket across many different
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.