Entertainment Law Update Podcast Episode 89 - Tamera Bennett & Gordon Firemark

Attorney Tamera Bennett Gordon Firemark Entertainment Law Update Podcast Episode 89

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast Episode 88 - Tamera Bennett & Gordon Firemark

Music Lawyer Tamera Bennett Gordon Firemark Entertainment Law Update Podcast

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

Entertainment Law Update Episode 90 - Gordon Firemark & Tamera Bennett

Dallas Trademark Lawyer Tamera Bennett Gordon Firemark Entertainment Law Update Podcast

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast

This post contains affiliate links. That means if you click a link I may receive a benefit.

Updates on Prince Estate - Heirs Determined; UMG Deal Voided; Possible Dispute Over Prince Stage Show

#createprotect Attorney Tamera Bennett Prince Estate stop Purple Rain Tribute Band

What Happens Now that Prince's Heirs Are Determined?

More than a year after Prince's death, the court certified Prince's heirs as his sister and five, half siblings. Under Minnesota law, half siblings are treated equally with full siblings for inheritance purposes.

The first action of the heirs seems to be challenging deals made by the trustee managing the estate for the past year. News reports state all six heirs agreed in 2016 that the estate administrator was rushing to sign deals for Prince's "vault" of songs and masters when their didn't seem to be a reason to push a deal through. A deal was made with UMG in January 2017 that was worth $31 million. Now there's a discrepancy between what rights UMG actually acquired under the deal signed as opposed to rights currently claimed by Warner Bros in the catalog.

In July 2017, the court voided the deal with UMG and now $31 million should be returned to UMG. Hopefully that money is still held in trust. But what about any commissions the trustees may have earned? 

Can Prince's Heirs Block A Stage Production About Prince?

Is it a musical or a cover band? That's the first legal question I think the heirs need to ask regarding the "A Celebration of Prince Purple Rain" tour that launches in August in the UK. An article from the BBC says the heirs are exploring legal options in regards to the tour.

Do tribute bands trigger "grand rights"?

Under U.S. law and U.K. law, theatrical grand rights require a public performance license to use music in stage/theatrical production. Those rights are fully negotiable and can be withheld by the copyright owner. These are different rights from the small rights that would be secured in order to present a concert. Small rights are much harder to deny so long as the necessary public performance licenses are secured. In the U.S., the small rights are licensed from ASCAP, BMI, and SESAC. In the U.K., PRS for Music is the public performance licensing agent.

If the tour is actually a "musical," then the tour could be shut down if the proper grand rights licenses are not secured from the music publisher. A concert starts to look more like a musical or theatrical stage production when the songs are used as part of the arc of a story line. If the songs are used for dramatic purposes to carry the story forward, grand rights are triggered.

Do tribute bands infringe trademark rights or right of publicity?

What are the options if this is a "tribute band"? I went to see a Journey tribute band earlier this summer and rocked out to the great hits. I had no illusion or confusion that I was going to see the real members of Journey. The name of the cover band didn't even mention Journey. There was a small tag line in the advertising materials saying the group was a tribute band. 

A small tag line is very different from how the Prince "tribute band" is advertising their shows. The purple website, the dove, and the words "purple rain" on the website could all be used to confuse a consumer that somehow this is an authorized tour. This case might come down to less of an issue of copyright infringement, but more of an issue of trademark infringement and unfair competition.  There's also a question of infringing on Prince's right of publicity. In accordance with Minnesota state law, the right of publicity will survive after death.  In the U.S., all of the factors mentioned could potentially weigh in favor of Prince's estate.

I'm not an expert on U.K. law regarding trademarks and unfair competition so I asked my colleague Claire Freeman with Dummett Copp to share her thoughts on the law in the U.K.

“We don’t have personality rights or unfair competition laws in the U.K. Prince’s estate will need to rely on the U.K. laws of passing off and/or trade mark infringement.  For an action under passing off to succeed, the estate must show that fans are mistakenly under the impression that the production has been endorsed by Prince’s estate.  Their chances of success will depend on the court’s assessment of the facts of the case and in particular on the way in which Prince’s name is being used."

Claire went on to say, "In June of this year, Prince’s record company, NPG Records Inc, filed both a U.K. and European trade mark application for the mark PURPLE RAIN presumably in order to try and help them win this legal battle.”

Here's a link to some other interesting tribute band litigation.

Entertainment Law Update Episode 87 - Tamera Bennett and Gordon Firemark

Entertainment Law Update Podcast Tamera Bennett Gordon Firemark

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In Episode 87 of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Episode 86 -- Tamera Bennett & Gordon Firemark

Entertainment Law Update #podcast episode 86 Tamera Bennett Gordon Firemark

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In Episode 86 of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

How Can I Protect A Trademark For My T-shirt?

You've just developed a catchy new phrase or word that you want to protect as a trademark. Maybe you went so far to already file a trademark application and received an office action refusing your application. What went wrong?

What Can I Do To Protect The Trademark On My T-Shirt (or other clothing)?

Simply putting a phrase on a t-shirt does not convey to the world that you are using the phrase as a trademark or brand. In fact, if you try to register a phrase as a trademark and the only thing you submit as your evidence of use is a t-shirt with the phrase across the front or back, you will receive an office action denying your trademark application stating your slogan is "merely ornamental" or decorative in nature. 

After the "Slants" Ruling ...

On June 19, 2017 the U.S. Supreme Court ruled the disparagement clause of the U.S. Trademark Act is facially unconstitutional under the First Amendment's Free Speech Clause. These means that trademarks like the "The Slants" for musical groups and t-shirts, or "Dikes on Bikes" for videos will be able to proceed with registrations. The key is using the phrase or word as a trademark and not as ornamental or decorative. Keep reading for tips on proper use of your trademark on clothing.

Size Matters For Trademarks On Clothing

Typically the smaller and more discrete a mark is used on clothing, the more likely the U.S. Trademark Office will consider the use as a trademark. Wording or design located on the pocket or breast portion of a garment (for example, a small design of an animal) may create the commercial impression of a trademark, whereas a larger depiction of the same wording/design prominently displayed across the front of a garment may be more likely to be seen as a purely decorative or ornamental feature of the goods.

Where Can I Place My Trademark On My Clothing?

The U.S. Trademark Office will be looking for trademarks to be in the neck of shirt or the band of a pair of pants. Also, on hang-tags attached the garment or product packaging.  If you offer your goods for sale on line, then make sure to use the trademark in close relation to the cart for checkout.

Here's a document that provides examples of how to properly place your trademark on clothing.

Podcasts I'm Listening To And Why - January to June 2017

Podcasts I'm Listening To - Why You Should Listen to Podcasts tamera bennett #createprotect #podcasts #happier #wsirn

Over the last year I've seen my consumption of information transition from reading to listening. I've always been a huge fan of good-ole' fashioned terrestrial radio and an avid listener to all things NPR.  I've found for most of 2017, I've moved away from print information to podcasts.

Three Reasons To Listen To Podcasts

  1. I'm Learning More And Faster - I've never been a huge audio book fan. But, I have been sucked right into the world of podcasts this last year. There's a podcast out there for just about every interest. Most of my listening falls into the "cultural" category. Listening to podcasts gives me a level of diversity and opposing views I just wasn't getting from other media sources.
  2. Exercise Is More Fun - I walk long distances. This year I completed walking my third half marathon. Some podcasts are more conducive to walking than others. I have to make sure I'm not slowing down my walking pace if I get sucked into the dialogue. Those long walks go a whole lot faster when I'm engaged in a topic.
  3. It's Made Me A Better Podcaster - I've co-hosted more than 85 episodes of the Entertainment Law Update Podcast. Listening to other podcasts has given me an awareness of what's appealing to consumers of podcasts. This is where I give a huge shout out to my co-host Gordon Firemark who makes sure we always have great sound quality.

Four Podcasts I'm Listening To

  1. Girls Gone WOD - I'm quickly approaching my three year anniversary of participating in Crossfit. Gasp. If you know me you will find it very hard to believe I intentionally lift heaving things and on occasion run, row, and do burpees.  Girls Gone WOD is the "first female-hosted lifestyle podcast dedicated to discussing CrossFit(R), body image, eating healthy, getting strong, and balancing life, work, husbands, babies, glitter eyeliner, avocado toast, and happy hour." If you have passion for getting healthier, you need to listen. It gets "real" fast. #GGW
  2. What Should I Read Next? - This is the podcast for people who love to read. I have discovered so many wonderful new books. The podcast has helped me hone the types of books I enjoy and don't like at all. I'll avoid dysfunctional family drama at all costs.  I will gobble up non-fiction books that involve humanly insane physical challenges. Is that a genre? "What Should I Read Next is the show for every reader who has ever finished a book and faced the problem of not knowing what to read next. Each week, host Anne Bogel interviews a new person and finds out their tastes. Then, she makes recommendations about what to read next." #WSIRN
  3. Happier With Gretchen Rubin - Duh, who doesn't want to be happier? I feel a kinship to the co-host Gretchen Rubin as she is a recovered lawyer turned journalist. Each week Gretchen and her sister Elizabeth Craft discuss life hacks and habits that can help us to achieve more and hopefully bring about some happiness in our lives. "Gretchen Rubin is HAPPIER, and she wants you to be happier too. The #1 bestselling author of The Happiness Project and Better Than Before gets more personal than ever as she brings her practical, manageable advice about happiness and good habits to this lively, thought-provoking podcast. Gretchen’s co-host and guinea pig is her younger sister, Elizabeth Craft, a TV writer and producer living in Los Angeles, who (lovingly) refers to Gretchen as her happiness bully." #HAPPIER
  4. S-Town - S-Town is a seven episode podcast that will rock your world. While all my other podcast recommendations are ongoing, S-Town takes seven episodes to explore the life of one man in small-town rural Alabama. You must listen. Stick with it.  S-Town is from the producers of SERIAL and This American Life. "John despises his Alabama town and decides to do something about it. He asks a reporter to investigate the son of a wealthy family who’s allegedly been bragging that he got away with murder. But then someone else ends up dead, sparking a nasty feud, a hunt for hidden treasure, and an unearthing of the mysteries of one man’s life." #STOWN

Let me know what podcasts you enjoy and what I should read next. Please leave me a comment.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast Episode 85: Tamera Bennett, Gordon Firemark

entertainment law update podcast tamera bennett gordon firemark

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

Entertainment Law Topics In This Podcast Episode:

In Episode 85 of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast Episode 84 - Tamera Bennett and Gordon Firemark

#podcast Entertainment Law Update Podcast Episode 84 Tamera Bennett Gordon Firemark

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

Entertainment Law Topics In This Podcast Episode:

In Episode 84 of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Podcast Episode 83 - Tamera Bennett and Gordon Firemark

#podcast #createprotect Entertainment Law Update Podcast Episode 83 Tamera Bennett Gordon Firemark

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

Entertainment Law Topics In This Podcast Episode:

In Episode 83 of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.