The case is currently underway in the U.S. District Court for the Northern District of New York, but it has repercussions that are relevant to businesses everywhere. The Car-Freshner Corp. has used the iconic tree symbol on its air freshener for more than 55 years. Numerous TV, movie, and pop culture references have used the tree fresheners and thereby created an even bigger impression on consumers. The lawsuit also lists Julius Sämann, the inventor of the air freshener who “spent five years extracting pine needle oils in the Canadian wilderness before he came up with the shape, name, and fragrance in New York in 1952.”

Car-Freshner Corp. has six registrations for its tree designs in a wide array of goods and services classifications and it further licenses those designs to third parties such as MasterCard, Samsung, Carnival Cruise Lines, and Buffalo Wild Wings. Car-Freshner Corp attests that Beck & Call not only created customizable tree design air fresheners for companies such as DirecTV but that their use of the tree design violates the Lanham Act and other trademark laws. From infringement, unfair competition, trading off the goodwill and reputation of Car-Freshner, and dilution of its unique tree design, Beck & Call has been slammed with it all.

The lawsuit goes to the core of trademark and intellectual property rights a business works hard to maintain, enjoy, and profit from. As such, businesses who secure legal counsel early on during product development stages and further work with their counsel to help them navigate through additional complex business and intellectual property matters often come out ahead of their competition.

In California, Los Angeles intellectual property attorney and Los Angeles business attorney Anthony Spotora provides critical legal guidance to businesses and individuals. From launching a product, analyzing business plans, and registering trademarks and copyrights, the Law Offices of Spotora & Associates is a trusted resource in Southern California and throughout the nation. They represent a wide array of industries as they research, protect, enforce, and defend their clients’ rights.

For more information:

www.spotoralaw.com

Law Offices of Spotora & Associates, P.C.

1801 Century Park East, 24th Floor

Los Angeles, California 90067-2302

P (310) 556.9641

F (310) 556.9642

Toll Free: (877) 4U-EZ-LEGAL

To learn more, visit http://www.spotoralaw.com/.

A business’ name is vital to its branding and sales tactics. Recently, the IP Watchdog magazine commented that trademark infringement is one of the top five mistakes that a startup company makes. As a company gets busy with all the other tasks to get sales and operations going, it can brush off critical steps that will protect the business’ identity, efforts, and assets. Every business can benefit from speaking with a qualified intellectual property attorney to do a full clearance search, to register, acquire, and enforce its trademark.

The current lawsuit of iCloud Communications v. Apple demonstrates the importance of far-reaching trademark protection. iCloud Communications is a Phoenix, Arizona based company that sells cloud computing telecommunication services, hardware, and software. They have used their trademark since 2005 and expended a lot of effort and money to establish, “goodwill and valuable rights in and ownership to the iCloud Marks in connection with computer telephony and electronic data transmission and storage services.” So it was to their surprise when Apple’s Steve Jobs unveiled a new telecommunications and data storage platform called iCloud on June 6 at the Worldwide Developer Conference.

IP and trademark cases usually favor the company that used the registered trademark first and are backed by evidence of how the trademarks were used in the state versus federal context. Already the Phoenix company says it is getting calls “from both existing and prospective customers regarding whether it is now owned or affiliated with Apple” and because of Apple’s extensive marketing machine, more people will associate iCloud with Apple than anything else. If true, it seems clear then that iCloud Communications can prove that there is not only a likelihood of confusion but, there is already actual confusion.

Trademark confusion, dilution, and disputes are serious matters and when a company must stop using its mark, all collateral, customer relations, and years of effort with that particular name must cease. Moreover, in federal courts, an infringer can be liable for three times the owner’s damages plus attorney fees and court costs.

In California, Los Angeles intellectual property attorney Anthony Spotora counsels many diverse businesses to set up, purchase, and maintain their trademark rights. The Law Offices of Spotora & Associates can help a company with basic trademark registrations and more complex matters involving a large portfolio of registrations both in the United States and abroad. Their accomplished trademark attorneys can protect and enforce your trademark and ensure it’s renewed within federal guidelines to strengthen your protection.

For more information:
www.spotoralaw.com
Law Offices of Spotora & Associates, P.C.
1801 Century Park East, 24th Floor
Los Angeles, California 90067-2302

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

Right now copyright protection does not exist for social media users. Many of the sites’ terms of service policies show that by posting content an individual automatically grants the site to use, copy, display, and create a derivative work of any content posted or sent out. And should any site modify its rules, by simply using the site, the user consents to the new rules. Only in very rare circumstances can copyright protection be granted.

Case law shows that word count and originality do matter. As most posts and tweets are unoriginal – commentaries about a TV show, family outing, or breaking news – and factual, it is more difficult to establish its creativity and uniqueness. But certain celebrities command millions of followers and write catchphrases that become part of a social and product marketing frenzy. Also, accomplished and budding poets and writers can be well suited to writing haikus, for example, with Twitter’s 140 character limit. These individuals would not want to see their short yet brilliant works helping another person or company make a profit.

“What’s more practical is copyrighting a compilation of your tweets or catchphrases if they are legitimate enough to command protection for its commercial value or creativity,” said Spotora, who is the managing attorney at Spotora & Associates.

Copyright protection, should it be valid, does not get enforced automatically. An individual must register it with the U.S. Copyright Office to prevent use by a third party. Since most social media users don’t have valid claims, many of the social media sites have guidelines for software developers and reposting of material. Both Twitter and Facebook recommend that any posts or tweets to be republished should provide attribution of the author, maintain the integrity of the original content, obtain the author’s consent, and get permission if the content is to be made into a commercial product.

“Copyright protection is just one segment of the calls we’re handling right now,” Spotora said. “Others are calling about online partnership deals gone bad or instances where comments have defamed an individual.”

All of these scenarios have more legal repercussions and merit expert legal counsel. From his Century City offices off Santa Monica Boulevard, Spotora is well poised to keep updated about the intersection of new media, Internet, intellectual property rights, and the law. He and his team of senior-level attorneys represent both individuals and businesses with solid legal guidance and a hands-on approach.

For more information:
www.spotoralaw.com
Law Offices of Spotora & Associates, P.C.
1801 Century Park East, 24th Floor
Los Angeles, California 90067-2302

P (310) 556.9641
F (310) 556.9642
Toll Free: (877) 4U-EZ-LEGAL

To learn more, visit http://www.spotoralaw.com/.

The actors, who shot to stardom during the show’s original run from 1974 to 1984, recently were amazed by all the products with their images on them, including “Happy Days” slot machines. Comic books, trading cards, scrapbooks, greeting cards, t-shirts, games, lunch boxes, dolls, toy cars, magnets, and DVDs with their images kept popping up. There is even a licensing deal in the works for a suite of “Happy Days” lotto games.

“When these slot machines came out, it was like Barnum and Bailey came to town,” said Anson Williams, who played ‘Potsie’ in the show. “We were bombarded with, oh look at these pictures, they’d be all over the country.”

CBS claims it only owes the actors between $8,500 and $9,000 each for products with their images sold during the last four years. The actors in their breach of contract lawsuit show they are due millions of dollars for the products. The parties tried mediation earlier in the year to resolve the dispute with no luck. Ron Howard, known on the show as “Richie Cunningham”, and Henry Winkler, the iconic “Fonzie”, are not involved in the lawsuit and had separate contracts with the studio.

“’Happy Days’ is the type of show that represents the best we can be,” Williams said. “It’s something warm, something tactile when life was good and life was simple. When friends were there and neighbors were neighbors… I think it’s going to ring in peoples’ hearts because it’s going beyond this show.”

“There’s a huge juxtaposition for ‘Happy Days’ to represent the coldness of big business, the wrongdoing of big business and the greed of big business,” Williams continued. “And the idea that they don’t have to abide by contracts, and they can get away with anything as long as they are not caught. And they picked the wrong show.”

In the fast-paced world of Hollywood and television, it benefits to have legal counsel review an actor’s contract, merchandising and licensing agreements, and represent your interests to the big studios. The right Hollywood entertainment lawyer can save actors a lot of headaches and financial pain.

The Law Offices of Spotora & Associates has a wealth of experience representing actors, writers, producers, agencies, and studios. Their Los Angeles entertainment attorneys have counseled many individuals from hit television shows in negotiations, drafting contracts, securing intellectual property rights, and litigating when their client’s rights needed to be upheld. Anthony J. Spotora, Esq., is the managing attorney at Spotora & Associates, and is known for a hands-on approach, giving clients individualized attention, and for his experience from working for the big studios in their legal departments.

For more information:

www.spotoralaw.com

Law Offices of Spotora & Associates, P.C.

1801 Century Park East, 24th Floor

Los Angeles, California 90067-2302

P (310) 556.9641

F (310) 556.9642

Toll Free: (877) 4U-EZ-LEGAL

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

“Greenwashing” or false advertising claims about being eco-friendly will be prosecuted by the Federal Trade Commission, denied a trademark with the U.S. Patent & Trademark Office and challenged by the National Advertising Division of the Better Business Bureau.

“In recent years, businesses have increasingly used ‘green’ marketing to capture consumers’ attention and move Americans toward a more environmentally friendly future,” said FTC Chairman Jon Leibowitz. “But what companies think green claims mean and what consumers really understand are sometimes two different things.”

Before a company pours money into sales and marketing efforts, it is advised to get an accomplished trademark attorney to make sure product claims can be backed up with scientific data. A good trademark attorney will research, register, and protect a business’ trademark rights and ensure its claims to being green and environmentally friendly are valid.

“The U.S. Patent and Trademark Office has thousands of trademark applications with the word green in it,” said Los Angeles trademark attorney Anthony Spotora of Spotora & Associates. “You want your trademark to be original, as well as any tag line or line of products you’re creating.”

Last year, the FTC issued a warning to 78 companies, including Target, Wal-Mart, and Kmart that were selling “bamboo” eco conscious products that actually turned out to be rayon textiles. Rayon is a manmade fiber from plant and tree cellulose, but in the process of making it harsh chemicals are used that release air pollution.

“Deceptive labels and advertising to appeal to the green consumer is not something to be taken lightly,” Spotora said. “Make it a point to check out the FTC’s Green Guides before you embark on product development.”

Consulting a trademark attorney can save a business time and money. The Law Offices of Spotora & Associates represents clients’ trademark, intellectual, and business rights throughout Los Angeles, the U.S., and abroad. They have extensive experience in trademark law and have helped companies from start-ups to multinational corporations with all their business needs. Their senior-level counsel is also well versed in product launches, development, and business plans.

To learn more, visit http://www.spotoralaw.com/.

For celebrities, business people, and other notable individuals, your name can be everything. Lady Gaga, Julian Assange and even Bristol Palin have trademarked their names. Trademarking your name will protect the commercial use of your name and subsequently prevent others from others using it in the sale of goods or services.

Moreover, trademarking your name will safeguard the name in particular categories, such as entertainment services, and further cover the conceivable uses of that name. For example, Lady Gaga might want to trademark in multiple categories to prevent a company from using the Lady Gaga name to sell clothing. Registration can cover different classes of use, including video, film, books, calendars, and posters, just to name a few. This in turn gives the individual legal protection and rights to go after counterfeiters and false endorsements.

“It’s not about restricting free speech,” said Mark Stephens, Julian Assange’s lawyer. “It’s not that he’s out there trying to make huge amounts of money. It’s about protecting himself from being associated with things he doesn’t know about or approve of.”

Typical trademark applications take many months for approval. In California, Los Angeles entertainment lawyers and Los Angeles trademark lawyers counsel on the many legal requirements, strict deadlines, and complex paperwork that goes into securing a trademark or service mark. An experienced attorney is also critical to assist with any legal questions that the U.S. Patent and Trademark Office might have.

Once a trademark registration is approved the individual can:
• prevent the import of infringing foreign goods through the U.S. Customs and Border Protection Service
• take legal action in the federal court system to protect their intellectual property rights
• use the U.S. trademark as a way to get registered in foreign countries

The registration lasts as long as post-registration documents are maintained and paid for at the five-to-six-year timeframe and again between the ninth and 10th year. From thereafter, the registration will need to be updated every 10 years.

Los Angeles entertainment attorney and Los Angeles trademark attorney Anthony Spotora counsels celebrities, musicians and bands and other notable persons and businesses on how trademarks can protect their identity, brand and financial livelihood. The Law Offices of Spotora & Associates, P.C., has decades of experience with the trademark process and litigating to fight for their client’s rights throughout California, the U.S., and abroad.

For more information:
www.spotoralaw.com
Law Offices of Spotora & Associates, P.C.
1801 Century Park East, 24th Floor
Los Angeles, California 90067-2302

P (310) 556.9641
F (310) 556.9642
Toll Free: (877) 4U-EZ-LEGAL

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

In February, the Ninth Circuit Court of Appeals denied the U.S. District Court for the Northern District of California’s analysis of the Trademark Dilution Revision Act (“TDRA”), thus allowing Levi Strauss another chance to debate its claims that Abercrombie is trying to mimic Levi’s famous arch design on the jean back pocket.

The Ninth Circuit asserts that the Trademark Dilution Revision Act does not only mandate that a design must be “identical or nearly identical”, but for a dilution claim to be valid, the plaintiff must show six factors, including the prevalence of similarity and that a junior mark is “likely to impair the distinctiveness of the famous mark.” Soon enough, the District Court will be hearing the case again since the Ninth Circuit deemed Levi’s has enough of a claim.

Levi’s has been selling blue jeans since the 1870s and its trademarked “Arcuate” back pocket design with two connecting arches has always been a strong visual identifier for the brand and its wearers. Jeans with this back pocket design equal an estimated 95 percent of Levi’s sales and in the last 30 years raked in $50 billion in revenue. In 2006, Abercrombie began using a “Ruehl” design with two less-pronounced arches that Levi feels dilutes their stitching mark.

Apparel companies and businesses in general spend tons of money and lots of creative effort to have their brands stand out from the competition. The lawsuit brings up questions of how the courts will rule for similar design and logo concepts. In this instance, will the courts allow all jean companies to use arches, therefore diluting this identifier in infinite ways? Some say it is akin to letting other computer companies use the sign of the bitten apple, diminishing the power of a visual cue that a company has cultivated for its own benefit in the public’s consciousness.

The TDRA requires that a company alleging dilution by blurring of the designs show an overwhelming degree of dilution. The ruling can compensate for likely, not necessarily actual, dilution and separately, injunctive relief.

The six factors include the:

- degree of similarity between the mark or trade name in question and the famous mark

- degree of inherent or acquired distinctiveness of the famous mark

- extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark

- degree of recognition of the famous mark

- whether the user of the mark or trade name in question intended to create an association with the famous mark

- any actual association between the mark or trade name in question and the famous mark

The Ninth Circuit court drew a line in the sand to follow the rationale of the TDRA and not any pre-TDRA rulings that required marks to be substantially similar to seek dilution decisions.

“The degree of similarity between the Ruehl and Arcuate marks may be insufficient to support a likelihood of dilution, but that conclusion can come only after consideration of the degree of similarity in light of all other relevant factors and cannot be determined conclusively by application of an ‘essentially the same’ threshold,” said Kenneth F. Ripple, Senior Ninth Circuit Court Judge.

In California, Los Angeles intellectual property attorney Anthony Spotora is paying close attention to how the case will be decided. This case as well as other business needs show that legal counsel is crucial early on for a brand. From trademarks, copyrights, product launches, and contractual agreements, an experienced attorney can help protect a company’s rights from the start-up stages to ensuring its assets are safeguarded each and every day.

The Law Offices of Spotora & Associates defends clients’ intellectual property rights throughout California, the U.S., and abroad. They are known for their senior-level counsel and personalized attention to give each client exceptional results.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

A business should protect its website and all the content, design, and graphics by copyrighting it. This way, all the original works of authorship are protected, as well as the look and feel of the website. Be sure to request ownership of the copyright in a written agreement if an outside company creates the website. This could increase the fees from the graphic design company but then later on the business could have the authority to use the same graphics and content on promotional materials such as brochures and mailings.

Copyright protection starts when the work is fixed in a tangible medium. Use the copyright symbol to inform others that the business has control over the display of the website, its production and distribution. State in the fine print that the business has created the website and is copyrighted. By copyrighting a website, it will be easier to seek court enforcement of the copyright should a copycat come along.

“A business and its employees work hard to create and maintain an Internet presence that will generate revenues and continue the marketing efforts,” said Anthony Spotora, Los Angeles business and intellectual property lawyer. “A good lawyer will help their clients protect their Internet business assets through copyright protection services.”

Copyright infringement is a very serious matter and should a programmer even copy code from another website, a business could be on the wrong side of the law. Websites can be shut down without notice as a part of the Digital Millennium Copyright Act and “blacklisted” from Google. Google will remove sites that infringe on another’s intellectual property, program its spiders to avoid the site and ban it from its Adwords and Adsense programs.

It pays to hire a business and intellectual property attorney to assist with trademarks for domain names and unique business phrases, copyrights for the website, and contractual agreements for creative services done both for the website and with vendors used during daily business transactions.

Spotora & Associates has more than a decade of experience representing clients from start-ups to established national corporations with their website and intellectual property concerns. They are skilled in researching, registering, and protecting intellectual property rights throughout the United States and abroad.

To learn more, visit http://www.spotoralaw.com/.

An estimated 67 percent of U.S. households play video or computer games, with most of them enjoying sports or action games. With the amount of consumers and moneymaking opportunities, it is no wonder that the industry must protect its intellectual property rights and flex its legal muscles when needed.

Trademarks, copyrights, patents, trade secrets, and rights of publicity enable innovators and companies to develop new games that competitors cannot touch. Experienced video game companies and innovators know that an intellectual property attorney is key to keeping their competitive edge. From the initial stages of creating a game to staying ahead of the next “it” game or console, legal counsel is a must to defend your rights.

Trademarks protect a company from copycats that want to steal the success of a popular brand, character, title or symbol. By registering the trademark, no competitor can use the name, thus protecting the reputation and marketing efforts.

Copyright laws guard the software itself as well as the characters and icons or weapons, scenes, music, videos, pictures and dialogue. A good test for copyright infringement is to first determine whether the defendant had access to the copyrighted work and then to compare one of game A’s screenshots to game B’s screenshots. If they are qualitatively and quantitatively similar and an ordinary person would look at both and think they are copycats, then infringement will likely be found. Many software piracy cases involve this facet of the game and penalties have high monetary damages.

With the explosion of “apps” for cell phones and computers, many consumers are amazed by how some games are looking similar to each other. The developer Twisted Pixel could go after Capcom because it mimicked Twisted’s Cut the Rope game with Rope Cut and The Blocks Cometh. So far though, the developer has not pursued legal action on them. “Since we owe Capcom so much for its many contributions to all of our childhoods, we will just keep our focus on making new games,” Twisted Pixel CEO Michael Wilford told Pocket Gamer. “That way [Capcom will] have something else to use for ‘inspiration’ next year.” Capcom responded with, “We are saddened by this situation and hope to rebuild the trust of our fans and friends in the gaming community.”

Innovators and companies must look after every part of their game. Enrolling for a patent ensures the technological exclusivity and original designs for 20 years typically. Patents involve user interfaces, algorithms, scene rendering, menu, editing and display choices. For example, U.S. Patent No. 4,662,635, Video Game With Playback of Live Events, uses pre-recorded live action sequences in specific video games. The patent owner and the game company sent many cease-and-desist letters to competitors as it was the first to develop this specific technology.

Trade Secrets assist business to keep select information secret. From business and marketing plans, to customer lists, and concepts and processes to creating the software and game assets, these are critical pieces of knowledge to keep under wraps.

The Law Offices of Spotora & Associates helps many developers, distributors, and publishers in the software and computer game industry. Their managing attorney, Anthony Spotora, has more than a decade of experience as a Los Angeles intellectual property lawyer. From negotiations to licensing agreements and advising on IP laws and structuring joint ventures, his firm can assist clients in the U.S. and abroad.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

New technologies are created so often, and with that new providers of entertainment products and content are jockeying to attract consumers. Whether you are starting a record label or are an established music heavyweight, it is crucial to have a lawyer that knows how to guide you through the new media and music laws.

Entertainment attorneys will structure, negotiate and update contracts and agreements for Internet and new media outlets. As advertisers and marketers look to deliver information and entertainment to the masses, lawyers will counsel on finance, production, licensing, and the sale of intellectual property to be broadcasted on the Internet, cell phones and wireless devices, interactive and video game platforms and other digital channels.

Product placement and brand integration ventures in feature films, television, and new media are also areas where a lawyer can ensure both the business and creative rights of the label and artist are upheld. Many labels are also creating “360 deals” to increase revenue streams through tours, concerts, merchandising and new media partnerships.

Record labels realize the importance of YouTube, for example, to virally show off their artists. It is hard to control postings of copyrighted materials by fans, so labels work with their lawyers to negotiate licensing terms for their songs and videos that appear on the popular website. And with increasing sales of digital music and fewer CD sales, downloading royalties can rack up to millions of dollars in revenue for artists and labels.

Any size record label can benefit from a savvy entertainment lawyer to establish the label name, website presence and connect them with start-up capital opportunities and marketing professionals. From business plans to product launches and artist contracts, they can buffer the label and artist from the cutthroat music industry.

For those that are starting record labels, lawyers will give you vital advice to build the record label of your dreams. Armed with an excellent entertainment lawyer, a record label can last longer and protect their image and creative brilliance.

The Law Offices of Spotora & Associates has decades of experience representing musicians and record labels in Los Angeles, Southern California and the world. They have worked with some of the biggest talent in the industry and have a hands-on approach to give their clients the utmost in individualized attention.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.