Trademarks are essential because they serve to identify the source of a particular service or goods.

But sometimes, there can be confusion – or the potential for confusion – in the marketplace. Trademark law is set up in part to prevent such occurrences from happening and many applications for trademarks are rejected each year if The United States Patent and Trademark Office believes that a proposed mark may infringe upon the rights of an existing mark or pending application.

What tests do courts use to determine a “likelihood of confusion”?

“The tests used are based on the Circuit Court involved and whether the trademark is Internet-based or otherwise,” said Anthony Spotora, a Los Angeles-based business and intellectual property lawyer. “Some of the most widely recognized tests, however, are the Du Pont Factors and the Sleekcraft Factors. These refer to specific court case rulings.”

What follows is a list of factors that courts may consider, though some factors may be given more weight than others. Also, trademark infringement issues are considered on a case-by-case basis. Trademarks don’t have to be exactly similar either – just confusingly similar.

Heading Off Problems Before They Occur

“A trademark is a sign or indicator that can include one or more of the following: a logo, a word or phrase and images,” Spotora said. How does one avoid potential trademark infringement problems when selecting a mark?

Common factors in testing for likelihood of confusion:

-Similarity of the two marks

-Whether or not the goods and services offered by the two parties are related or similar

-The strength of the marks

-Proof of actual confusion

-What channels each party markets their respective goods or services

-How customers are likely to purchase the goods or services

-Intent in selecting the mark

-Whether there might be expansion into other markets and how that might impact each party

If one is seeking to apply for a federally protected trademark and/or service mark and is unsure if his or her mark might infringe upon the rights of a registrant or common law rights holder, it would be wise to order a comprehensive trademark search report through an intellectual property lawyer and let him or her review the findings and advise on such.

An ounce of prevention is worth a pound of cure!

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

It may have been tweaked a thousand times. Labored over for several years. And had heart and soul poured into it.

Every screenplay writer’s dream is to have his or her screenplay sold and end up on the silver screen. Getting Hollywood to bite and then knowing how to legally protect one’s creation are two important considerations.

Protecting the Intellectual Property

It is important to copyright the finished screenplay. While it is unlikely an agent or studio would steal from a script and risk litigation, the possibility does exist. A little bit of extra effort can prevent this unfortunate event from occurring.

There are two popular methods for copyrighting screenplays. One is to go through the Library of Congress. Legally, it is necessary to register a work in order to be successful in court.

The other option is to go through the Writers Guild. The Writers Guild is a writer’s union, though it is not necessary to be a member to have a script copyrighted. It is worth noting that this route can be relatively useless if the party ever winds up in litigation. Only a federally registered copyright with the U.S. Copyright Office will gain admission into federal court.

Selling The Script

Sometimes screenwriters use agents to sell or option their scripts, and sometimes they do not. Either way, here are the two kinds of common deals.

Sales: This is when a script is purchased outright by the producer. Sometimes there is a flat-fee provided upfront and other times an additional amount of money is offered if and when the film is actually completed. There are even some experienced screenwriters who can negotiate for residuals from such revenues as those generated from DVD sales.

Option: This is when the script is essentially rented for a certain time period. The producer retains the exclusive rights to the story and can then either relinquish the rights to the script or purchase it outright.

Negotiations

The compensation received for optioning or selling a script can vary greatly, depending on how well-known the script writer is, the quality of the story and how good of a negotiator the writer’s team is.

If an agent is used, there may be an entertainment attorney who can look over the legal issues in the contract. If no agent is used, it is best to hire an entertainment lawyer who can make sure one’s best interests are being looked after in the deal.

While selling a script can be a thrilling experience, it is important to make sure that one receives the most beneficial terms possible.

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

Both talent managers and talent agents try to find work for their clients, but each has a different manner of going about things.

For example, talent managers often work with a much smaller group of clients – often a couple dozen or less – when compared with talent agencies, which can have hundreds of clients. Agents primarily deal with casting directors to place actors in particular jobs. But talent managers also have relationships with producers and directors and others in the industry.

Talent managers, in short, help guide careers and can provide more personal attention and typically have a greater network at their disposal. Naturally, they also usually charge more.

For starters, agents are licensed by the state they work in and most commonly earn their money by negotiating deals for their clients. Typically, they also enter into a client agreement which is, in pertinent part, regulated by industry labor unions such as, the Screen Actors Guild (SAG), the Writers Guild of America (WGA) and, the Directors Guild of America (DGA). Through these regulated agreements, the commissions that agents charge their clients are legally bound to a prescribed percentage. Furthermore, it should be noted that agents may not serve as a producer on their clients’ projects.

On the other hand, managers are not commission-regulated, do not need a license to “manage” and, can charge their clients 15 percent or more. . . and often do.

The length of a contract with a talent manager can vary. Managers only get paid via commission, but a really good manager will actually cover various costs for his/her client due to their belief in their success and the manager’s ability to make things happen. It is also important to also choose someone who will actually take the time to help his or her client.

An actor with little or no experience may be willing to just sign up with any manager, but it is important to take a detailed look at the contract that is being offered. More than likely it will be a “standard” contract, but there is always an opportunity to seek adjustments.

Consider Before Signing

It is prudent to research a talent manager before signing a contract. Ask for references. Research court records to see if they have been involved in any lawsuits. And ask around the industry.

Before signing, it is also wise to have an entertainment attorney review the document. The money spent on the review could be well worth the cost of future problems.

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