Archive for May, 2011

Businesses Yearn to be Green but Need to Ensure They Can Truly Make this Claim

Los Angeles, Calif. – Being a “green business” is a big buzzword as more consumers are looking to be healthier and better to the Earth. But with the upcoming Earth Day on April 22, not all businesses are truly green, even though they make claims to it.

“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 https://www.spotoralaw.com/.

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Seek Legal Counsel to Ensure a Solid Terms of Service Agreement Online

Los Angeles, Calif. – The small print on a website seems hardly interesting, but the terms of service (“TOS”) agreement on a business’ home page is a must have to protect the business and its users.

A recent incident on Electronic Arts’ Dragon Age 2 online message board is a great example of what a terms of service agreement can do. Electronic Arts bought Dragon Age 2’s creator, BioWare, in 2007, and now a gamer must open an online account with EA to play the game. One of them voluntarily wrote on the BioWare message board, “Have you sold your souls to the EA devil?” Because EA had a terms of service message, they could prevent this gamer from logging into his EA online account for three days.

Businesses can cover a lot of issues in a TOS agreement, but they must be sure not to copycat another site’s TOS content. TOS agreements are actually copyrighted and since every business has unique rules and systems, it is best to get a qualified business attorney to assist in its creation and enforcement.

A terms of service section will go over the rights and responsibilities when a user accesses a website for e-commerce, research, or pleasure. By continuing to click on a site’s unique pages, users will be viewed as agreeing with the TOS statements. Business attorneys will give legal guidance on rules for online privacy, safety and account security, interactions with other domestic and international users, advertising and copyright policies, as well as dispute resolution and termination of services.

“Today’s marketplace is not an easy one to thrive in,” said Los Angeles business attorney Anthony Spotora of the Law Offices of Spotora & Associates. “An experienced business attorney can assist a website and business owner with making sure they have thought of every facet on their terms of service page so the business has the best chances for success and the best possibility of avoiding issues that were otherwise preventable.”

Anthony Spotora has decades of experience in business law. From start-ups to large, multinational corporations, he counsels on terms of service agreements, intellectual property rights, business contracts and partnerships, and business plans. The firm represents clients in many industries, from restaurants, nightclubs, web-based businesses and accounting firms, to Hollywood studios, production houses, entertainment agencies, technology firms, pharmaceutical companies, and land-based retail outlets.

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

Protect Yourself and Your Brand by Trademarking Your Name

Why in the world would someone feel compelled to trademark his or her name? Individuals already have legal documents and identification showing the name their parents gave them at birth, so what’s the big deal about protecting a name?

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.

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Same Sex Cohabitation Agreements on the Rise in California and Nation

Gay and lesbian partners treat each other like family, even though California law still does not allow them to marry each other. California does permit domestic partnerships however and the American Academy of Matrimonial Lawyers has recently noted a rise in couples seeking cohabitation agreements by 39 percent.

These agreements are not only key to establishing the rights and responsibilities of each partner, but they additionally serve as a guide throughout the relationship. And, should things eventually turn toward a breakup, proper expectations for the division of property and assets are already laid out within them.

Domestic partnership attorneys can assist in making the cohabitation agreement a legal, binding document. It will designate property, assign assets as the couple sees fit, and establish roles for parenting and child custody should that be relevant. The agreement will also define how property and assets will be divided should a separation or death occur. Essentially, same sex couples are creating the equivalent of a premarital or prenuptial agreement with the cohabitation document, and many LGBT couples are wise to have this agreement in place before registering their domestic partnership with the state.

A cohabitation agreement is also a fantastic way to have an open conversation about finances. Some partners might bring certain debts or big assets to the relationship that need to be discussed. A frank conversation about how credit cards will be handled, how money should be set aside for savings, and whether to keep accounts separate or joined is relevant to have. Goal setting is appropriate too, so any future property purchases and business ventures should be discussed. Domestic couples will most likely want to update the cohabitation agreement should a big step like this occur to protect each other’s rights.

In tandem with the cohabitation agreement, it’s wise to create estate planning documents so a couple can actually transfer property and assets should death occur. A will, living trust and power of attorney can be easily created by the same attorney in California.

Without these key agreements and documents, your life’s work could wind up in court and your partner could have to engage in a courtroom battle to keep assets, oftentimes ending up in the middle of a family squabble too. Creditors could also come after the surviving spouse for debts.

Each partner is advised to hire a separate California domestic partnership lawyer to create, review and sign the cohabitation agreement. Los Angeles domestic partnership lawyer Anthony Spotora commonly counsels same-sex couples to create cohabitation agreements, estate plans, and qualified domestic relationship orders. The Law Offices of Spotora & Associates, P.C., is skilled in making sure the financial issues, tax concerns, and each partner’s rights are upheld. Their expertise will safeguard your wishes during the partnership and the livelihood of your estate and heirs.

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.

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