Business owners work diligently to build value in their company and to attract consumers and investors. Many plan for the day when they can go public and have an initial public offering (IPO). With recent technology companies raising some serious cash, it’s no wonder that many businesses are contemplating if they can mimic LinkedIn and Pandora’s IPO successes. To that end, whether your company is in the tech sector or a different industry, you’ll want to get a qualified business attorney on your side.

When a company files for SEC registration, the information becomes public record. As such, a knowledgeable business attorney will ensure that the registration and documents meet SEC requirements and protect your corporate image. Preparing for an IPO is tedious work, and unless your company can get an SEC exemption, the paperwork is best drafted and reviewed by counsel.

For those companies who want to pursue other methods of raising capital and are eligible for one of the SEC exemptions, legal counsel remains critical. For example, the Rule 504 exemption of Regulation D allows a company to avoid SEC registration if they: sell up to $1 million in securities in any given year timeframe privately; do not have to file reports per the Securities Exchange Act of 1934; and, it is not a blank check company. The Rule 504 exemption lets a company avoid SEC registration and some report filing, but a company will still need to file Form D after the first securities are sold in a private sale. An experienced business attorney will help a client make sure the documents for the private sale and Form D are completed thoroughly without erroneous statements and violations of antifraud provisions.

This also applies to Rule 505, Regulation D of the SEC exemptions. Rule 505 allows up to $5 million in securities offerings and has different investor requirements, but Form D is still mandated. A business attorney will give a company peace of mind that they are completing investor disclosure documents and Form D efficiently.

Rule 506 exemptions allow a company to raise unlimited monies but all non-accredited investors must be sophisticated investors, unlike the guidelines of Rule 505’s non-accredited investors. Form D is still required.

Overall, a business attorney is well worth the investment to ensure that all the steps are completed with precision. The SEC is not a governmental body anyone wants knocking at the door for failing to comply with their rules and regulations. Retaining legal counsel, whether to raise capital through an IPO or privately, helps a company move forward in the best way possible. Business owners can therefore focus on the aspects they are best at and lessen their stress and potential liability during this critical time.

In California, Los Angeles business attorney Anthony Spotora counsels businesses from sole proprietorships to major international corporations on raising capital and SEC requirements and exemptions. The Law Offices of Spotora & Associates, P.C., has decades of experience with businesses 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.

Before federal trademarks were enacted, most individuals and companies registered their marks with the state. State registration for trademarks is still available and less expensive, but with most companies and products wanting to be national, federal trademarks are worth the expense and added protection. In fact, unless a company plans on only selling their goods or services in the state – which is particularly rare with so many companies selling over the Internet – federal registration makes more sense for most businesses.

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.

Los Angeles, Calif. – Social media has now reached such a fever pitch in our society that people want to copyright their tweets on Twitter and Facebook posts. Los Angeles intellectual property attorney Anthony Spotora has received many calls recently for people wanting to copyright their words, sue others for copying posts, and for claims of social media defamation.

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 https://www.spotoralaw.com/.

Entrepreneurs and business-savvy individuals are looking at franchises as a way to kick-start their incomes and livelihood. Many U.S.-based franchises are generating interest globally in places such as China, India, the United Arab Emirates and Brazil as their markets crave American products and their investors still have money to dole out on business ventures. A recent survey by the International Franchise Association noted that more than 75 percent of franchises are planning to begin international projects in the next year.

Basic economics are attracting everyone from the stay-at-home mom to the experienced business investor to try franchising. Inc. Magazine listed the following franchises as the most lucrative and in-demand in the U.S. and abroad:

• Healthy eating
• After school education
• Spas
• Edible arrangements
• In home elderly care
• Cleaning services
• Junk haulers
• Fitness

Inc. Magazine shows how some franchises can be run out of your home with only a smartphone and laptop, or for those individuals wanting to have a storefront, signing retail or office space leases. Many franchises have low barriers of entry and consumers waiting in the wings to buy products and services. For the best chances of success, an individual looking to start, buy, and even sell a franchise should get a qualified business attorney to make sure the rules, restrictions, and fees are reasonable and understood.

Franchise agreements can be complex and for new franchise ventures, it is key to secure trademarks and intellectual property rights to protect the brand. A business attorney can help ensure that when a business goes global, the franchise’s core concepts are followed, employee agreements are well thought out, and every step of the business plan analyzed for legal protection. Legal counsel is priceless to a franchise business and will save the business owner time and money in the long run. Successful businesses are oftentimes vulnerable to copycats, so legal representation will go a long way to squash others who are looking to feed off the business’ success.

In California, Los Angeles business attorney Anthony Spotora helps franchisors and franchisees with all their legal matters. The Law Offices of Spotora & Associates is accomplished at reviewing and negotiating franchises for prospective franchisees and is additionally accustomed to establishing the corporation or limited liability company for them. They are well-versed in reviewing leases too and should a dispute arise, taking the steps necessary to resolve it.

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.

Four cast members of the popular “Happy Days” TV show are suing CBS in Los Angeles County Superior Court after tons of merchandise began being sold with their images, without pay. Anson Williams, Don Most, Marion Ross, Erin Moran, and the estate of Tom Bosley, all have contracts stating that they are to be paid five percent from merchandising net proceeds if their image is used solely and two and a half percent if in a group image. CBS does subtract 50 percent off the top as a handling fee.

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.

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/.

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/.

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.

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.

Los Angeles – In February, the director, screenwriter, and entertainment companies involved in The Hurt Locker filed a motion to countersue Iraq war veteran Jeffrey Sarver. Master Sgt. Sarver claims that the movie was based on his own life story within the Army bomb squad and originally sued the group the day before the Academy Awards in 2010.

Now that the countersuit is transferred to California, The Hurt Locker group is using the anti-SLAPP statute to allege their free speech is being compromised and requesting the judge to order Sarver to pay their attorney fees. Sarver claims that he was the inspiration behind the main character Will James, aka Blaster One. The original lawsuit alleged that the movie defamed him and cheated him out of the financial success of the film. The movie’s director was embedded with Sarver’s unit while doing research for a Playboy article, but asserts the film and its characters are fiction.

In Hollywood and the movies, life story rights agreements typically involve a production company paying an individual, and sometimes their relatives, to cooperate and tell them all the details of their life needed to develop a full story. They may divvy up particular life events and also spell out rights for exclusivity, specific projects and media where the story can be shown.

Life story rights include rights related to privacy, publicity, and defamation. The right of privacy includes the right not to be portrayed in a false light, including embarrassing facts. Defamation can be proven if, for example, The Hurt Locker wrecked Sarver’s reputation and caused damages. And since Sarver was not a public persona, unlike a celebrity, his rights to privacy could be the most egregious problem of all grievances in the lawsuit.

The Law Offices of Spotora & Associates in Los Angeles have worked with the best talent, production houses, studios, and distributors and understand the importance of life story rights to make a movie or television show more dynamic. From individuals to big movie productions, protecting their clients’ rights and litigating for their clients ultimate win makes them the go-to Los Angeles entertainment attorneys.

Their managing attorney, Anthony Spotora, is experienced in entertainment contracts, options agreements, as well as representation and royalty agreements.

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