Recently, ‘The Help’ star Octavia Spencer filed suit against Sensa Products after the company allegedly failed to uphold its end of an endorsement contract.  Los Angeles entertainment attorneys understand that entertainers get paid for their work in movies, television shows, and on stage; however, endorsing products is another source of income for many entertainers, and often helps them further develop their public image.  For many budding and seasoned entertainers, product endorsements are an essential additional income source as well.

When an actor or actress endorses a product or service, there is typically a contract involved.  Spencer, who was a spokesperson for Sensa, claims in the suit that the company failed to pay her for speaking publicly regarding the benefits of Sensa products for weight loss.  According to a news article at Business Standard, the terms of Spencer’s contract included that she would not pose for photographs or appear in tabloid publications.  Sensa upheld these terms, however claims that there were issues with Twitter endorsements made by Spencer, specifically that her tweets included a ‘#spon’ hashtag so that Twitter followers would know her tweets were sponsored messages.

Federal Trade Commission (FTC) recommends that when promoting products via social media or talk shows, entertainers and celebrities disclose the relationships they have with advertisers.  Spencer was following recommendations, and attempting to be honest and transparent with fans; now, it seems that her efforts to be honest has resulted in punishment by Sensa in the form of non-payment for her endorsements of their weight loss product.

Spencer did actually lose weight while using the products, however the company claims she was in breach of contract for using the #spon at the end of her Twitter updates.  Her attorney said that the product manufactured by Sensa is designed to trick the user’s brain, and the fact that the company ‘manufactured’ allegations against Spencer, the company’s most prominent spokesperson, does not come as a surprise.

Will Spencer ultimately be compensated for endorsing Sensa Products?  Perhaps we will hear more about the outcome of this case in the coming weeks and months.

Spotora & Associates is a Los Angeles-based entertainment and business law firm dedicated to securing the results our clients expect.

Think about this for a minute. What does the term “Golden Arches” mean to you? Chances are, you’re thinking of the company McDonald’s. That’s a sign of trade marking at its best. Social media and e-commerce have broadened the spectrum of trademark protection even further. In the nebulous world of “online e-commerce,” trademark infringement is a real danger.

Fortunately, an experienced Los Angeles business lawyer can help you protect your brand, your reputation, and your word-of-mouth and recognition among your customers. Converse, for example, just filed a trademark infringement lawsuit against a small online company called Autonomie Project to protect its Chuck Taylor All-Stars sneakers, which Autonomie had appeared to copy closely with its Ethletic High Tops.

How the Online World has Made Trademark Infringement even more Possible

Social media has made online advertisement almost ubiquitous. In a very short time, a marketing campaign produced through social media venues like Facebook and Twitter can “go viral” – and make you visible and successful much more quickly and easily than past advertising methods.

That’s wonderful, but it also opens you up to a whole new level of risk in regard to trademark infringement. Fake Facebook pages can entice people to buy counterfeit goods that look “just like the real thing,” or can make your logo visible enough that someone else can copy it very closely in an attempt to take advantage of the recognition you receive without having to work for it.

Protecting Yourself from Trademark Infringement

It’s especially important to protect yourself from trademark infringement at all times. In your company, assign just one team or even one person (depending on your size) to work with your social media, so that should trademark of return happen from within, it’s far more likely they’ll catch the perpetrator. Number two, reward employees if they see possible trademark infringement happening and report these incidents to you. If you do see trademark infringement happening, often the first thing to do is simply contact the company and ask them to stop posting the questionable information, logo, etc.

If that doesn’t work, it’s probably time to contact a Los Angeles business attorney that specializes in trademark infringement. Today’s Los Angeles business lawyers are versed in trademark infringement of all kinds, including that which occurs online. If you find that you have been copied in any way and you know that it’s going to affect your brand recognition, an experienced Los Angeles business lawyer can help you protect that brand, trademark, logo, etc., and helps you keep the reputation and recognition you’ve worked so hard to get. Don’t let someone else ride on your coattails of success to his or her own without intervening. If you’ve been a victim of trademark infringement, get help right away.

As Los Angeles business merger and acquisition attorneys, we understand the mistakes that are often made when it comes to combining business operations.  In recent months there has been plenty of speculation regarding the merging of U.S. Airways and American Airlines, both good and bad.  In fact, some opponents of the merger have filed lawsuits, claiming the merger of the two would ultimately drive up prices, hurting consumers.  One such lawsuit was recently filed in a San Francisco federal district court on behalf of nearly 40 consumers, according to an article at The Huffington Post.

In recent years there have been two occasions on which major airlines merged.  Executives in the US Airways-American Airlines merger have certainly had an opportunity to examine the mistakes made in similar mergers in order to avoid them in combining business operations.  Derek DeCross, who is vice president of global sales for American Airlines, recently said lessons could be absorbed from the two most recent airline mergers, Continental and United in 2010, and Northwest and Delta in 2008.

In past airline mergers, problems have cropped up which could have been prevented.  In 2005 when AmericaWest and US Airways merged, the reservation system of AmericaWest was used and issues ensued due to using the smaller system.  Even United admitted that after merging with Delta, there were numerous problems including flight delays and cancellations.

In recent days., employees of American and US Airways have been planning methods of pressuring lawmakers to support the merger after an antitrust lawsuit was filed by the U.S. Department of Justice.  In fact, officials at both airlines have been engaged in planning an employee “fly-in” on September 17 and 18, where employees will actually arrive in Washington, D.C. so that they can take a personal approach in pressuring lawmakers.

Time will tell what happens with the merger, but if all goes well perhaps all consumers, including those in California, will benefit from the new American.

At the Law Offices of Spotora & Associates, our Los Angeles business attorneys specialize in mergers and acquisitions as well as many other areas of business technology and family law, intellectual property, labor and employment, and more.

When it comes to business disputes, it doesn’t always have to end in one party winning and the other party losing.  Companies who need to resolve a dispute often hastily determine that they will have to go to court; however, in California there are alternative dispute resolution methods that may make it possible for both parties to be satisfied with the end result, and save the substantial costs of litigation as well.

As trusted Los Angeles business dispute attorneys, we want to help increase awareness of some of the alternatives to filing a lawsuit in California.  This applies particularly in unlimited civil cases, or those involving considerable sums of money (usually more than $25,000) or large investments.

Local Court Civil Rule 1E is a California law that while packed with legalese, basically requires the parties involved to make a concerted effort to reach resolution of a dispute using alternative methods such as arbitration, mediation, or a settlement conference.  This not only helps both parties resolve the issue in a way that is fair, but helps companies avoid the damaging effects and enormous costs often associated with trial.  In addition, going to trial can be (and often is) a long, drawn-out process.  First, you may find yourself waiting months, or even years, for a trial date.  Even then, you are basically throwing your business and its reputation at the mercy of the court.  When the judge rules, one party will likely come out victorious, while the other suffers.  Is this the way to handle business matters?

By choosing an alternative resolution and settling your dispute out of court, often times negative effects can be avoided, and companies’ reputations and business relationships salvaged.

Before you take any action to resolve a business dispute, it’s highly recommended you discuss your situation with an experienced Los Angeles business litigation attorney.  Your lawyer can review your situation and help determine whether you should proceed to attempt to resolve the dispute through arbitration/mediation, or request an early settlement conference.

At Spotora & Associates, our specialty is California business law. Contact us today for outstanding legal guidance if you are involved in a business dispute with another party/parties.  Our goal is to help resolve the situation in the most civilized, cost-effective manner possible.