Entrepreneurs and start-up businesses are focusing on the wrong things. They are ignoring the business’s most valuable asset – its Intellectual Property. Entrepreneurs and start-up businesses tend to initially focus on matters such as real estate, inventory, marketing or sales. In the midst of numerous things that go into building a business from the start, Intellectual Property is often not their priority. In my experience, even if businesses consider Intellectual Property protection, it is frequently viewed as too expensive a proposition for a new business to act upon. Are they jeopardizing their business by failing to protect it? Absolutely. Failure to protect Intellectual Property can be a fatal error for entrepreneurs and start-up businesses. Continue reading “Intellectual Property – A Business’s Most Valuable Asset”
What is a morals clause and how does it affect product endorsement agreements? Recently, bourbon brand Jim Beam found itself in the middle of a fight over women’s reproductive rights after its spokeswoman, Mila Kunis, revealed that she’s been sending monthly donations to Planned Parenthood in Vice President Mike Pence’s name. Hilarious, right? Well, maybe not so funny for Mila. Mike Pence supporters and abortion opponents did not appreciate her actions and have started a #BoycottBeam campaign on Twitter. If Jim Beam’s profits start to dip, could this affect Mila’s endorsement contract?
Continue reading “Mila Kunis and the Morals Clause”
I have heard some wildly inaccurate things from clients about the state in which they should incorporate. There seems to be a widely held misconception that the only state worth incorporating in is Delaware. I’ve also heard Nevada, but Delaware clearly tops the list. There are undeniable benefits for businesses that incorporate in Delaware. However, for the overwhelming majority of businesses based in states other than Delaware, it makes little logical, legal or financial sense to incorporate in Delaware. Continue reading “Should You Incorporate in Delaware?”
Companies such as Toms Shoes and Warby Parker have shown the marketing value in having a charitable public benefit integrated into a for-profit business. There is now a relatively new, and largely unknown, California corporate entity form that rewards these types of businesses. Essentially, it is a hybrid entity between a for-proft and a nonprofit corporation. In some ways, it is like the C corporation in that it is taxed the same as a traditional corporation. The Corporate Flexibility Act of 2011 created the California Benefit Corporation, specifically designed for social enterprise businesses to pursue both for-profit and nonprofit objectives. This gives new flexibility for corporations to pursue social and environmental goals in conjunction with the traditional objective of maximizing corporate profits. Continue reading “The Benefit Corporation – The Millennial Business Entity”
My article on Cannabis Trademark in California was published in the May, 2017 issue of Marijuana Venture magazine:
A “safe harbor” is defined as a harbor considered safe for a ship during a storm at sea, or any place or situation that offers refuge or protection. A safe harbor is also a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule. Websites that host content are always at risk of someone posting an image they don’t own, or music they haven’t licensed, or content they haven’t created. The Digital Millennium Copyright Act of 1998 (DMCA) provides websites with protection from liability for material posted by their users. This protection is legally referred to as a safe harbor. Continue reading “Safe Harbor Protection – Website Liability”
Sex sells. Always has and likely always will. Especially in film and television. But before a movie trailer is released, or a film opens in theaters, or even before the cameras roll on set, filmmakers and actors are required to enter into a separate contract if there is any nudity or sex acts in the film. That contract is commonly known as the Nudity Rider. Filmmakers and actors both need to know critical information about this Nudity Rider to ensure compliance with law and protect individual rights. Continue reading “Show Me Your T**s – The Nudity Rider”
Now that California has legalized recreational cannabis, intellectual property attorneys are being flooded with client requests to file state cannabis trademark applications to protect their brand names. Actually, the law does not expressly permit sale of cannabis until January 1, 2018. Nevertheless, cannabis businesses are wise to move quickly to secure their cannabis trademark rights to protect their brand. Continue reading “Brand Name Weed – Cannabis Trademark”
I am frequently asked the same question in multiple forms, which essentially is, “How much music can I sample without getting sued?” Unfortunately, too many people believe too many urban myths about music sampling and how much is permitted to be used without a license from the copyright owner. The law is complicated and there is no clear line. So, what is the best course of action to take if you are going to sample music?