Naming a business after one’s personal name can be a popular choice, but it is important to consider the legal implications of doing so. In order for a personal name to be eligible for trademark protection, it must meet certain criteria. A trademark is a word, phrase, symbol, or design that identifies a brand and
Many states have recently undergone changes to their automatic renewal law (ARL) that could make businesses reconsider using automatic renewal provisions in their contracts. For instance, a case in 2008 involving Isaac Asimov’s estate and literary agent Trident Media Group (TMG) highlighted the need for businesses to comply with New York’s ARL, codified at New
There are various business relationships that can create a fiduciary duty from one party to another. This includes partnerships, company officers and directors, principals, and agents. Breaching this duty can lead to litigation. It’s important for parties to understand the responsibilities owed and the circumstances that may lead to a breach, in order to prevent
If you are working in the entertainment industry, whether as an actor, musician or another kind of talent, it is likely that you have come across both talent agents and managers. The responsibilities of agents and managers may sometimes overlap, but it is important, especially for talent, to understand what each can offer and how
Promotion by social media influencers has become an increasingly popular avenue for brands to market their products. This marketing technique is a win-win situation for both parties, as influencers can earn a significant amount of money and brands can get their products in front of large, targeted audiences. However, this method of advertising comes with
Talking about salaries at work has often been considered a taboo topic, and employers may even have rules in place to prevent their employees from engaging in such conversations. However, it is important to know that an employee’s right to discuss their wages is generally protected by law. What Does the Law Say? Under Section
Social media influencers have become an increasingly popular way for companies to market their products, and this trend shows no signs of slowing down. In response to concerns about predatory marketing disguised as entertaining content, the Federal Trade Commission (FTC) has created regulations to protect consumers from undisclosed online advertising. The FTC has also released
On May 17, 2023, the Supreme Court issued its opinion in the Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a highly anticipated decision in a well-publicized case involving issues of fair use. In this post, I’ll briefly recap the background to this case and discuss why I believe that the high court made
Dungeons, Wizards and Streams When friendly conversations turn to the topic of tabletop gaming, Dungeons & Dragons (“D&D”) is often one of the bigger names that often gets thrown around. Having emerged in the mid-1970s as a hobby for nerdy enthusiasts, D&D allows players to use a set of rules and lore to craft their
If someone makes humorous use of your trademark on their own commercial product, can you sue them for trademark infringement or are they entitled to the First Amendment’s free speech protection? In the case of Jack Daniel’s Properties v. VIP Products, the U.S. Supreme Court is currently deliberating whether the humorous use of a trademark
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