Tag Archives: Dallas/Fort Worth Texas

Making Money In A Digital Age: Bootcamp On Digital Royalty Strategies

Making Money in a Digital Age:   Maximizing your client’s film and music revenues with various digital options available at our fingertips.  Join the Sports & Entertainment Law Section of the Dallas Bar Association for a Boot Camp all about digital distribution for film, music, & television. Learn how to maximize you or your client’s film, music, or tv revenues with various digital options available at our fingertips.When: Friday, 18 OCT 2013 at 1:00pm
Where: Texas Theatre, 231 W. Jefferson Blvd, Dallas, TX 75208,  214-948-1546$25 for lawyers (MCLE Pending)
$20 for non-lawyers

To purchase tickets, please go to: http://www.prekindle.com/promo/id/22815447475413408

Music Panelists
Steven Corn – Los Angeles, California
Co-owner with BFM Digital

Andy R. Jordan – Dallas, Texas
Music producer for interactive media and documentary films

Lee Mezistrano – Seattle, Washington
Lawyer with Starbucks – Digital Ventures

Evan Stone – Dallas, Texas
Lawyer with FUNimation Entertainment and Partner at Stone and Vaughn PLLC

Film Panelists

Steven Masur – New York, New York
Lawyer, Venture Law Group Cowan Debaets Abrahams & Sheppard LLP

Ken Topolsky – Dallas, Texas
Producer, Dallas TV Show

Lise Romanoff – Los Angeles, California
Managing Director/CEO , Vision Films


Drybar vs Blow Dry Bar – Trademark for Blow Drying Hair

Blow Dry Bar – Houston

While in LA  I marveled at all the hair salons for blow drying hair.  Who knew these salons were all over Texas.  And, as much as we Texas gals like our hair fixed, it does seem like a natural fit.

Houston, Texas-based Blow Dry Bar, LLC seeks a declaratory judgment of  non-infringement against  Dallas, Texas-based DryBar Holdings, LLC’s trademark and trade dress.  DryBar sent several cease and desist letters to Blow Dry Bar after Blow Dry Bar launched their first location and announced the opening of their second store. DryBar’s founder Alli Webb has been credited by many as creating the “blow dry salon” trend.

The term “blow dry bar”  is descriptive at best and is quickly becoming generic for a hair salon that provides “blow drying.”  A consumer sees blow dry bar and immediately knows the service available.  Perhaps salons should start thinking less descriptive in order to develop a strong and defendable brand.  The case, filed in 2012, is still active with a hearing on a Motion for Summary Judgment scheduled on April 25, 2013.

Blow Dry Bar, LLC v. Drybar Holdings LLC, 4:12-cv-02425 (S.D. Tex – Houston, filed Aug. 8, 2012).


JCP Seeks Dec Action of Trademark Non-Infringement

Plano, Texas-based retailer, JC Penney Corporation, Inc., asked a judge in Texas federal court to find JCP’s use of the name Aspen to describe a pair of winter boots is not infringing of Aspen Licensing International, Inc’s “Aspen” trademark for footwear.

By filing a declaratory judgment action, JCP kept the case in the Eastern District of Texas requiring Aspen Licensing, a Florida entity, to come to JCP’s home court.  According to court documents, Aspen sent several demand letters to JCP and made phone calls threatening litigation if JCP did not make a monetary settlement.

J. C. Penney Corporation, Inc. v. Aspen Licensing International Inc., 4:13-cv-00066-RAS-DDB (E.D. Tex. filed Feb. 8, 2013).


“When The Band Gets Divorced – Mediating The Band Partnership Dispute”

“When The Band Gets Divorced – Mediating The Band Partnership Dispute”
1 hr CLE pending

Join attorney/mediator Tamera Bennett at the Belo Mansion at Noon on Wednesday, March 27, 2013 for a discussion on common issues band members mediate when a member departs and/or the band dissolves.

We’ll be taking a look at the “Sugarland” partnership dispute, the recent “En Vogue” dispute, as well as the “J Geils Band” dispute and applying those fact patterns to structuring a successful mediation for your client.

Dallas Bar Association
Belo Mansion
2101 Ross Avenue
Dallas, Texas 75201
214-220-7400


Will Play for Tips: Legal Tips for Musicians/Artists/Songwriters at 35 Denton

208015_356082524466629_644788678_nSATURDAY, MARCH 9TH at 35 Denton
3:00 PM – 4:30 PM (UNT on the Square)

Will Play for Tips: 5 Legal Tips for Musicians/Artists/Songwriters

Join the Dallas Bar Association Sports & Entertainment Law Section for a panel presentation on March 9 from 3:00 PM – 4:30 PM at UNT on the Square, 109 N. Elm St. Denton, TX 76201.This introduction to legal issues in the music business panel will help you answer questions such as Who owns my song? Do I need a lawyer? How do I protect my brand? That’s “fair use,” right? and Can’t we all just get along? Join us for a discussion covering copyright law, trademark law, business structure for the band and other music business legal basics.Participants in the panel include:Tamera H. Bennett, Bennett Law Office, PC/Farm to Market Music, LLC;  Catherine Hough, Ferguson Law Group; Evan Stone, Law Offices of Evan Stone; Kevin Harrison, Kevin Harrison Law.

Free and open to the public. 1.5 hour MCLE pending.


In the Mix Denton Networking Event March 8, 2013

In the Mix Denton

Kick off 35 Denton 2013 networking with the people who make music happen in Denton and the DFW area. In The Mix Denton is a networking opportunity for artists, producers, engineers, songwriters, attorneys, accountants, managers, booking agents and members of The Recording Academy® (the “Grammy®” folks).

Join your hosts, Recording Academy Texas Chapter Board Members, and learn how you can be involved in The Recording Academy.To RSVP, click here.


I Can’t Remember The Alamo Trademark Dispute

Qwerky, Ltd., the owner of Swig Martini Bar in San Antonio, Texas is facing the big guns of Texas in a dispute over the trademark “I Can’t Remember The Alamo” for drinking glasses, t-shirts and restaurant/bar services.

The State of Texas, by the General Land Office, owns several registrations for “The Alamo” for museum services and gift shop services.   The Great State of Texas also claims common law trademark rights in the phrase “Remember The Alamo.”  The State of Texas filed an opposition with the Trademark Trial and Appeals Board to block the federal registration of “I Can’t Remember The Alamo” claiming  the restaurant’s use of the mark conveys a false suggestion or connection with The Alamo and is likely to confuse consumers.

Qwerky’s response to the Opposition is due September 25, 2012.

This isn’t the first trademark battle fought by “The Almo” — read more here.

Qwerky/Swig has had a little experience with trademark battles, too — read more here.

 

 


Fight Over Light: Museum and Condo Complex Seek Mediation

Lighting is key in museum exhibits. So important to the Nasher Sculpture Center in downtown Dallas, that early in its design, covenants were agreed to with surrounding land owners to limit how light would reflect or be directed into the museum space.

The Nasher’s new neighbor, the 42 story Museum Condo complex, is throwing a lot more light on the museum (pun intended).  The reflective glass on the exterior of the condo complex is directing sunlight into the Nasher which not only changes the way Nasher displays the art from a design element, but also can damage any artwork displayed in the spaces impacted.

While the dispute has been ongoing for sometime, the two parties are acting like good neighbors in jointly retaining Dallas attorney and civic leader Tom Luce to mediate the dispute and develop a resolution to this matter.

Dig deeper into the research behind light damage and museums by clicking this link.


Texas No Longer Regulates Talent Agencies

Effective September 1, 2011, the Texas Legislature repealed Texas Occupations Code, Chapter 2105, and removed registration requirements for, and the authority to regulate talent agencies.

The supporters of repealing the code section made the following comments in legislative hearings:

It is inefficient and unnecessary to continue the state licensing of talent agencies ….. The number of licensees … is so small that there is no benefit to the consumer to continue regulation by TDLR. The Deceptive Trade Practices Act would provide sufficient protections to consumers who could be harmed ….

Talent agencies originally were regulated to protect actors from fraudulent agents. However, there is widespread activity by unregulated parties that offer similar services, and the regulations are easily circumvented, rendering them ineffective.

Those that wished to keep the regulation in place stated:

Regulation of talent agencies originally was enacted to ensure that actors were not swindled by talent agents who would take money in exchange for future services and then disappear and also to protect legitimate talent agencies. If there is widespread activity by unregulated parties, the bill should address better regulation, instead of removing it completely.

The Texas Talent Agencies Act only regulated securing business for models and actors.  It did not regulate the securing of gigs for musicians.


Music Business Panel at Denton — 35 Conferette

Updated: March 14, 2011:

The Dallas Observer Blog has an interesting article on the “Music Business Legal Checklist” panel that was presented as part of the 2011 35 Conferette.

Click here for a summary of the topics discussed and resources you can review online.

_______________________________________________

Dallas and Fort Worth music lawyers team up for a “basics” music business legal issues panel on March 10, 2011 at Denton Banter as part of the Day Events for the 35 Conferette music conference.

Music Business Legal Check List: Five Things You Better Think About and Do
Sponsored by the Dallas Bar Sports and Entertainment Law Section
Thursday, March 10th from 3:00 PM – 4:30 PM at Banter,
219 West Oak Street, Denton, TX 76201

This free and open to the public  presentation will assist the new or established musician/artist/music business professional in navigating the ins-and-outs of legal issues involved in the music business. The panel will address 1) when key team members such as a manager, attorney or booking agent should become involved in an artist’s career; 2) who owns the content – songs, sound recordings, trademarks; 3) do you need a written agreement or is a hand-shake between the band members enough; 4) how do you raise money for the next record; and 5) what revenue streams are out there.

Moderator
Tamera H. Bennett: Attorney, Bennett Law Office, PC; President, Farm To Market Music, LLC, Lewisville, TX

Panelists
Megan M. Carpenter: Associate Professor & Director, Center for Law & Intellectual Property, Texas Wesleyan School of Law, Fort Worth, TX
Craig C. Crafton: Attorney, Cozen O’Conner, Dallas, TX
Catherine Hough: Attorney, Ferguson Law Group, PC, Plano, TX
Decker Sachse: Attorney, Sachse Law Group; Business Affairs, Kirtland Records, Dallas, TX

Stick around after the panel presentation for the 2nd Annual Music Mixer hosted by the Texas Board members of the Recording Academy (the Grammy folks).  Cash Bar.


Entertainment Law Update Podcast: Beauty Pageants and Super Bowls

Film attorney Gordon P. Firemark and music lawyer Tamera H. Bennett have put Episode 18 of the Entertainment Law Update “in the can.”

Catch up on Sheppard Fairey, Jimi Hendrix, and Hurt Locker litigation matters.  New hot topics include litigation over the “Super Bowl” temporary seating, a Texas beauty queen dethroned, and Lady Gaga vs. Madonna.


The “Big Game” of Trademark Infringements?

With Super Bowl XLV a few short days away, and less than 30 miles from my office, trademark and copyright infringement of the Super Bowl trademark, and the teams’ trademarks and copyrights are top on my mind.

If the “Clean Zones” I blogged about here do not slow down the infringers, the the weather here in North Texas will discourage many infring-e-preneurs from setting up shop.

The Fort Worth Star Telegram alludes to the NFL having already secured John Doe Temporary Restraining Orders to enforce the NFL’s rights in the registered trademarks of Super Bowl and NFL.  The teams each own their individual trademarks in the team names and logos.

I also blogged about the trademark issues surrounding the World Series here.

 

 

 

 

 

 


Ambush Marketing and Super Bowl XLV

Ambush marketing, the act of a product or service trying to attach itself to a big event without being an official sponsor of the event, seems to be under control leading up to Super Bowl XLV in Arlington, Texas.

The City of Arlington has been working since 2007 to comply with the NFL’s requirements to limit ambush marketing by implementing “Clean Zones” surrounding the Cowboys Stadium.

There is a two-mile zone surrounding Cowboys Stadium for the week leading up to the Super Bowl, where outdoor advertising displays including NFL-related signs, flags, banners, video screens, balloons, electronic message boards, nighttime projections of commercial messages, inflatable and building wraps visible from any public street within the zone are prohibited unless they have been approved.   “Clean Zone” ordinances have also been implemented in certain areas of Dallas and Fort Worth.    Keep in mind, there is no limitation on signage within a place of business. The Clean Zone only applies to signage that is outside of the building — and there still seems to be confusion as to what is appropriate and what must be removed.

The goal of the Clean Zone is to protect the investment of the trademark owners that are official sponsors of the NFL and the Super Bowl event.  It is interesting that Clean Zone/Ambush Marketing ordinances are designed to protect an investment in a trademark, whereas, trademark law, by its very nature, is designed to protect the consumer of goods and not the trademark owner.


New Recording Artist Checklist: What Every Artist Should Think About

Music lawyer Tamera Bennett co-presented with music attorney Joe Stallone at the Dallas edition of Grammy GPS on the topic “Legal Considerations for Every Aspiring Artist.”  The 75 minute presentation was fast paced and hit the high points on items new recording artists and folks breaking into the music business should consider.  Below are the four broad areas discussed as well as links for additional information on each topic.

Assembling Your Team

When do you need a manager, an entertainment attorney, a financial manager, publicist?

Get it in writing — Now

Protecting Your Most Valuable Assets: Trademark, Copyright, Right of Publicity

Trademark:

Copyright

  • US Copyright Office
    • There is a copyright in a musical composition; and
    • A copyright in the sound recording of a musical composition.
    • Copyright arises the moment an original works is fixed into a tangible medium of expression.
    • Who will own the songs?  All the members of the band?  Just the members that wrote the songs?
    • Who will own the sound recordings?  The band?  The business entity formed by the band?
    • Will you form a music publishing company?
    • What performance rights organization will the songwriter’s join ( BMI, ASCAP or SESAC ) for collection of public performance royalties of the songs?
    • Has the artist, band, producer, label joined Sound Exchange for collection of digital performance royalties?

Right of Publicity
Separate and apart from the band name and the songs/hits of the band, the band members each have an individual “right of publicity” in their persona.  Who controls that right? The band? The manager?  This is a state law right.  In Texas the right arises under common law, but is descendable by statute.

Paying For Stardom – Financing Your Career

  • Fan Funded Deals
  • Record Deal — A label is advancing the costs
  • Investors

    Texas Music Office

  • The link to the Texas Music Office will provide you a wealth of guidance on getting started in the music business.  The information is not Texas specific.

  • Protecting the Texas Rangers and MLB Brands: Fake Merch Everywhere

    With the World Series in full swing in North Texas, you know the “knock-off”/trademark infringing items are not far behind.

    To know if your t-shirt, cap or pennant is authorized by Major League Baseball check for a hologram sticker or holographic hang tag with raised-looking red baseball stitching. It may also have a sewn-in label or screen-printed notice identifying an approved licensee.

    Be aware that many of the “tents” that pop-up along the street or in gas station parking lots are not selling the “real” thing.

    The nice thing for the owners of federally registered trademark is the election between remedies under federal and state civil laws, and also state criminal laws.  The Texas state civil trademark infringement law is located in Title 2 Section 16.26 of the Texas Business & Commerce Code. The criminal trademark counterfeiting statute is found in Texas Penal Code Section 32.23.

    You might also want to keep your eye out for fake World Series tickets. Five folks have been arrested for selling fake tickets in North Texas.

    GO RANGERS!!

     


    Texas Grammy GPS: Music Business Professional Development

    The Texas Chapter of the Grammy Organization is hosting “Grammy GPS” in Dallas, Texas on Monday, November 1, 2010.

    RSVP

    GRAMMY® GPS: A Roadmap for Today’s Music Biz

    Monday, November 1

    Workshops 10:30 a.m. – 4:30 p.m.

    Trammell & Margaret Crow Asian Art Museum (2010 Flora Street, Dallas, TX 75201)

    Join fellow music makers for a professional development event designed to inform musicians and industry professionals about today’s ever-changing music industry. Enjoy networking and camaraderie during the mixer immediately following the event.

    Workshops Include:

    Legal Considerations For Every Aspiring Artist
    with Texas Music Attorneys Tamera H. Bennett and Joseph Stallone

    Lunch With Chuck Rainey and moderated by Bob Parr

    Booking and Touring Trends with Kris Youmans

    Brave New World: Music In The E-marketplace with Aaron Sainz, Jessica Bailis and Theda Sandiford.

    Networking Mixer:

    4:30 – 6:30 p.m.

    The Screen Door

    1722 Routh Street, Dallas, TX 75201

    Admission (includes lunch):

    Members $25

    GRAMMY U $25

    Non-members $75

    Parking is available at the Trammell Crow Center for $3.

    RSVP BY THURSDAY, OCTOBER 28

    SPACE IS LIMITED

    A GRAMMY professional development event


    Social Media Marketing Workshop In North Texas

    Women Business Owners of North Texas is hosting a Social Media Marketing Workshop on Wednesday, September 14 from 11 am to 2:30 pm at The Pourhouse Sport Grill located at 3350 Unicorn Lake Blvd., Denton, Texas.

    Click here to RSVP.

    11:00 – Registration

    11:15 – Session One: The Real World of Social Networking for a Small Business

    In this session, we’ll explore

    • The best social media tools and the advantages of using them
    • Being consistent, yet unique – defining your brand and carrying it across the channels

    12:00 – Lunch and Panel Discussion

    During the panel discussion, we’ll answer audience questions as well as questions submitted through our survey.

    12:45 – Session Two: Blogging and Microblogging

    In this session, we’ll explore

    • Setting up a WordPress blog
    • What blogging is and what blogging is not
    • 10 things to consider when blogging- structure, content, etc.
    • Microblogging, a quick definition

    1:30 – Break

    1:45 – Session Three: Making it work in the Real World

    In this session, we’ll explore

    • Time management
    • Tools for using your social media tools effectively

    Our goal is to help those in attendance get answers to their questions and increase their level of knowledge about such topics as blogging, Twitter, Facebook and LinkedIn. What should you participate in and why? How do you go about doing it?

    Plan to be with us and invite anyone you know who may be interested in joining us for this extended meeting event. And the good news is that we are offering the workshop at the regular luncheon cost: $15 for members and $20 for guests with timely reservations.

    RSVP by Thursday, September 9th, for a timely reservation. After that date, add $5 to the meeting cost, i.e. $20 for members and $25 for guests.

    Speakers

    Tamera H.  Bennett, Bennett Law Office, PC

    Louellen Coker, Content Solutions

    Kristy Nolan, Southwest Airlines

    Heather Steele, Blue Steele Solutions


    State of Texas Opposes “The Alamo” Trademark Application

    On July 23, 2010 the State of Texas filed a Notice of Opposition with the Trademark Trial and Appeals Board (TTAB) opposing the trademark application for the mark “The Alamo” that was filed The Daughters of the Republic of Texas.

    Attorneys for the State assert Texas has a claim to the trademark due to its historical significance, and that ownership of a trademark registration by the Daughters of the Republic of Texas could create consumer confusion.

    As previously reported, The Daughters of the Republic of Texas filed a federal trademark application on October 13, 2009 claiming a first use of the mark “The Alamo” on January 26, 1905 for Museum services, namely, exhibiting to the public a historical site. On April 27, 2010, the State of Texas filed an extension of time to oppose the registration of the application.

    The Daughters of the Republic of Texas have until September 1, 2010 to file a response with the TTAB.

    More information about the opposition can be found here and here.


    Legal/Administrative IP – Entertainment Law Assistant Needed

    Transactional boutique trademark, copyright and entertainment law firm located in Dallas/Fort Worth metroplex seeks legal/administrative assistant.

    The ideal candidate will:

    • have two to four years experience as an administrative assistant in the music business or legal field.
    • have a working knowledge of IP licensing including trademark, copyright and music licensing.
    • be experienced and comfortable with the USPTO online Trademark systems.
    • have a Bachelor’s degree.
    • have superior knowledge of Microsoft Word, Excel, Power Point,  and Outlook.  Accounting/time/billing software experience a plus.

    Please forward to bennettlawjob at gmail dot com:
    PDF of Resume, which includes references.
    PDF of Cover Letter, which includes salary requirements.


    Dallas Surgeon Raises Social Networking Defamation Claim

    posted by Tamera H. Bennett

    Dallas eye surgeon Dr. Boothe (Boothe Eye Care and Laser Center), is asserting a patient’s statements online may be defamatory in nature and should be removed.

    The patient was unhappy with the results from her eye surgery and posted her complaints online.  Dr. Boothe now plans to take a pre-litigation/investigative deposition to determine what, if any evidence, there might be to bring a defamation lawsuit against her.


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