Tag Archives: Music

Stone Temple Pilots Trademark and Band Dispute

The three remaining original band members of the Stone Temple Pilots sued expelled member Scott Weiland in May 2013 claiming breach of their written partnership agreement, breach of fiduciary duty and trademark infringement.

Weiland was voted out of the group in February 2013.  The four group members operated under a written band partnership that allows a partner to be ousted  for numerous reasons, including not making the band a top priority.  The complaint provides a look at the various ways in which Weiland was not putting the band first and how he was subsequently “sabotaging” the band’s tour and new album release.

Weiland subsequently contersued the band accusing the members of  conspiracy to oust him and demanding the band/partnership be dissolved.

There are four federal trademark registrations for STONE TEMPLE PILOTS owned in the name of the Stone Temple Pilots partnership and listing the four original partners, including Weiland, as the partners.  Might we see some issues at the USPTO regarding those registrations and who is the proper party to maintain ownership?

Here’s the Complaint filed by the Stone Temple Pilots vs Weiland.

More to come as this case progresses.  We always love a good band name dispute.


BMG Rights Management Music Publishing Catalog Acquistions

BMG Rights Management, formed in 2008 and jointly owned by Bertelsmann AG and Kohlberg Kravis Roberts & Co., spent 2010 acquiring one high-profile music publishing catalog after another.  Since its founding, BMG Rights has inked more than 400 publishing deals, with at least 10 news-worth acquisitions  in 2010 and two already in 2011.    Some of the acquired catalogs were  owned and operated as large corporate conglomerates.  But, for  some songwriters there may be an adjustment from the small indie publisher “personal relationship” to working with a multi-billion dollar corporation.

With the assistance of my legal intern Abby Kweller, I will outline over the course of several blogs posts  the various acquisitions made by BMG Rights Management in 2010 and 2011. You can read Part 2 here and Part 3 here.

Cherry Lane Music Publishing Co. Inc. (March 2010)

BMG Rights Management  started 2010  with the acquisition of  Cherry Lane Music in the first quarter.  The Cherry Lane Music catalog includes hits written by the Black Eyed Peas, John Denver, Elvis Presley, John Legend and Quincy Jones.

This acquisition brought the number of song copyrights owned by BMG Rights Management to more than 140,000.  The estimated purchase price was between $85 and $100 million.

Cherry Lane Music has both a substantial legacy/back catalog as well as active/current songwriters that continue to add new hits to the catalog.

Adage IV (June 2010)

In June 2010, Cherry Lane Music added classic songs “Why Do Fools Fall In Love,” “Stay,” and “Little Darling” to its holdings as part of the acquisition of Adage IV Music.  Adage IV was established as a music publisher that acquires legacy, time-tested song copyrights.   Cherry Lane Music picked up an additional 500 song titles from Adage IV, bringing the catalog closer to the 150,000 title mark.

Stage Three Music (July 2010)

On July 15, 2010, BMG announced its third 2010 acquisition of leading independent publishing company Stage Three Music.  Stage Three Music acquired the rights to catalogs they believed to contain classic songs.  Hits from Aerosmith, David Essex, Macy Gray, Rascal Flats, and ZZ Top are some of the 39 artists and 29 writers that Stage Three controlled.  Stage Three’s held the rights to over 18,000 titles, so this acquisition brought BMG’s catalog up to approximately 168,000 titles. During the time of this acquisition, Executives believed this deal gave rise to BMG ranking fifth in terms of worldwide-music-publishing market share.  The purchase price of the deal was not disclosed.

Be on the look-out for additional blog posts summarizing the transactions.


Music Publishers Not Owed Royalty Says Canadian Court

A Canadian Appeals Court ruled that 30-second samples of songs on download websites are not “performances” and are exempt from public performance royalties in Canada.

Read more from Billboard.

Are the US performance rights organizations BMI, ASCAP and SESAC ready to test the waters in the US to see if “previews” available on iTunes, Amazon and Rhapsody meet the standard of a “public performance” under the US Copyright Act?


LucasFilm Sues for Infringment of Star Wars Toys

Lucasfilm, Ltd. and Lucasfilm Entertainment Company, Ltd.  filed a  lawsuit against EZ2Fly, Inc., et. al for the manufacture and distribution of unauthorized merchandise that are remarkable similar to authorized STAR WARS branded toys.

Lucas alleges EZ2FLY  advertised and sold a replica of the STAR WARS X-WING STARFIGHTER online and at trade shows, titled as “X-WING.”  The plaintiffs also allege the  STAR WARS theme music was played in connection with advertising for the products.

The complaint, filed April 8, 2010, in the Central District of California, alleges copyright infringement, false designation of origin and false description, trademark infringement, state common law trademark infringement, and unfair competition, among other claims.


Music Paralegal Katherine Stimson Speaks at 2010 MEIEA Conference

Music paralegal Katherine Stimson is speaking March 27 at the 2010 MEIEA Conference at the University of Miami.

Katherine, a music paralegal with the Bennett Law Office, is a panelist on, “Make New Friends While Keeping the Old: Climbing the Social Ladder Without Alienating Your Audience.”  The focus is creating a social media movement, not campaign, that builds the artist’s relationship with their audience.

Fellow panelists include:  Taylor Vick, eMarketing Manager, Naxos of America, Inc.; Janet Hagan, E-commerce Marketing Manager at Naxos of America, Inc.; Tony Groticelli, President, TOGA Entertainment; Fran Vincent, author and founder / president of Retro Island Productions, Inc.

MEIEA is the Music and Entertainment Industry Educators Association, an international organization that brings together leaders of the entertainment industry with educators and students.  More information about the 2010 annual conference can be found here.


Love Music? Support Grammy Foundation & MusiCares

If music impacts your life, consider supporting one of two wonderful charitable organizations:  Grammy Foundation or MusiCares.

I am honored to co-captain for the Texas Chapter of The Grammy’s the 2010 Giving Campaign.

Do you know…

… a talented student whose school’s music budget has been cut?
… a music professional who doesn’t have health insurance and is facing eviction?
… a music archive in peril of being lost for lack of preservation funds?

MusiCares and the GRAMMY Foundation work to solve these issues every day. Now you can help.

Join “Giving 2010,” the first annual GRAMMY Charities Grassroots Giving Campaign — April 1 through May 15.

Make your own donation — no matter what size — to MusiCares and/or the GRAMMY Foundation. Or help raise money from friends who share your love of music.

  • Ask for donations in lieu of birthday gifts.
  • Use your social networks to engage others in the cause.
  • Share your tip jar for the duration of the campaign.

Everyone has a part to play. Because No One Should Have To Go Solo.


Music Makers Mixer at NX35 March 11; Denton Texas

Hosted by The Recording Academy®
Texas Chapter Board Members
March 11, 4pm-6pm
Dan’s Silverleaf
103 Industrial Street,
Denton, TX 76201
No Cover / No Wristband

More information and RSVP here:

Kick off NX35 2010 networking with the people who make music happen in Denton and the DFW area. Music Makers Mixers are held several times a year around the Denton/Dallas/Fort Worth area as networking opportunities for music biz professionals including artists, producers, engineers, songwriters, attorneys, accountants, managers, booking agents and members of The Recording Academy® Texas Chapter (the “Grammy®” folks).

Hosted by The Recording Academy® Texas Chapter Board of Governors: Chris Bell, GRAMMY® Nominated Engineer; Tamera Bennett, Bennett Law Office/Farm to Market Music; Monique Headley, Launch Media & Entertainment; Paul Levatino, PL Presents/Erykah Badu; Paul Middleton, Palmyra Studios; Chuck Rainey, GRAMMY® Award-Winning Artist.

More than 20,000 fans are expected to attend the four-day NX35 music conference, which will include performances by the Flaming Lips (FREE outdoor performance), Midlake, The Black Angels and Neon Indian. Other big attractions include a discussion with producer / musician / journalist Steve Albini and the grand opening of a museum honoring the history of the 8-track tape.

More information on the Mixer and to RSVP click: http://nx35-grammys.eventbrite.com


Really, All The Good Band Names Are Taken?

The Wall Street Journal blog today has a fun and informative blog post about how hard it is for bands to come up with names and the trademark issues that often arise with confusingly similar band names.

Two of my favorite band names that never made it outside of the Nashville music publishing office I worked in:

Two Gentiles and a Jew.  Actually pretty descriptive of the trio.

A Lover and a Fool. This duet had a birthday on Valentine’s day and a birthday on April Fool’s Day.


Roger Miller Estate Continues Battle Over Copyright Renewals

For years, the estate of Roger Miller has battled with Sony Music over the ownership of the copyright in songs written by Miller in 1964.  In 1964 Miller was under contract with Tree Publishing, which eventually became part of Sony Music.  Pursuant to his exclusive songwriter agreement, Tree owned the copyright for the initial 28 year term and for the 28 year renewal term in the songs Miller wrote.

The renewal provisions under the 1909 U.S. Copyright Act were created to give songwriters, authors (other creators) the ability to recapture rights for their family that  they may have transferred away.  That all sounds clear. But interpretation of this code section (17 U.S.C. 304) in relationship to what happens if the songwriter dies during the 28th year, prior to the renewal term starting in the 29th year, has been difficult and the Roger Miller estate is in the thick of the issue.

Miller died in 1992, the 28th year after writing songs such as “King of the Road” and “Dang Me.”  The question pending, does Sony own the renewal copyright because they filed a renewal application in the 28th year prior to Mr. Miller’s death or do Miller’s heirs own the renewal copyright because he died prior to the commencement of the 29th year.

For recent discussions review this article in The Tennessean.

William Patry has a legal discussion here and more information from the Harvard Info/Law blog here.


Is The Post Office In The Music Business?

by Tamera H. Bennett

The U.S. Postal Service teamed up with Concord Music Group and released a 13 track CD of holiday tunes that are distributed exclusively at Post Offices and via the USPS website.

The album charted at Number 3 on the Billboard album chart on its first week in the stores.  USPS purchased 170,000 units from Concord and 12,000 sold at retail the first week available.

Concord released a “Charlie Brown Christmas” compilation with the USPS three years ago.  Many of Concord’s releases are currently sold via their relationship with Starbucks.

Great article here about the project.

Kudos to my paralegal Katherine Stimson for “spying” the CD’s at the Post Office and researching the history.


Will The Music Industry Develop A “Got Milk?” Campaign?

by Tamera H. Bennett

When will the music industry develop a “Got Milk?” style campaign to educate consumers on illegal downloads?

I presented that question at the International Esq, / Variety sponsored Media and Entertainment Law Series panel discussion in Beverly Hills on November 19, 2009.

I was somewhat surprised that the majority of my co-panelists, both from the tech industry and music industry, felt that anti-piracy education was ineffective in deterring music piracy.

After talking with panelists and attendees following the event, I believe the real distinction is between education and enforcement.  The RIAA’s actions in suing end-users was an unsuccessful campaign in stopping piracy. The RIAA claims it was successful as an education tool because “Awareness of the illegality of downloading without permission surged from 35 – 72 percent” during the end-user lawsuit campaign.  Most in the industry, and consumers of music, would probably argue that enforcement is an not an effective method of education.

I guess I look at things at the most basic level. I understand education will not stop music piracy.  Yet, it is a valuable tool in the tool box that should not be overlooked.

Both the software industry and the movie industry have embraced anti-piracy education.  The Software Information Industry Association (SIIA) has re-worked and “spoofed” their own 1980′s video on anti-piracy with the new 2009  “Don’t Copy That 2.”  For the last few years, the Motion Picture Association of America in conjunction with Students In Free Enterprise has sponsored a national college campaign for submissions of anti-piracy videos.

As I stated above, education is not the solution to stopping illegal downloads — it is part of the tool box.  There is a certain level of music piracy that will always exisit as a “cost of doing  business.”  The industry is on the right path of meeting consumers’ demads for music that is portable between devices and easy to access.  Consumers want an experience and connection with their favorite music and recording artists. Labels and artists are beginning to deliver that much demanded “digital” consumer experience.  Deliverying the consumer experience is the most powerful tool in the tool box.


Entertainment Law Update Podcast Episode 6

by Tamera H. Bennett

Once again, my thanks to entertainment attorney Gordon Firemark for asking me to co-host the Entertainment Law Update Podcast.  Episode 6 is available for downloading here. Make sure to take a look at the show notes, which I have summarized below.

  • Noonan v. Staples -  Jury: Truthful E-Mail Sent About Fired Staples Manager Wasn’t Libelous
  • Disney settles with Luxo over the Luxo Jr. Lamp
  • Carly Simon is suing her record label & starbucks over poor marketing of record
  • FTC New Guidelines For Bloggers
  • Vent v. Mars Snackfood U.S., LLC — idea submission case in New Jersey
  • The Weinstein Co. v. Smokewood Entertainment: Decision reached in “Push” case regarding writing required to transfer exclusive rights.
  • Jon Gosselin has countersued TLC
  • California’s new anti-paparazzi statute
  • Beatles music catalog finally available online.. but is it legal?
  • Radio Station liable for wrongful death of contestant
  • ASCAP lost Public Performance lawsuit on ringtunes; ASCAP and BMI may bring case for Public Performance in film/tv downloads
  • Copyright Termination of Transfers under §203 and §304.
  • Celebrity Identity Theft with guest Samantha Rothaus.

“Woodstock” At Lewisville “Texas International Pop Festival”

by Tamera H. Bennett

Labor Day weekend marks the 40th anniversary of the “Texas International Pop Festival” held just a few miles south of my office at the old speedway.

Over 100,000 folks were “Lewd in Lewisville” listening to artists including B.B. King, Canned Heat, Chicago Transit Authority, Freddie King, James Cotton, Janis Joplin, Johnny Winter, Led Zeppelin, Nazz, Sam and Dave, Santana, Slay and the Family Stone, Spirit, Ten Years After and Tony Joe White.

Impromptu concerts rocked all night at the campground at Lewisville Lake. (Just a mile north of my office).

Read this great article and this great article in the Dallas Morning News.

Go to the official event website to learn more and view the event program, see more photos, and learn about the book that is in the works.

James Polser, mentioned in the Dallas Morning News article as working security at the event, runs the historic Lewisville Feed Mill that is located a

Lewisville Feed Mill

Lewisville Feed Mill

half-block from my office in Old Town Lewisville.  Read here for the history of Lewisville, Texas.

So, yes we are hip in Lewisville, just maybe not so many hippies anymore.  Hope you enjoyed this tid-bit of Texas History.

Update: Our local Dallas ABC affiliate featured the Texas International Pop Festival today.  Click here to watch a video of the story.


Entertainment Law Update Podcast 3 and 4

by Tamera H. Bennett

Ready for your monthly dose of all things entertainment law?  Talk about speed reading … this is speed listening.  Each episode is a great hour of the latest news impacting entertainment lawyers and their clients.headphones

As always, thank you to attorney Gordon Firemark for allowing me to co-host the program.

Episode 4 Topics Include:
Copyright Office Regulation Changes
Updates on J.D. Salinger Copyright Dispute
Joel Tenenbaum Admits to File Sharing
Prevailing Party and Purposeful Availment  in 9th Circuit
Reebok Endorsement
Erin Andrews Photo
College Athletes’ Right of Publicity
The Pope’s View on Intellectual Property Laws
The Wall Street Bull Case and The Little Mermaid Case
Copyright Issues in the Obama Poster
Lego Brand v. Spinal Tap

Episode 3 Topics Include:
Copyright Office Fee Increase and BackLog
Web Radio Settlement
ASCAP: Is A Cell Phone Ring A Public Performance
Jammie Thomas – Rassett loses file sharing suit brought by RIAA
JD Salinger prevents publication of new book
Google Class Action Update
Joel Tenenbaum Continued RIAA Litigation
Fair Use Update
Canned Music In The Theatre
Protecting The Chocolate Lindt Bunny
Special Guest Spot on Defamation Issues with Adrianos Fachetti.


Grammy DFW Music Maker’s Mixer August 16

Come join music industry professionals from the Dallas/Fort Worth Metroplex on August 16 for the kick-off of the Fall ’09 Grammy DFW Music Maker’s Mixers.

CLICK HERE TO RSVP


Tamera Bennett Interviewed On “DayBreak USA”: Michael Jackson Estate

I enjoyed being interviewed by DayBreak USA morning show host Scott  West last week regarding the status of Michael Jackson’s Estate and what will happen next.

You can listen to the interview by clicking the play arrow below.


Michael Jackson’s Estate: What Happens Next?

by Tamera H. Bennett
posted June 26, 2009

Music fans of all ages are mourning the loss of the King of Pop.  Almost everyone I chatted with today had a story about the first time they heard “Thriller” or saw the video.  I was in high school and stayed up to midnight to see “Thriller” on the VHS station late-night video program.  We lived too far out in the sticks to have cable TV — so no MTV.

The question that has been raised repeatedly today is what happens to Michael Jackson’s estate?

I suspect Michael Jackson had a strategic estate, wealth, and asset protection plan that included layers of trusts and business entities.  I would be very surprised if any “major” assets were owned by Michael Jackson personally.

The largest asset is his 50% interest in the Sony/ATV music publishing catalog reportedly valued between $500 Million and $1 Billion dollars.  A check of the Delaware Secretary of State shows the formal business entity for the publishing company is Sony/ATV Tunes, LLC a Delaware Limited Liability Company.  I have not confirmed, but have it on a reliable source that Michael Jackson’s interest in the LLC is held by a trust. [UPDATE:  The New York Times reported on June 27 this asset was held in trust]

Most likely the asset is held in a “spendthrift trust” and shielded from creditors.  In this type of trust, the beneficiary has no control over the distribution of trust income or assets and the corpus (big word for initial money/asset placed in the trust) and income is no longer in the estate of Michael Jackson and could not be attached to pay his  reported $500 million debt.

If the bulk of the assets are in trust, then the public may never know the extent of his estate.  The trust documents, unless there is litigation surrounding those documents, would never become public record.  Documents would only become public record if there is a probate of a will, will contest or other legal challenge regarding distribution of his estate.

There can be a plan in place and litigation still occur.  I blogged here about the ongoing dispute among the heirs of James Brown and the challenges raised to his trust documents.

I was interviewed on this topic today by the leading music trade and hope to have a link up to that article shortly.

This link goes to a post I am continually updating on the topic of a valid will and administration of the estate.  This link goes to my interview of California Probate attorney Jennifer Sawday on the topic.

Click here to review comments from a California surrogacy attorney.  Go to JDSupra to read my additional thoughts on what happens next.


Entertainment Law Update Podcast 2

by Tamera H. Bennett

Had another great time co-hosting the Entertainment Law Update Podcasthttp://www.flickr.com/creativecommons/by-2.0/

with attorney Gordon Firemark.  You can hear, download and subscribe to the podcast here.

Topics (with lots of links) include:

  • Congratulations to Maren Christensen, Executive VP and General Counsel at Universal Studios,  who’s been named Beverly Hills Bar Association’s Entertainment Lawyer of the Year for 2009.
  • Supreme Court Nominee  Sotomayor’s background and 2nd Circuit ruling in favor of statutory damages as deterrent.
  • Backlog at the Copyright Office.
  • Does the Register of Copyrights hold office lawfully?  A pending Constitutional Appointments Clause challenge  questions the validity of CRB appointments, but what about the Register’s ministerial Acts?
  • Sports Leagues losing control of fantasy-sports leagues as Courts rule that the First Amendment trumps rights of publicity, and player statistics, etc., where there’s a public interest in the information.
  • Good discussion of “Access” element of copying analysis in ruling on Summary Judgment for Defendant in song plagiarism suit.
  • Warner Music issues DMCA Takedown on Organization that hosted Prof. Lessig talk
  • Woody Allen/American Apparel case settles
  • SAG settles Force Majeure claims
  • Tenenbaum’s fair use argument – Case is set for trial July 20.

Texas Music Mini-Conference: History of Texas Music

On Saturday, May 30, Dallas Public Library’s Fine Arts Division will host a one-day conference on the history of Texas music.

Twelve sessions will be offered covering a wide range of performers and styles, including Stamps-Baxter and Southern Gospel music, Texas blues, rock bands from the 60s, two noted women in Texas music, the Texas International Pop Festival, jazz in Texas, the Big D Jamboree, and more. Two film screenings will be included in the day: Teen-a-Go-Go and South Dallas Pop.

Although the conference is free, space is limited, so advance reservations are requested. To register for the event, please visit http://texasmusic.eventbrite.com.

Here is a link to the schedule.

Here is additional information on the topics/presenters with links:

Ruby Allmond and Louise Tobin:  Audra Brock, Jim Conrad, and Deborah Porter (Texas A&M University, Commerce)

http://rubyallmond.com

http://www.tamu-commerce.edu/library

South Dallas Pop Festival (film screening, Q&A):  Roger Boykin, Anne Bothwell

http://www.kera.org/tv/productions/southdallaspop

Texas Blues:  Jay Brakefield, Michael Dyson, Alan Govenar

http://www.docarts.com

http://www.blueshoeproject.org

http://www.theeagle.com


Buddy Holly and Buddy Magazine
:  Stoney Burns, Ron McKeown

http://buddymagazine.com

http://www.myspace.com/buddy_magazine

http://www.buddyhollycenter.org

Fort Griffin Fandangle (sampler):  Jim Coker and Fandangle sampler performers

http://www.fortgriffinfandangle.org

http://www.tshaonline.org/handbook/online/articles/FF/kkf2.html

http://en.wikipedia.org/wiki/Fort_Griffin_Fandangle

Big D Jamboree and the Light Crust Doughboys:  David Dennard, John Mark Dempsey, Art Greenhaw

http://www.dragonstreet.com/aboutus.html

http://www.artgreenhaw.com

http://faculty.tamu-commerce.edu/jmdempsey

http://www.tshaonline.org/handbook/online/articles/BB/xfb1.html

http://www.tshaonline.org/handbook/online/articles/LL/xgl1.html

http://bigdjamboree.net/home.html

Texas  Music Overview; Goals for Future Research:  Kevin Mooney

http://www.music.txstate.edu/facultystaff/bios/mooney.html

http://www.tshaonline.org/handbook/online/articles/TT/xbt2.html

http://ecommons.txstate.edu/cgi/viewcontent.cgi?article=1006&context=jtmh

Rock Bands, the 60s, Teen-a-Go-Go (film screening, Q&A):  Mark Nobles, William Williams

http://groups.yahoo.com/group/BigD60s

http://www.myspace.com/teenagogogaragebands

http://www.flickr.com/photos/bigd60s/sets

http://www.teen-a-go-go.com

http://blogs.dallasobserver.com/unfairpark/2008/05/do_not_read_this_unless_you_ha.php

http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoID=36336572


Texas International Pop Festival
: Angus Wynne

http://www.tshaonline.org/handbook/online/articles/TT/xft1.html

http://www.texaspopfestival.com

Bob Wills:  Jeff Storie

http://webtest.dbu.edu/fine_arts/Faculty/MusicFaculty-effreyStorie.asp

http://www.deckerjones.com/storie.htm

http://www.bobwills.com

http://www.turkeytexas.net


Southern Gospel and Stamps-Baxter
:  B. F. (Bob) McLemore and Pauline Thompson

http://www.tshaonline.org/handbook/online/articles/SS/ehs3.html

http://www.tsgsm.com

http://www.tshaonline.org/handbook/online/articles/GG/xbg2.html

http://en.wikipedia.org/wiki/Stamps-Baxter


BLAWG REVIEW #212

By Tamera H. Bennett

BLAWG REVIEW #212

“You Don’t Have To Call Me Darlin,’ Darlin’”

When I teach music publishing classes or seminars I always give an example to explain the difference between an idea and the expression of an idea. The expression of the idea fixed into a tangible medium is what is protected by copyright law.

My favorite example is to tell the class they each need to write a song that includes these ideas: trains, rain, momma, jail and pickup trucks.  (Yes, lyrics still count).  In the end they may all come up with something completely different and each original work would be protected by copyright law. Even if those same ideas are found in another song … the perfect Country & Western song.

Songwriter Steve Goodman penned the lyrics that singer David Allan Coe made famous in 1974  and turned the classic country song “You Never Even Call Me By My Name” a/k/a “You Don’t Have To Call Me Darlin,’ Darlin’” click to watch the video into a country cult classic. (Country cult is not an oxymoron, is it?)

Verse One
Well it was all
That I could do to keep from cryin’
Sometimes it seemed so useless to remain
But you don’t have to call me darlin’, darlin’
You never even call me by my name

Sometimes it seemed so useless to remain…  We don’t know for sure if he and “darlin” are married, but in Texas it could have been a common law marriage.  Watch out during those divorce proceedings for taped phone calls and emails showing up in discovery says the New Jersey Law Blog.  The Alabama Family Law Blog makes it clear it takes two to tango but only one spouse to get a divorce.

You never even call me by my name… As a trademark/branding lawyer one of my clients’ biggest concerns is being called by the right name and making sure no competitor is using the same or similar name.   Check with the Los Angeles Trademark Attorney Blog to see if it is the  “The Girl From Ipanema” wearing that IPANEMA tagged swimsuit.  Over at the TTABLOG we can voice our thoughts on Lamb’s vs Lam for rum.  Las Vegas Trademark Attorney Ryan Giles asks will the real Andre Agassi and Stephi Graf stand up now that their cybersquatters are down? Mr. President, please do not be confused by those pending OBAMA trademark applications in the EU as reported by the IPKAT.  And Google, what are you doing now with those crazy adwords?  Read the update from IP lawyer Ron Coleman on the Texas class action against Google.  This week is the Annual International Trademark Association Convention in Seattle so I am giving a special shout out to Seattle Trademark Attorney Michael Atkins comparing the Space Needle to the Rock ‘n Roll Hall of Fame.

Verse Two
You don’t have to call me Waylon Jennings
And you don’t have to call me Charley Pride
And you don’t have to call me Merle Haggard, anymore
Even though you’re on my fightin’ side

CHORUS:
And I’ll hang around as long as you will let me
And I never minded standin’ in the rain
But you don’t have to call me darlin’, darlin’
You never even call me by my name

Just make sure she really wants you hanging around because GPS can now be attached to stalkers.

Verse Three
Well I’ve heard my name
A few times in your phone book (Hello, Hello)
And I’ve seen it on signs where I’ve played
But the only time I know
I’ll hear David Allan Coe
Is when Jesus has his final Judgment Day

REPEAT CHORUS

Watch out for those signs, too.  Like Woody Allen, sometimes your picture might be associated with something you oppose.

RECITATION:
Well, a friend of mine named Steve Goodman wrote that song
And he told me it was the perfect Country & Western song
I wrote him back a letter and I told him it was not the perfect Country & Western song because he hadn’t said anything at all about Mama,
Or trains,
Or trucks,
Or prison,
Or gettin’ drunk.
Well he sat down and wrote another verse to the song
And he sent it to me,
And after reading it,
I realized that my friend had written the perfect
Country & Western song
And I felt obliged to include it on this album
The last verse goes like this here:

Well I was drunk the day my Mom got out of prison
And I went to pick her up in the rain
But before I could get to the station in my pickup truck
She got runned over by a damned old train

This additional verse that makes the song the perfect country and western song, also makes it o-so perfect for Blawg Review….

Did he say drunk and prison in the same line? You better see what my Twitter colleagues have to say at the Criminal Defense Blog, the Simple Justice Blog and the Defending People Blog.

Trains, people and trucks rarely make a good combination.  See what the Chicago Injury Lawyer Blog has to say about a recent train accident. Read here about the man charged with DUI in a car/train accident.  Also, no texting while driving the train.

CHORUS:
And I’ll hang around as long as you will let me
And I never minded standin’ in the rain
No, you don’t have to call me darlin’, darlin’
You never even call me
Well I wonder why you don’t call me
Why don’t you ever call me by my name

Until I re-read this post I thought it was the perfect Blawg Review post.  Then I realized it said nothing about…

Fashion and the law
Cuban Trade Laws and the impact on music
Estate Planning
Copyright Infringement
Negotiations
The Theatre
Social Media in the music business
Branding in the music business
Patents in the music business
or Tattoos — Famous Trademarks as Tattoos, that is

Now I realize I have written the perfect Blawg Review post.

You don’t have to call me Darlin,’ Darlin’ ….
just call me lawyer Tamera H. Bennett.

Blawg Review has information about next week’s host, and instructions on how to get your blawg posts reviewed in upcoming issues.

UPDATED 5/18/09:  American Apparel and Woody Allen settled for $5 Million after this Blawg Review went to press.  Read more here.


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