323.325.3389

Contact Us Today

Search
logo
mobile logo

Entertainment, Media & Tech

ANAND LAW PC > Entertainment, Media & Tech
13 June
0 Comments
Sticky

Accounting for Internal Revenue Code Section 280E When Drafting Operating, Joint Venture, Employment, and Licensing Agreements for Marijuana & Cannabis Businesses

Posted by Admin Anand
in Business & Transactions, Entertainment, Media & Tech

[fusion_builder_container hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" overlay_color="" video_preview_image="" border_size="" border_color="" border_style="solid" padding_top="" padding_bottom="" padding_left="" padding_right=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" border_position="all" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="no" min_height="" hover_type="none" link=""][fusion_text columns="" column_min_width="" column_spacing="" rule_style="default" rule_size="" rule_color="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id=""] [vc_row triangle_shape="no"][vc_column][vc_column_text] INTERNAL REVENUE CODE SECTION 280E [/vc_column_text][vc_column_text] Under Federal law, marijuana remains illegal, classified as a Schedule 1 controlled substance under the Controlled Substances Act (CSA).  Nonetheless, and regardless of whether or not marijuana...

Continue reading
02 June
0 Comments
Sticky

When Colors Act as a Trademark

Posted by Admin Anand
in Business & Transactions, Entertainment, Media & Tech

[fusion_builder_container hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" overlay_color="" video_preview_image="" border_size="" border_color="" border_style="solid" padding_top="" padding_bottom="" padding_left="" padding_right=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" border_position="all" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="no" min_height="" hover_type="none" link=""][fusion_text columns="" column_min_width="" column_spacing="" rule_style="default" rule_size="" rule_color="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id=""] [vc_row triangle_shape="no"][vc_column][vc_column_text]When Colors Act as a Trademark[/vc_column_text][vc_empty_space][vc_column_text] Trademarks are defined by the Lanham Act as “any word, name, symbol, or device, or any combination thereof” that is used to “identify and distinguish” one’s...

Continue reading
25 November
0 Comments
Sticky

NEWS : Guitar Center Files for Chapter 11, Ironically as Sales of Guitars Soar

Posted by Kevin Hellon
in Bankruptcy & Reorganization, Entertainment, Media & Tech

[vc_row triangle_shape="no"][vc_column][vc_column_text] NEWS : Guitar Center Files for Chapter 11 Bankruptcy Protection As Sales of Fender, Taylor, Gibson Guitars Boom The Filing Comes One Week After a Massive Debt-Restructuring Agreement [/vc_column_text][vc_empty_space][vc_column_text] A week ago, Guitar Center announced a debt restructuring agreement which is planned to slash $1.3 billion debt by nearly $800 million.  The Chapter 11 filing indicates that the company seeks to obtain $375 million in Debtor-In-Possession financing from existing note holders and lenders, and an additional $335 million in new secured loans. The company says it will continue operating as normal (as normal as it was in 2020 -- with a majority of its 300...

Continue reading
02 November
0 Comments
Sticky

Guidance on the Supreme Court’s Decision in USPTO v. BOOKING.COM

Posted by Kevin Hellon
in Entertainment, Media & Tech

[vc_row triangle_shape="no"][vc_column][vc_column_text] The United States Patent and Trademark Office (“USPTO”) has issued Examination Guide 3-20, which provides guidance on “Generic.com Terms after USPTO v. Booking.com” In June 2020, the Supreme Court reversed decisions of USPTO, rejecting a rule that a mark which consists of the combination of a generic term and a generic top-level domain (like “.com”) is automatically generic.  The USPTO had held that the proposed mark BOOKING.COM was generic as applied to the identified hotel reservation services, or, in the alternative, was merely descriptive and had not acquired distinctiveness.  The USPTO had been affirmed by the Trademark Trial and Appeals...

Continue reading
29 October
0 Comments
Sticky

NEWS : Tyler Armes v. Post Malone – Court GRANTS in part and DENIES in part Motion to Dismiss

Posted by Kevin Hellon
in Entertainment, Media & Tech

[vc_row triangle_shape="no"][vc_column][vc_column_text] NEWS : Tyler Armes v. Post Malone Judge Dismisses Copyright Case in Part, Allows it to Continue in Part [/vc_column_text][vc_empty_space][vc_column_text] Central District of California.  Judge Otis D. Wright found that plaintiff Tyler Armes (part of Murda Beatz' Murda Gang) has sufficiently set forth a case for copyright infringement against Post Malone regarding the song "Circles."  This case is at the preliminary stage, and the Judge's ruling does not indicate that he (and/or a jury) will ultimately find copyright infringement, just that there is enough alleged to allow it to proceed. The Court found that Armes could proceed with his copyright infringement claim regarding the...

Continue reading
21 October
0 Comments
Sticky

THE “SEVEN YEAR RULE” : CA LABOR CODE §2855 & THE ENTERTAINMENT INDUSTRY / 7 Year Rule

Posted by Kevin Hellon
in Business & Transactions, Entertainment, Media & Tech

[vc_row triangle_shape="no"][vc_column][vc_column_text]California, home to Hollywood, remains the epicenter of the entertainment industry. It is no surprise that an extensive number of contracts in the industry are governed by California law. For an industry that is based on the services of actors, actresses, musicians, and other artists, any change in the State’s labor laws are pivotal. Over the years, one such law has been of great concern to the industry: California Labor Code Section 2855 (the “Seven Year Rule”), which limits the length of time for a personal service employment contract to seven years.[/vc_column_text][vc_empty_space][vc_column_text] What is Section 2855 of the California Labor...

Continue reading
21 October
0 Comments
Sticky

A BRIEF OVERVIEW : TRADEMARK COEXISTENCE AGREEMENTS

Posted by Kevin Hellon
in Business & Transactions, Entertainment, Media & Tech

[vc_row triangle_shape="no"][vc_column][vc_column_text]One of the primary purposes of having trademark protection is to avoid consumer confusion. Trademarks, including names, logos, and other branding, are the reason one can distinguish a Nike shoe from a Puma shoe. However, some brands have similar branding, and still manage to protect their goodwill while coexisting in the market.  To “coexist” in the market, companies with trademarks that may be confused by consumers sometimes enter into trademark coexistence agreements.[/vc_column_text][vc_empty_space][vc_column_text] What exactly is a Trademark Coexistence Agreement? [/vc_column_text][vc_empty_space][vc_column_text] The International Trademark Association defines a coexistence agreement as "an agreement by two or more persons that similar marks can coexist without...

Continue reading
21 October
0 Comments
Sticky

MANAGERS, AGENTS, AND PROCURING EMPLOYMENT – THE CALIFORNIA TALENT AGENCY ACT

Posted by Kevin Hellon
in Entertainment, Media & Tech

[vc_row triangle_shape="no"][vc_column][vc_column_text] MANAGERS, AGENTS, AND PROCURING EMPLOYMENT [/vc_column_text][vc_empty_space][vc_column_text]California’s Talent Agency Act (“Act”) requires a person or entity to have a license to act as an agent for talent (e.g., artists, signers, musicians).  The Act defines an agent as “a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist or artists.” http://www.dir.ca.gov/dlse/talent_agency_license.html The question is, what exactly is “procuring employment”? And, does this mean that managers cannot book shows for talent?  The answer to the second question is yes: the Act effectively prohibits artist managers from booking shows, and it is...

Continue reading
07 July
0 Comments
Sticky

DON’T GIVE AWAY YOUR IP UNLESS YOU MEAN TO – AVOIDING LICENSES WITHOUT AGREEMENTS : PUT IT IN WRITING.

Posted by Kevin Hellon
in Entertainment, Media & Tech

[vc_row triangle_shape="no"][vc_column][vc_column_text]An implied license does not require any actual agreement—it arises solely from conduct and serves to allow others to use your intellectual property (“IP”).  There is no requirement that even a verbal understanding was reached.  Rather, an implied license is a legal concept that is created solely by the actions of parties and does not require any intention to allow such use. The implied license originated as a concept in patent law, and was then adopted in copyright cases.  It is now also applicable to the right of publicity. Generally, an implied license will be found where the following occurred: At...

Continue reading