Law & Business

It's a fun Super Bowl weekend! So this video blog talks about trademarks for the Super Bowl, the NFL, and teams. Enjoy!

Let's talk a little bit about the Post cereal lawsuit against OkGo. I think there's been a lot of confusion about that. So I figured even though I'm on the road, let's chat post filed a lawsuit against the band. Okay go. Why Post wants to file a trademark called OkGo for a line of cereals. Probably ready to made cereals is my guess. The band sent the post a what we call a cease and desist letter. Now, we've heard a lot about cease and desist letters, but we haven't really heard a lot about what happens after you send a cease and desist letter. One of the pitfalls of sending a cease and desist letter is that the potential defendant in a lawsuit who receives that cease and desist letter may have the ability to go to federal court, especially in trademark law, because everything is federal. We want the court to say "We are not infringing upon this trademark." Now, in that particular case, what has to happen then is that the now defendant who asserted the trademark claims, who would have been a plaintiff, also has to file a counter lawsuit for the trademark infringement, as well as answering the the complaint that's there. So really what's happened here is that post started using the phrase, okay, go on cereal. Okay, go. The band did not like that particular use of the phrase. Okay, go. Despite the different sets of goods and services, that lawyer said the cease and desist letter. And in response to the cease and desist letter post decided to take that issue to their home district court and they filed a what we call a declaratory judgment asking the District of Minnesota that they are not infringing. So that's one of the that's one of the things that happens when you send a cease and desist letter. It can backfire on you. And you might actually wind up being a defendant in a lawsuit where, you know, they're being asked to say that they're not actually infringing. You have to make sure that you write your cease and desist letters calmly. You must make sure that you need to write your cease and desist letters specifically, and you need to make sure that you're not really going to kick up dust. But that is certainly one of the things that can happen. And in this particular case, that is exactly what happened that a lawsuit just started. So we have a lot to to to determine, especially a lot to determine about. Okay. Go's use of the trademark. Okay. Go ahead. And if it's a trademark that is famous enough that all other uses should be banned. To me, that's going to be the one and only question on the trademark case.

The "Law & Business" podcast has returned. Once again, we are with Heather Abissi, our co-host, from Abissi Law. We discuss domain names: How domain names are property;How domain names relate to trademark law;In which ways a person or business can challenge the validity of a domain name registration;Arbitration or Federal Court?What happens when the federal government seizes your domain name? It's a fun conversation! Don't forget to subscribe and rate us 5 stars!

The "Law and Business" podcast is BACK. And Anthony is joined by his new co-host, Heather Abissi. Heather M. Abissi, an attorney beginning her 15th year of practice, having served as an Executive Assistant District Attorney, Criminal Defense Attorney, Civil Rights Attorney, Tort Attorney, Family Law Attorney, Matrimonial Attorney, and Senior Assistant Corporation Counsel for the City of New York, and Corporate Outside Counsel, has a practice focused on legal writing, editing, contract negotiation, oral argument, trial support and strategy. The goal of her practice is to improve the work-life balance of attorneys by allowing them to outsource time consuming legal documents, and peace of mind to corporate clients who need detail oriented personal attention to their contracts rather than boilerplate. Heather Abissi The sensitive topic is revenge porn. Heather tackles the topic from the victim's perspective in terms of criminal law, and how to report such an action. Anthony tackles the problem from the perspective in terms of copyright law and rights of privacy/publicity aka name/image/likeness - how a federal civil lawsuit may help a victim.

Coming aboard the "Law & Business" Podcast is Polina Chtchelok. Polina is an Australian lawyer and engineer. She started her career in the energy sector, where after having lived in 5 different countries and working on various investments and projects, she saw a business opportunity due to lack of specific legal services and she moved from working in-house to creating her own niche market law firm in a controversial and challenging business environment of Bolivia in South America. After completing Executive MBA from HEC Paris with specialization in finance end entrepreneurship her focus now is on development of financial and operational strategies for business growth. This episode on how to define a business vs. how to define a startup was fun to record and we hope you enjoy it, also. Anthony Verna: (00:02)All right. Welcome to the Law and Business podcast, the most blandly named podcast out there. With me today is Polina Chtchelok. Polina, how you doing?Polina Chtchelok:I’m good, and you? Anthony Verna:I’m well. How badly did I butcher your last name?Polina Chtchelok:It was actually quite well. Anthony Verrna:All right. Oh, good. Okay. That's because your last name is Polish in nature. Polina Chtchelok:Russian. Anthony Verna:Russian, I’m sorry, I keep making that mistake. I grew up near our Lady of Czestochowa, which is I believe a Ukrainian saint. So anyway, I've learned a little bit about trying to figure out some of the Eastern Europe… Polina Chtchelok: (00:53)The region of my last name is Ukrainian Cossacks. Anthony Verrna: (00:58)Okay. Okay. So, all right. Thank you for the diversion. Uh, Paulina is an Australian lawyer and engineer. Speaking of a diversion. You started your career in the energy sector after having lived in five different countries, working on various investment and projects. Polina, you saw business opportunity due to lack of specific legal services. And you moved from working with in-house to creating your own niche market law firm in a controversial and challenging business environment in Bolivia, in South America. And then after completing your executive MBA from HEC Paris, with specialization in finance and entrepreneurship, your focus is now on development of financial and operational strategies for business growth. So welcome because law and business is exactly where you and I collide and intersect and thanks for being on today. Polina Chtchelok:Oh, thank you for having me here. Anthony Verna:Hey, so we're going to talk a little bit about what you think of as an ongoing concern for a business versus a startup. And hopefully our listeners can take away some ideas for thinking about if you're a startup out there thinking about taking your startup, what do I need to do to be an ongoing business concern? Polina Chtchelok: (02:14)It's a very complex subject, and it's a very current subject because as you know, with COVID-19, there's a lot of businesses being impacted. You have to shut down, but at the same time, COVID-19 accelerated in entrepreneurship. It's accelerated creation of startups. Its accelerated people being innovative and creative because of their restrictions they've been under. They had to think of new ways of doing a business, implement changes to keep the business afloat and, and even the current customers, they change their habits. And you had to adjust to these changes in the habits of your customers. Anthony Verna: (03:06)I completely agree. And we see that as well. We're seeing a lot more trademark applications come through the door. We're seeing a lot of patent application inquiries, and a lot of people trying to figure out if their invention is something that they want to invest the time and the money to get a patent application. And, that really begins one of the thoughts, like how much have you invested of your own money in your business? Polina Chtchelok: (03:35)Well, before we get into this point in terms of how much we invest,

It's always fun when your friends drop in for a podcast episode. My guest this time is my friend, the talented and lovely Andromeda Turre. Andromeda is a jazz singer whose latest project is called Growing up Jazz, a series about the influence of jazz on the American soul that runs parallel to her life story as the daughter of two jazz musicians. Andromeda had some copyright questions. These questions came from the musician's perspective, especially as we discussed the need for a copyright registration in the music and a need for a copyright registration in the sound recording (aka "sync license" when musicians license the recording). However, everyone who works in all media should find it informative and we want Andromeda back on soon. BTW - nobody is allowed to use "poor man's copyright" on the podcast anymore. That term is officially banned. Anthony Verna: (00:03)And welcome to the Law and Business podcast. I’m here with my friend Andromeda Turre. How you doing? Andromeda Turre: (00:09)I'm so good. And thank you so much for inviting me on to talk to you today. Anthony Verna: (00:13)Thank you for coming. Thank you for coming. And by the way, let's tell everybody listening. as Andromeda is a jazz singer and where can everybody find your stuff on the web? Andromeda Turre: (00:26)You can find it at andromedaturre.com. I'm on Spotify. I'm on iTunes, wherever you download or stream music, you can find my music and, yeah, that's it. Anthony Verna: (00:36)Well, thank you for coming. And so let's talk a little bit about copyright stuff, especially for, for the musician, especially the musician inside. Well, you've got a musicians inside and outside of you, so… Andromeda Turre: (00:55)But there's so many questions about copyright that I think so many musicians will want the answers to, and I know that you can help us out. So, I've got some questions for you today.Anthony Verna: Hit me with the questions. That's what we’re here for.Andromeda TurreOkay. My first question is: Why do musicians need to copyright their music? It can be expensive. And I know that you can copyright things as a group or as an individual song. Give us the pitch as to why we should do this. Anthony Verna: (01:24)Sure. So, in the United States… Let's start here… In the United States, without any kind of registration, if there's infringement, you can't file a lawsuit. So, I always say with copyright law, number one, it's the entry for, for a lawsuit and really it's a catalog as well. So, if you register every single song, you will be filing the composer's name, the date that it was composed, chances are where. And so, in that particular aspect, as your career grows, as your catalog grows, your copyright catalog grows. So, you have that barrier court and you have a catalog. So this way, if somebody needs to license something from you… I'm sure a lot of musicians are also members of ASCAP, BMI or SESAC. And therefore, they've got to have that catalog in there for licensing as well. Having the copyright registration is kind of the glue to making all of that work. Now also, besides just entering court, if you have the registration before any infringement happens, you are entitled to at least the potential for more damages. So for example, if you've registered your song and somebody copies it, whether it's intentional or unintentional, but if somebody copies your song passes it off as their own, and you get no royalties from it, then you can file a lawsuit and you can ask for actual damages. In other words, the loss monies. You can ask for what we call statutory damages, which is an easier accounting of those monies. And you can ask for attorney's fees as well, and this way copyright infringements would be worth it. If you don't file that lawsuit, you will… I mean, if you don't, excuse me, file your copyright before the infringement, you are not entitled to a statutory damages and you are not entitled to attorney's fees...

On Episode 58 of the "Law & Business" Podcast, Anthony sits down with James Kwon, the CEO and Executive Strategy Chef of Figmints, a digital marketing agency in Providence, Rhode Island. Figmints has cracked the code on creating, developing, and delivering the scalable, repeatable marketing, and sales models that create results, drive revenue, and keep its clients smiling. The conversation is about the Three Items Marketers Need to Know Now - right now, with the COVID pandemic hitting. Earlier, the podcast discussed why now is a perfect time for companies to continue to advertise - here are some thoughts on the strategy of how to advertise and market. A lightly-edited transcript follows: Anthony Verna: (00:02)All right, everyone. Welcome to the Law and Business podcast. With me is James Kwon from Figments. How are you doing James? James Kwon:I'm doing as well as I can be. Thanks, Anthony. Anthony Verna:You're feeling a little cabin fever lately? James Kwon:There's certainly the Groundhog Day scenario of repetition. I just had a great morning check-in huddle with the team and just reminding them to break the repetition and to stay sane. And that was my tip for this week. Anthony Verna:I think that's a very good, good tip for this week and I have to check in with my team as well. Our team is split between the East coast and the West coast. So I generally don't have like a one team phone call. James Kwon:That makes sense. Anthony Verna:Yeah. So James, tell us a little bit about yourself and a little about Figments as an agency. James Kwon: (00:58)Yeah, happy to. So, I run a digital marketing firm, full service digital firm called figments fig M I N T s.com. And, we do storytelling that actually proves revenue results. So start with brand storytelling, logo design, website design development, because of course we have to, but this last part where we're actually proving results for clients by setting up digital automation, content creation, thought leadership so we can drive traffic and see real results happen, and we actually do some of those calls on behalf of the client. So we're really trying to take as much of that funnel responsibility as possible. And I've been running an agency now for, it's our eighth year. We're about 20 full time employees. Since Figments I've started about nine companies so I'm a little bit of a serial entrepreneur. Have a little, some startups and some software companies and some subsidiaries.I just got invited to speak at Inbound. I’m not sure if you're familiar with it. Anthony Verna:I am certainly familiar. I'm certainly familiar with it. I mean, everybody listening is, sure. James Kwon:So Inbound, it's the largest marketing conference in the world. It's run by the software tool, HubSpot's, which is very fast growing. It's a hot stock to keep your eye on and just got invited to speak which is flattering. Anthony Verna:One particular question you certainly said that your agency helps with thought leadership, which is a buzzword, but I'm gonna have you break it down. What does thought leadership exactly mean? James Kwon:Yeah, great question. So this day… Anthony Verna:I only try to ask the great ones, man. I try not to ask stupid ones. James Kwon:Great job so far. So the thought leadership is a principle behind content marketing where today buyers are more informed than ever because they can go online, they can research blogs, they just go to Google and start searching. Well, what do I need to know if I'm going to hire a great patent attorney? Or what do I need to know if I'm going to hire a great agency? And you can find a lot of information. The person who can author that great content becomes the authority in that world. And so, this is the category we call thought leadership. If you can start to author a lot of great content, all of a sudden your name gets attached to all these great SEO content, all these great keywords when people are search...

Anthony Verna sat down with John Eastwood of Eiger Law in Taipei, Taiwan to talk about some of the effects of the COVID pandemic. Some of the topics covered are intellectual property, especially in relationship to bankruptcy, and employment law across borders and oceans. Supply chains are affected, also. Anthony Verna: (00:02)And welcome to the Law and Business podcast. On this episode is the most frequent guest, John Eastwood. How are you doing, John? John Eastwood:Doing well, doing well. I'm here in Taipei. My colleagues in Shanghai have apparently weathered quite a bit of the storm in the sense that Shanghai has not been so heavily affected. Taiwan, in the midst of this Corona virus situation is actually doing really well. It's become a bit of a model for… and it's been getting plaudits from different ends of the political spectrum of the United States. You get like the Wall Street Journal recently from kind of, an editorial perspective. It was lauding that Taiwan could be a model for what other countries could do. And then on the other side of the spectrum, I think we just got a shout out from Barbara Streisand on Twitter. The entertaining thing for that. The Taiwan government. I mean, I love the job of doing on Corona virus and it was currently, we're still living in the three hundreds at this point. We hear on as we recorded this in early April. But in terms of number of in fact the event, the administrative foreign affairs and Taiwan retweeted Barbara Streisand, so a tweet and said, Oh, you know, you're just basically, you're so awesome. Thank you for saying this. And one can only just look at how exactly the same concept of cooperation to reach great heights together in a mutually working mutually between scientists and government are exactly mirrored in the story for A Star is Born and you haven't seen A Star is Born. Kris Kristofferson does not come out on the ending of A Star is Born. Anthony Verna:Well at least that version of it, John. This is what the fourth version of that story? John Eastwood:I was just talking with my wife and kids about that this morning. We're up to four versions of A Star is Born. Anthony Verna:Actually, I think it's five. John Eastwood: (02:37)Any of them end well? Well, they're not happy stories, but you know, it's helpful idea. Like a star rises and one falls and you know, so that's not the point of the story is not that two stars rise together and reach their greatest heights and happiness anyway. Any hoo anyhoo yeah, no. See these are things that are the Chinese famous. He said these are interesting times. Anthony Verna: (03:04)What's it like going in and out of buildings in Taipei? Like are you… I mean, we're stuck at home. We're on an order that if it's not essential, and of course the definition of essential I think is constitutionally problematic because you've got states like New York that says that say that alcohol is not a problem. Pennsylvania says we're shutting down all the alcohol stores cause they're state run. And Massachusetts has said that alcohol is essential. Medical marijuana is not essential. So there might be a little vagueness here as to what, what essential might be, but we're not going out unless it's the grocery store and even then, I hope we stocked up long enough to keep us interested in dinner for a while. That gigantic pack of chicken thighs is not exactly exciting, but you know, it's in the freezer. John Eastwood: (04:13)We do approach the trips to Costco like it's a military operation, like, you know, in and out and got the masks and don't touch it other than what we're buying. And we do have like for example, right now I'm in the office, but we're in fact coming up this next week, we're implementing, even though Taiwan is in a very fortunate situation that could change at any time. And so we aligned with that. We are implementing a lot of… it's the new acronym for me. W F H - work from home and it's the first time I've had ...

In Episode 56 of the "Law & Business" podcast, Anthony speaks to Jim Frawley of Bellwether (at bellwetherhub.com), an executive coach. Jim helps his clients with that a slight push, or a friendly face when they try something new. Whatever you want Jim and Bellwether to be, that’s what they can be. Don’t just talk about the next steps – take an actual step to getting it done. Their topic is the hot-button issue is that as life is temporarily changed, our mindsets need to change. Jim loves to help people get stuff done. This can mean at the office, at home or in their community. It’s about getting motivated, disciplined individuals together to share ideas, learn from each other, and have fun. It is said that we are a result of the five people closest to us, so he wants to fish for those five that will challenge and help you improve the most. Enjoy the episode - don't forget to rate us! Anthony Verna: (00:04)Welcome to the Law and Business podcast, the least creatively named podcast out there in podcast land. With me is Jim Frawley. How you doing, Jim? Jim Frawley:Fantastic day. I love being on such a creatively titled show. Anthony Verna:Thank you very much. And, Jim, you're from Bellwether where you do a lot of business and executive coaching. Jim Frawley:Yeah, we work a lot with senior executives and teams and organizations and then we work a lot with small businesses on their strategic direction and figuring out what it is that they want to do to get to the next level. Anthony Verna:Excellent. Well, thank you for being on and for all of you out there who have forgotten what podcast you're listening to, I'm Anthony Verna, managing partner at Verna Law. And so, Jim, a lot of businesses, of course, are adjusting to the current new normal. I hesitate a little bit to call it anything more than the current new normal because I think we'll get back to normal at some point, even if it's in three or four months, I think we'll get back to normal. But, maybe that's my positive thinking. Jim Frawley:Well, normal is subjective. Anthony Verna:Well, that's true as well. Jim Frawley:It's going to be interesting to see what that normal actually is. Anthony Verna:That's true as well. So, from a coaching standpoint, the hot button items that your clients are coming to you about right now? Jim Frawley:Well, there are a lot of the small business owners, especially the ones who are sole proprietors… Anthony Verna:They're probably freaking out and panicking… Jim Frawley:Incredibly and for good reason, right? Most sole proprietors can't file for unemployment. Most sole proprietors, this is their sole income for their family. And business has just dried up overnight for a lot of them, other than the other businesses that are completely overwhelmed with the type of work. So, it's really dependent on the type of business that you're in and, and where you're shaking out on it. So, cashflow is obviously one of the big challenges that most of them are focused on, of course. But the other one that they're really interested in, and the one that I like to talk to most of my clients about is remaining relevant. And one of the big tokens of advice I give to my clients is, while you may not have revenue coming in, there is still an opportunity to not be forgotten from a business perspective. So we want to make sure that, you know, people's attention is everywhere right now how do you put your service and product front and center? It's probably just noise at this point. So how do you do it? And you have to do it in a selfless way where you're not trying to sell something because people aren't really buying anything. So how are you positioning your business to provide value for clients so that you are remembered when these things do get back to normal? Anthony Verna:It's a little reminiscent of the advertising mantra of: if needing to advertise in good times is important, well,

In Episode 55 of the "Law & Business" Podcast, Anthony speaks with Chelsey Pendock of Innovision Advertising. Innovision is an advertising placement agency and Chelsey discusses the sudden changes due to the COVID-19 pandemic, which includes which businesses are advertising, and why it is still important to advertise in more difficult economic times. Enjoy! Anthony Verna: (00:02)And welcome to the Law and Business podcast. You already know I'm Anthony Verna. with me is Chelsea Pendock from InnoVision Advertising. How are you doing, Chelsea? Chelsey Pendock: (00:12)Hi Anthony. I'm doing well. Thank you for having me on your show. Anthony Verna:Hey, not a problem. It's the least showy show in all of podcast world. So, it's also the least creatively titled show in all of podcastville as well. Chelsey Pendock:So it gets right to the point. Anthony Verna: (00:30)So, uh, InnoVision advertising is a what I would define as an advertising placement agency. How am I doing? Chelsey Pendock: (00:38)That's correct. We specialize in media buying and media planning. We don't do the creative in house, but we can certainly advise clients with advertising strategy and work with the creative team to make the messages best and most effective as it can possibly be. But our internal specialty is negotiating media rates and placing the media for clients, determining where they should be advertising to see an investment or a return on their investment rather. Anthony Verna: (01:12)In a time like this, I would assume that everybody's first instinct is to, you know, especially those who are running businesses is to stop their advertising. Chelsey Pendock: (01:25)Yes. That is usually the first thing. When a panic hits, people always think of advertising as something that's not really a necessity. Depending on the type of business you're in, that actually could be true or it, most of the time actually isn't. Yes, sometimes it is one of the first things to get caught in a recession. Anthony Verna: (01:54)So, have you been seeing that over the last two to three weeks? Chelsey Pendock: (02:00)We have, it just depends on the industry. There are certain businesses that are struggling right now and there are certain businesses that are actually thriving right now. Some of the clients that we work with that we're seeing that had to make cuts are particularly in retail, plastic surgery, salons, restaurants, events in particular, and automotive and anything in the luxury sector as well. Travel. But we don't work with a lot of entertainment clients, but we have seen a lot of people shying away too from, you know, Broadway shows. They can't go to movie theaters anymore. So TV productions have been on hold. So we are seeing that. However, there are some businesses that are actually thriving in this type of environment who we work with, like healthcare providers, of course, lenders in particular, grocery stores, accountants, auto repairs, everyone still needs to get their cars repaired. And then of course, technology companies like Zoom I'm sure are doing phenomenally well at this time. Anthony Verna: (03:13)You know, speaking of grocery stores, a couple of the podcasts that I listened to specifically from Philadelphia and one of the grocery store chains there has started advertising for employees and they are blunt to the point. In this time of need, we have developed a need for more people to come and work for us. And I was really shocked and surprised at how quickly the messaging changed. Chelsey Pendock: (03:49)Yeah. I mean messaging is 100% key in this situation. If you are a business that's going to keep advertising, it's very important that you tailor your message. So, in the case you're speaking of what the grocery store, they're looking for recruitment at this time, that's great. They definitely have to get that message out there. But there's other companies that rather than holding back on advertising,