Law & Business

In this episode, Michelle Carter and I discuss some of the mistakes that bloggers make which result in a lawsuit.  This can include trademark infringement (naming a blog after a registered trademark), copyright infringement (in pictures and music), and defamation. Here is a lightly-edited transcript of the episode: Anthony Verna: Hi there. Welcome to the Law & Business Podcast. I'm joined with the lovely, beautiful, smart, intelligent Michelle Carter. How you doing? Michelle Carter: I am great. Thanks for having me again. Anthony: Anytime. I'm going to let you kick it off cause this topic was kind of your idea wasn't it? Michelle Carter: Indeed it was. I think today we're going to be talking about the five things as a blogger that can get you sued. Anthony: And I'm sure there's more than five now that I think about it, but we've got five in mind though. Michelle: You're the attorney so you would know better than I, but, I think that we have both found that there are five common mistakes that bloggers make that will tend to get them in hot water if not right away then in time because eventually they will find you and catch up with you. Anthony: We'll go with that. I'll say this is a caveat to the show topic is that we're giving five tips or five things to be wary of, but ultimately there's always more than that. And these are five main ideas and five main thoughts. But, but anybody out there who has a blog in order to make money in order to advertise in order to keep business going, there's just more than these five. Michelle: Fair enough. So number one on our list of five things that can get you sued as a blogger is naming your blog after another business. Anthony: Some examples that come to mind are IkeaHacker. Michelle: I can answer you Forever 21. Anthony: That's a good one. Michelle: A Kindle Fire Department. One of my favorites of all time is Regretsry. Anthony: Right. And Regretsy is not around anymore. Michelle: No. April has moved on, but it was a great blog while it lasted. So, so why is it that naming your blog after another business could get you sued? Anthony: Well, for a lot of these businesses, obviously the business name is, is a trademark. And let me take a step back because I know not everybody listening has been listening since episode one. But the trademark is a business name, a business, a slogan, a logo that relates back to a business. Usually business people can own trademarks, but it basically identifies the source of goods and services and the quality of those goods and services. So something like Ikea, you think of Swedish furniture there. There you go. Swedish, that's made in China. Right? Okay. Isn't it all? But the idea of, of, of more than just Swedish furniture is I would say modular furniture, modern furniture. And what a website like - was it Ikea Hacks, Ikea hackers.net did, and I'm still not sure why you would want to do this, but they basically had their own ways of putting together Ikea furniture so that you could put together your bookshelf as a desk instead. They had a lot of different projects, like they had one where you could buy an end table and make a guitar out of it. Is this fair use, or, why not? Yeah. Honestly, it may be. It's, I know I read at least one comment where people said it was cheaper to buy Ikea furniture than it was to go to your local home improvement store and buy wood. So, and it's already cut. It's already polished. It's already finished there. There are a lot of different projects. We certainly can't fault them for their creativity. I wouldn't want to do anything like that, though. Michelle: Okay. Your opinions on this website aside the, the fact is it was a very popular website. They had a lot of readers. Anthony: Yes, absolutely. And there is delineation here as to why Ikea decided to stay away from a lawsuit. And then they went to start the trademark infringement suit because ikeahackers.

In this episode, I speak with Daniel Sollecito, who has had a distinguished career in law, handling antitrust and commercial litigation.  We discuss preparing for litigation, document retention, and communications between the attorney and the client with litigation ongoing. Here is a lightly-edited transcript of the episode: Anthony Verna: Welcome to the Law and Business podcast, Episode Four. I'm Anthony Verna, the Managing Partner at Verna Law, P.C. . You can reach me at [email protected].  This episode was recorded outside at the request of my guest Daniel Sollecito, an attorney who's had a very long and distinguished career. So, you will hear some outside noises and I hope that doesn't affect the content of the episode. Thanks very much for listening and hope you enjoy. Welcome to the Law and Business podcast. I'm Anthony Verna. I'm here with my good friend, Dan Sollecito. Dan, am I still allowed to call you an attorney-at-law? Dan Sollecito: Nope. Attorney-at-law, retired. Anthony Verna: Emeritus attorney-at-law. How does that sound? Dan Sollecito: Emeritus? Yes, I am definitely  Like Pope Benedict. I am an emeritus attorney-at-law. Anthony Verna: Dan has had a long career of litigation and heartache and heartburn. Dan Sollecito: I've had a legal career about 43 years of which every single day was spent in litigation. I was not a transactional lawyer. I didn't do wills. I didn't do real estate closings. I did only lawsuits. I told my clients, unless it begins with a summons and complaint, it has nothing to do with me. Anthony Verna: So let's start here. Because a lot of businesses are sued every day. So, when a business receives that summons and complaint and that business is now a defendant in a lawsuit, what are some steps that you think that business should take besides picking up the phone and calling the lawyer immediately? Dan Sollecito: I would think, first of all, we would've backtrack a little. Generally, commercial disputes between businesses start with an exchange of letters. You were supposed to ship me a hundred sacks of flour. I only got ninety. Where was the other ten? Anthony Verna: Or sometimes with my clients, we think you're infringing upon our client’s trademark. Please tell us how much of this you've sold. Dan Sollecito: Yep. So at that stage, a client of mine who was a small business, and I represented many small businesses, I would expect to call me on the phone. If you get a letter which says, unless we can work this out, I'm going to have to sue you. That is a litigation letter and that should immediately be turned over to an attorney. Now if we go into the next step… The next step your opponent gets dissatisfied with your answer. Now their attorney writes to you. That's called an attorney demand letter. That, to me, if you are businessman, and a good businessman that absolutely requires you, like a forcing bid in bridge, you have to then call your attorney. Once you get that attorney demand letter, if you have a regular attorney who does your litigation or who does all your legal work, he is going to expect that if you get a lawyers letter from  another party, you will contact him immediately. Because now in effect, the clock is running, tape is running. Now we're making legal history. So, once you get the letter from your opponent and it looks like a threat of litigation, you're infringing on copyright or a trademark or you know, you sent us the wrong goods or whatever. If you're a head’s up businessman, you might call your lawyer at that point. That's not a bad idea. And then he can help you draft your non-lawyer answer to that to try to keep it out of litigation, you know, but once you get the letter from the other side's lawyer, then you have to be crazy not to contact your lawyer. Anthony Verna: Well, of course, but I also think this goes to another area that you and I have experience in, which is that if an attorney is involved for the other side,

In Episode 3, I am joined by Jim Cushing.  Jim is a lawyer at The Law Office of Faye Riva Cohen, P.C. , focusing on family, real estate, and unemployment law. Jim is a big fan of the band Yes and discussed a copyright infringement case that a frequent artist for the band filed against James Cameron, the film director, over the scenery in "Avatar."  You can read Jim's blog here. Through this episode, I discuss the requirements for filing a copyright infringement lawsuit and what materials in visual works are protected under copyright law and what is not protected under copyright law. Here is a lightly-edited transcript of the podcast episode: Episode 3: Anthony Verna: Welcome to the Law and Business podcast. I'm with James Cushing. James, you can say hello. Jim Cushing: Hello. How are you doing? Anthony Verna: I'm well, thanks. Thanks for calling in. Jim, tell us about your practice. We'll start there. Jim Cushing: Thanks. You know, I met Anthony way back in college through a mutual friend, Steve. Do you remember? Anthony Verna: There's only one mutual friend? Jim Cushing: Well, I think we developed many mutual friends through that, I guess. I the people there and I've been in practice in Philadelphia since 2002. My practice and my office Faye Riva Cohen’s sort of claim to fame as a labor employment side practice, civil rights type of stuff. But I am sort of been relegated to a lot of a domestic, family divorce, custody support, unemployment comp, small claims sort of thing. I do a lot of landlord-tenant and contracts up to sort of the garden variety every day, a real person type stuff. Usually plaintiff's side. Anthony Verna: So, you're claiming I'm not every day or a real person? Jim Cushing:  I guess not everyone's patenting things every day, but yeah. So, I've been doing that since about 2002 for the same law practice, which sounds crazy to me. Actually, just yesterday was my 12 year anniversary at this office. Anthony Verna: Congratulations. Jim Cushing: Thank you. And my 15th anniversary practicing law.  What's that? Anthony Verna: Do you get a pin? Do you get a framed certificate? Jim Cushing: I wish I got a gold watch or something, but it was just more of a, Hey, good, nice, go on. Thanks for not asking for more money. Something like that. And I've been, you know, I’ve been maintaining a blog, which is I think what sort of inspired this cast, but it’s judicialsupport.wordpress.com where I've been writing about some copyright infringement issues, which I guess you'll get to, Anthony. Anthony Verna: Yeah, absolutely. I can break those down for you. I've got all the paperwork up here and what you've been talking about is a case called William Roger Dean Against James Cameron, 20th Century Fox, student entertainment, blah, blah, blah, blah, blah. And lots of other people who put money behind movies. Who is William Roger Dean? Jim Cushing: Roger Dean. He's not usually known as Roger Dean. In fact, it wasn't until I, I've been a big fan of his for years and it wasn't until I saw this lawsuit that I knew his name was William. But, Roger Dean… Anthony Verna: Stage names, aren't they wonderful? Jim Cushing: What's that? Anthony Verna: I said stage names, they’re wonderful. Jim Cushing: Right? Yeah. He goes by his middle name. So, Roger Dean. He's been around as an artist, as a surrealist artist for I would say 45 years. His claim to fame is doing art for album covers mainly, although he's done some other things on television, movies, and architecture, but his main art avenue is going to be album covers for rock bands. So, he's been the primary artist for the band Yes, the progressive rock band. Yes. He's done their logo and many, many album covers for them and their stage set design. Anthony Verna: I was going to say you're a big Yes fan. Jim Cushing: I'm a huge Yes fan. Anthony Verna: You're allowed to admit this here. Jim Cushing: And I was going to say that nowaday...

Welcome to Episode 2 of the "Law & Business" podcast: An Introduction to Copyrights. In this edition, I talk about what a copyright is, what rights a copyright owner has, and some thoughts for businesses that create works that fall under copyright law. It is a short and simplistic review of copyright law.  If you have any questions, please send me an e-mail at [email protected].   A lightly-edited transcript of the podcast episode: Hi there. Welcome to the Law and Business podcast. This is officially episode 2. I’m Anthony Verna. I’m the Managing Partner at Verna Law, P.C.. You can visit the Law & Business podcast website at vernalaw.com and you can contact me with any questions at [email protected]. Thanks very much for joining us and this is going to be one of those episodes where I'm talking all the time. I have plenty of guests coming up in upcoming episodes. I've been asked to talk about copyright law by a few listeners and friends as it is a big part of our practice, which focuses on trademark and copyright advertising and promotion law. I spoke earlier today to somebody with some copyright questions and I look to pass those on to you. But before I do, I'm going to define what copyright law is and it's I know a little confusing for a lot of people, but a copyright law effectively protects works of art and it's a right that an author or composer or writer or artist has and it allows that artist or author, I mean, I'm just going to stick to the word author because that's what we do in copyright law. It allows the author to take that work that falls under copyright law and make copies and sell copies and publicly perform copies of that work. It allows that author to receive royalties for the licensing that work when it appears in other forms. So, from that particular standpoint, copyright law is very powerful, especially for a business that owns copyrights and works in copyrights. Some of the articles that fall under copyright law are literary works and in today's world, computer programs are defined as literary works, musical works, dramatic works, and that includes any music that's in a dramatic work. Pantomimes, choreographic works, pictorial graphic sculptural works of visual arts, motion pictures, and other audio-visual works. Any sound recordings, and, by the way, the musical work is separate from the sound recording itself. There is a separate copyright in any sound recording as there is in the content of the sound recording. Architectural works also count as works with copyrights, but it’s a little different. So, the person who asked me a copyright infringement question, it really was an infringement question, is an author and the author said, “I sell my book. And generally, I like to say, you know, I don't have a problem if there's a site out there that has taken my work and is giving it away because it creates other avenues of revenue for me. It creates more eyeballs, it creates more fans, it allows other work to be sold.” and that's the wonderful, wonderful flexibility of copyright law. Enforcing it doesn't really affect your, excuse me, not enforcing. it doesn't really affect your business plan. You can choose to ignore any infringement. Now, I will say, I don't particularly like the idea of ignoring infringement. If your business plan is to give away copies or to allow other mediums or other media, then it should be released under what's called a creative common license. The traditional copyright law says the author/ copyright owner, because they could be different, and I'll explain that in a bit, has these rights and anybody who does not have written permission to sell copies, distribute copies, etc. has no rights whatsoever and is infringing. To look a little bit aside from the infringer is effectively what's called a Creative Commons license. And that is if the person who traditionally would be infringing is not making money off that infringement, then we'll look aside.

In this episode, guest Michelle Carter joins me to talk about trademark licenses and a basic idea of what a likelihood of confusion is. In trademark licenses, it is imperative that the licensor insists upon having standards in the product and intellectual property in order to have the trademark license stand for goods or services.  In the meanwhile, it is incumbent upon the trademark licensee to meet those standards lest there be liability for trademark infringement and breach of contract. Speaking of trademark infringement, we discuss a couple basic cases of what a likelihood of confusion is between trademark owners.  Then I discuss the need for a trademark search and due diligence before use of a trademark. Here is a lightly-edited transcript of the discussion: Anthony Verna: And we're off, aren't we? Michelle Carter: Indeed. We are. Anthony Verna: Welcome to episode one, not zero of the Law & Business Podcast. I'm Anthony Vernon. I have a special guest with me. Say Hi. Michelle: Hello, listeners! Anthony: With me is Michelle Carter. What business are you in, Michelle? Michelle: I do public relations for select clients. Anthony: Yes. Very good. Welcome. Thank you. Of course. I've known you for a long time now. It is a pleasure to be here. For those of you who forget who I am, I'm Anthony Verna. I'm a managing partner at Verna Law, PC where we do intellectual property, patent, trademark, copyright and advertising and promotion law. That's a mouthful. I am also going to be speaking at the Small Business Albany Exposition. October 1st I'm doing the opening remarks and I'm doing a seminar on trademark and copyright law for the small business owner. Although I never really liked the idea of being just a small business attorney, but, this is a small business exposition, isn't it? Michelle: And it's a good thing you're not just for small business, but in all seriousness, it is a wonderful event. If you have a chance to check it out, you really should. Anthony: It's October 1st in Latham New York. Did I pronounce it correctly? Okay, very good. And you can go to smallbusinessalbany.com if you want to register. Excellent. This is the Law & Business Podcast. It's, what I find interesting is this intersection that a lot of people find that sometimes maybe law stifles their business. Sometimes they find that law helps their business and sometimes people are just confused because all they want to do is business and not worry about, what laws do you have any confusion in, in these particular areas? I would say that, , I have seen with, with multiple clients that their, their ignorance of the law can certainly come back and bite them. So I always advise people to do the legal on the front end. You will thank yourself later. I promise. Michelle: That almost sounds like: you should hire an expert as well. Anthony: It does because experts have the, the, uh, ability to be expert in their field and actually know what they're talking about. Hmm. Now, now let's go to people who, who sound as if they don't know what they're talking about. Because I heard, I have, you and I were talking earlier about Donald Trump obviously before we were recording, and he has sued Trump entertainment, which he doesn't own. And part of, part of the issue is that he's, he's only minority shareholder of Trump entertainment. What he says doesn't go, however, because it's still called Trump Entertainment. It's a license for the name Trump. And Trump is, has many federally registered trademarks. You can find “Trump” for the casinos, obviously for real estate. And, I'm sure for, I forget the Trump board game. Do you remember? Do you remember Trump airlines? Michelle: I do. Yeah. Anthony: He was trying to set up something like a semiprivate charter starting out of Atlantic City to luxury spots, although I guess that didn't really stick well. Did it? Michelle: Apparel. Anthony: I know there's, there's Trump apparel out there.

This is an introduction to the "Law & Business" podcast. My focus in my law practice is on intellectual property.  So, I wanted to discuss a series of questions that a potential client asked me on the phone earlier in the day:  What do I need to do to protect the trademark?  What is a trademark, actually? These are a few thoughts to introduce the "Law & Business" podcast. Here is a lightly-edited transcript of the podcast episode: Hi there. I'm Anthony Verna. Thank you for listening to the Law & Business Podcast. This first entry, consider an episode zero. It's an introduction to what the Law & Business Podcast is. I am an attorney. I practice intellectual property: patents, trademark, copyright, trade dress and advertising and promotion law. I wanted to create this podcast to discuss issues of law and business because most of my clients are business and we see a wave of entrepreneurship in today's world and it's, it's a wonderful wave and I think many business owners have this idea of barging into business, into the business world, like a bull in the China shop. You need to be a little more gentle than that sometimes. And that's the point of this podcast: to discuss issues that I see as I practice law and as other colleagues of mine see as they practice law and I'm going to have guests and I'm going to be able to discuss issues fully that the intersect with what I do and intersect with what my colleagues do. I look forward to having fruitful discussions and I look forward to having um, your interaction. You can reach me at [email protected] I'm the managing partner at Verna Law, P.C. in Rye, New York, outside New York City. This may be considered attorney advertising. You can reach us at (914)908-6757. If you have any questions, don't hesitate to pick up the phone and call. My first topic is really going to be a little on the basic side with what I do. And that's because somebody asked me a question today and that question is, well, when, when should I trademark something and when should I tell my clients about trademarks? And, and want to unpack that a little bit. A trademark is anything that relates back to a business. And that can be a name, it can be a logo, it can even be a color or a sound. And that relationship back to the business is so that consumers understand quality of goods and services. So number one, I don't want businesses to wait until there's a problem cause usually if there's a problem then by then it's too late. I don't want that to happen. That's issue one. Issue two is understanding that a trademark is a noun not of her and that trademark rights are in fact created when this name, logo, slogan, color or sound is associated with goods or services that our business provides to consumers and whether the consumer is a person or another business, that's okay. So I don't want somebody to just sit there and say, “I'll wait till I'm in trouble”, because by then it might be too late. One of the first steps that that we take and, and I advise all businesses to, to, to really be diligent and being defensive because there are so many other businesses out there. There are so many competitors. And in this particular instance, the first step that we do when a client gives us a trademark or a proposed trademark is a trademark search. I want to find out what's out there and I want to see what possible competitors, I don't want an infringement lawsuit for our client. They're nasty. I handle plenty of trademark disputes when somebody comes to me and they're not in the middle of the dispute. The idea is: Can we not be in one? I want to find out what competitors are out there with something similar. I want to see what outside of the industry, because trademarks are divided by industry. I want to see what else is out there that might bleed into this industry. And I've advised clients, that they might want to change the trademark. Why? Because if it's early on,

Understanding the Process: How to Trademark Your Name Are you ready to "trademark your name" and establish a strong brand identity? Before diving into the process, let's explore what it truly means to secure a trademark for your business. What is a Trademark? Your business name, phrase, slogan, tagline, or product name serves as a trademark if it uniquely identifies your goods or services. It's a crucial element in distinguishing your offerings in the market. The Registration Process Unveiled When you decide to "trademark your name," it involves a comprehensive process guided by legal expertise and scrutiny. Here's a breakdown: Trademark Search: Your legal team conducts a meticulous search to identify existing trademarks related to your goods or services. This step is crucial to avoiding conflicts and potential legal issues down the line. Due Diligence: Thorough research and analysis are performed, ensuring that your trademark aligns with legal requirements and industry standards. United States Patent and Trademark Office (USPTO): Your trademark application undergoes rigorous examination by the USPTO, verifying its uniqueness and adherence to trademark laws. Public Review: The trademark, after passing internal assessments, is presented for public review. This transparent process allows for any objections or challenges to be addressed. The Essence of Due Diligence While the goal is to successfully "trademark your name," it's essential to recognize that your business name may already be in use as a trademark by others. This emphasizes the need for due diligence in the form of comprehensive searches and legal expertise. Trademark My Name After that process, you can "trademark your name." The process, however, is important to understand what other marks exist in the marketplace for your goods/services. So, while you want to "trademark your name," your lawyers' job is to avoid liability while filing that application for a trademark registration. Yes, you can "trademark your name." Just remember it may already be in use as a trademark, which creates liability when that mark is not searched. Partnering with Verna Law, P.C. At Verna Law, P.C., we focus on guiding businesses through the intricacies of trademark registration. Our experienced legal team ensures that your trademark journey is thorough, efficient, and minimizes potential liabilities. Why Choose Verna Law, P.C. for Trademarking Your Name? Expertise You Can Trust: With years of experience in trademark law, our team understands the nuances of the process, guiding you seamlessly from start to finish. Tailored Solutions: We recognize that every brand is unique. Our experts craft personalized strategies to meet your specific needs, ensuring comprehensive protection for your name. Efficiency and Precision: Time is of the essence when it comes to trademarking. We streamline the process, ensuring that your application moves smoothly through the legal channels. How to Trademark Your Name with Verna Law, P.C. Consultation: Schedule a consultation with our seasoned trademark attorneys to discuss your business goals and understand the best approach for your trademark application. Comprehensive Search: We conduct a thorough trademark search to identify potential conflicts and ensure your chosen name is distinctive and registrable. Application Preparation: Our team prepares a meticulous trademark application, addressing all legal requirements and maximizing the likelihood of approval. Filing and Monitoring: We file your application promptly and monitor its progress, keeping you informed at every stage. Protection Beyond Registration: Our commitment doesn't end with registration. We provide ongoing support to protect your trademark rights and address any potential challenges. Secure Your Brand Today – "Trademark My Name" with [Your Firm Name] Don't leave your brand unprotected. Ensure its longevity and success by partnering with [Your Firm Name].