1. What are the legal issues relating to marketing through social media?
2. What are the benefits to an employee and employer employment agreement?
3. What are the publicity rights, and what are some of the issues that may arise in the case of fashion designers who are closely associated with their fashion brand?
4.How do I learn about local and state zoning laws?
5.Any current law debates? How can I find out?
6.If a space is rented, who is responsible for the liability insurance in the event a customer has an accident
inside the store - who is responsible outside the store.
7.Largest legal challenge to opening my own retail business? What are the legal issues I need to be aware of?
8.What area the labor and employment law considerations as they relate to the fashion industry; what area the fundamental issues related to working conditions, wages and hours, and child labor and the use of independent contractors (such as sales representatives).
9.What is the procedure for verifying the name that I wish to use for my store to ensure the name is not registered by another store
10.What is the best way to set up a banking account, business and personal together or separate? advantages and disadvantages of each.
Ruling the Law with Katie Goldberg
Q: What are the legal issues relating to marketing through social media?
A:There are many 1st amendment issues regarding marketing through social media. First, sometimes marketing campaigns are too sexual or violent, therefore triggering the government to invoke its police power and stop the ads from happening. But this is a first amendment problem because it prohibits free speech. Copyright-many marketers try to copyright their ideas and others try to as well. Privacy-some marketers target people based on what they google, thus there is an issue with whether this type of marketing is an invasion of privacy protected through the due process clause of the 14th amendment.
Q: What are the benefits to an employee and employer employment agreement?
A:1. Often times, these agreements contain arbitration clauses specifying how employees can sue in the fact that they do. This helps keep the process organized, but this is often more beneficial for employers.
2. Employees understands their rights and terms of employment.
3. Certain limitations on what employees and employers can and can not do.
Q: What are the publicity rights, and what are some of the issues that may arise in the case of fashion designers who are closely associated with their fashion brand?
A: Publicity rights are those that come from marketing your product. For example, Vanna White has publicity rights to her character because she created this. Someone can not come along and be just like Vanna White. Some issues that might arise are when the brand has publicity rights w/the designer-kind of like Betsy Johnson how she really crafted her style so thats her own to which it is a right. However, it is hard to determine where to draw the line-Johnson's works are her right-thats not really her personality, whereas Vanna is entitled to her personality.
Q:How do I learn about local and state zoning laws?
A:Public research; The local and state laws will be on the nevada government law website.
Q:Any current law debates? How can I find out?
A:Yes, look on the New York Times.com website under opinion columns. Also, look to local newspapers and websites. There are law debates re healthcare, 1st amendment issues, gun control.
Q:If a space is rented, who is responsible for the liability insurance in the event a customer has an accident inside the store - who is responsible outside the store.
A:You would need to look at the terms of the store's insurance policy. Often, the store would be liable if it was not the customer's fault at all (there was water on ground). If it happens outside the store you need to see who owns the area outside the store.
Q:Largest legal challenge to opening my own retail business? What are the legal issues I need to be aware of?
A:Insurance. Make sure to insure your business from malpractice. Put it into a limited liability partnership so you are not liable for anything that happens. You need to be aware of fair labor practices, contract law-make sure u explain all terms of the employee-employer offers, you also need to understand the laws on marketing.
Q:What area the labor and employment law considerations as they relate to the fashion industry; what area the fundamental issues related to working conditions, wages and hours, and child labor and the use of independent contractors (such as sales representatives).
A:Make sure you have reasonable wages. Make sure to put these wages in contracts btwn employer and employee. Sales representatives must be disclosed as a sales representative. Make sure to put that they are solely sales representatives in the marketing and ad campaigns for your store.
Q:What is the procedure for verifying the name that I wish to use for my store to ensure the name is not registered by another store?
A:Look at nevada public records site to make sure that no one else has the name.
Q:What is the best way to set up a banking account, business and personal together or separate? advantages and disadvantages of each.
A:SET them up SEPARATE. Make sure your business is a limited liability partnership. Comingling of assets is confusing and can get messed up. Also ,if u co mingle this could be used against u by saying the business was used for personal reasons which is bad when u have a LLP and u don't want to be held personally liable if the business messes up.
Week 5 EOC: Hands off MY internet
The internet today is one of the most used tools in the world in every area of business. Many use the internet for entertainment, which it can be, but the power of the "www." shouldn't be underestimated. As time continues not only are business's understanding the power of the internet, so is the government.
1.) We’re in the middle of an epic battle for power in cyberspace. On one side are the traditional, organized, institutional powers such as governments and large multinational corporations. On the other are the distributed and nimble: grassroots movements, dissident groups, hackers, and criminals. Initially, the Internet empowered the second side. It gave them a place to coordinate and communicate efficiently, and made them seem unbeatable. But now, the more traditional institutional powers are winning, and winning big. How these two sides fare in the long term, and the fate of the rest of us who don’t fall into either group, is an open question—and one vitally important to the future of the Internet.
federal security puts the power in the hands of internet companies and like many before them act in self interest by using their relationship with the government to increase profits. The effect trickles all the way down to the Mass population. Facebook is no longer just a place to chat with college buddies, its a advertising battle field and government tracking system.
2.) There is more government surveillance than ever before. There is more government censorship than ever before. There is more government propaganda, and an increasing number of governments are controlling what their users can and cannot do on the Internet. Totalitarian governments are embracing a growing “cyber sovereignty” movement to further consolidate their power. And thecyberwar arms race is on, pumping an enormous amount of money into cyber-weapons and consolidated cyber-defenses, further increasing government power.
It is interesting to see in years to come the where it will end. As I do have anything to hide and don't care if the government knows I checked in at Panera Bread for a quick lunch, there has to be limits developed as the right of privacy is essential.
Citations:
1.)http://www.theatlantic.com/technology/archive/2013/10/the-battle-for-power-on-the-internet/280824/
2.)http://www.theatlantic.com/technology/archive/2013/10/the-battle-for-power-on-the-internet/280824/
Week 10: Lawyer Jokes
Question and answer jokes
A: You can't get a finger between the rope and his neck!
Q: If you are stranded on a desert island with Adolph Hitler, Atilla the Hun, and a lawyer, and you have a gun with only two bullets, what do you do?
A: Shoot the lawyer twice.
Q: How can you tell when a lawyer is lying?
A: His lips are moving.
Q: What's the difference between a dead dog in the road and a dead lawyer in the road?
A: There are skid marks in front of the dog.
Q: Why won't sharks attack lawyers?
A: Professional courtesy.
Q: What do you have when a lawyer is buried up to his neck in sand?
A: Not enough sand.
Week 8 EOC: Bratz Brawl
On Tuesday January 29th 2014, The greatest IP battle concludes. Mattel (Barbie) and MGA Entertainment (Bratz), have spent most of the past decade in various courtrooms battling out for the answer for the question of Which Company is entitled to the Bratz millions?
When former mattel employee left the company and created the most serious threat barbie has ever faced Mattel was not going to sit back and do nothing seeing that the designer was still being employed by Mattel at the time of the design. Mattel pressed on to sue the former employee as they felt entitled to the profits.
1.) From that point on it went from bad to worse to farcical. At one point, the court ordered MGA to turn over all future plans for the Bratz line, which was then reversed, which was reversed by a lower court, which was re-reversed by the original court. This led to counterclaims flying from both directions and the last we had heard, Mattel, which had originally filed the suit, was being hit with a judgment for $309 million in damages, including MGA's court fees. Adding that together with Mattel's legal expenses, and this fight over dolls put Mattel on the hook for nearly $700 million.
8 years later the courts finally reaches the following conclusion that many view only profitable for the lawyers:
2.) The long-running IP war between Mattel Inc. and MGA Entertainment Inc. over the Bratz line of dolls has ended — for now — with zero damages.
The U.S. Court of Appeals for the Ninth Circuit on Thursday laid waste to Bratz maker MGA's $170 million trade secret award — an award procured on retrial after the appeals court wiped out Barbie maker Mattel's $100 million copyright verdict and constructive trust.
But MGA gets the last laugh. The Ninth Circuit left untouched $137 million in attorney fees and costs awarded to MGA for defending against Mattel's copyright claims.
Although MGA wont be collecting any additional damages but their legal team will live on to fight another day. CEO Isaac Larian promised to retry the company's trade secret claims to a new jury. Larian sourly quotes the following:
3.)"We are confident that when the second jury hears about Mattel's sneaking into our showrooms and egregious theft of scores of our secrets over the years, they will be even more appalled than the first jury and award MGA even greater damages," he said in the statement.
When former mattel employee left the company and created the most serious threat barbie has ever faced Mattel was not going to sit back and do nothing seeing that the designer was still being employed by Mattel at the time of the design. Mattel pressed on to sue the former employee as they felt entitled to the profits.
1.) From that point on it went from bad to worse to farcical. At one point, the court ordered MGA to turn over all future plans for the Bratz line, which was then reversed, which was reversed by a lower court, which was re-reversed by the original court. This led to counterclaims flying from both directions and the last we had heard, Mattel, which had originally filed the suit, was being hit with a judgment for $309 million in damages, including MGA's court fees. Adding that together with Mattel's legal expenses, and this fight over dolls put Mattel on the hook for nearly $700 million.
8 years later the courts finally reaches the following conclusion that many view only profitable for the lawyers:
2.) The long-running IP war between Mattel Inc. and MGA Entertainment Inc. over the Bratz line of dolls has ended — for now — with zero damages.
The U.S. Court of Appeals for the Ninth Circuit on Thursday laid waste to Bratz maker MGA's $170 million trade secret award — an award procured on retrial after the appeals court wiped out Barbie maker Mattel's $100 million copyright verdict and constructive trust.
But MGA gets the last laugh. The Ninth Circuit left untouched $137 million in attorney fees and costs awarded to MGA for defending against Mattel's copyright claims.
Although MGA wont be collecting any additional damages but their legal team will live on to fight another day. CEO Isaac Larian promised to retry the company's trade secret claims to a new jury. Larian sourly quotes the following:
3.)"We are confident that when the second jury hears about Mattel's sneaking into our showrooms and egregious theft of scores of our secrets over the years, they will be even more appalled than the first jury and award MGA even greater damages," he said in the statement.
Citations:
1. http://www.techdirt.com/articles/20121019/17344420768/its-finally-over-8-years-mattel-vs-bratz-no-ones-getting-paid-lawyers.shtml
Week 7 EOC: Las Vegas Lawyers
10 Potential Lawyers for Final Project:
Goldstein Law Offices, P.C.
Intellectual Property Lawyers Serving Las Vegas, NV (NationWide)
www.goldsteinpatentlaw.com
Watson Rounds
Intellectual Property Lawyers serving in Las Vegas
www.watsonrounds.com
Preston Sterling Kerr
Intellectual Property Lawyers serving in Las Vegas
www.sterlingkerrlaw.com
Colucci &Umans
Intellectual Property Lawyers serving in Las Vegas
www.colucci-umans.com
Nevada Law Group, Ltd.
Contracts Lawyers in Las Vegas
www.nevadalawgroup.com
Hays, McCibb, Rice and Pickering, P.C.
Contracts Lawyers in Las Vegas
www.haysmcconn.com
Atkinson & Watkins, LLP
Contracts Lawyers in Las Vegas
www.atkinsonwatkinslaw.com
Rosenfeld & Associates
Contracts Lawyers Las Vegas
www.lawrosen.com
Bowler Dixon & Twitchell LLP
Cintracts Lawyers in Las Vegas
www.bdtlawyers.com
Esteban-Trinidad Law, P.C
Contracts Lawyers in Las Vegas
www.Itrinidadlaw.com
SOURCE USED TO FIND THESE RESOURCES:
www.findlaw.com
Goldstein Law Offices, P.C.
Intellectual Property Lawyers Serving Las Vegas, NV (NationWide)
www.goldsteinpatentlaw.com
Watson Rounds
Intellectual Property Lawyers serving in Las Vegas
www.watsonrounds.com
Preston Sterling Kerr
Intellectual Property Lawyers serving in Las Vegas
www.sterlingkerrlaw.com
Colucci &Umans
Intellectual Property Lawyers serving in Las Vegas
www.colucci-umans.com
Nevada Law Group, Ltd.
Contracts Lawyers in Las Vegas
www.nevadalawgroup.com
Hays, McCibb, Rice and Pickering, P.C.
Contracts Lawyers in Las Vegas
www.haysmcconn.com
Atkinson & Watkins, LLP
Contracts Lawyers in Las Vegas
www.atkinsonwatkinslaw.com
Rosenfeld & Associates
Contracts Lawyers Las Vegas
www.lawrosen.com
Bowler Dixon & Twitchell LLP
Cintracts Lawyers in Las Vegas
www.bdtlawyers.com
Esteban-Trinidad Law, P.C
Contracts Lawyers in Las Vegas
www.Itrinidadlaw.com
SOURCE USED TO FIND THESE RESOURCES:
www.findlaw.com
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