A trademark is a word, phrase, symbol, design, or combination of these, that helps a consumer to “identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods” (15 U.S.C. § 1127).

Trademark protection allows the owner of a trademark to own the “goodwill” associated with a product or service. By owning the name that consumers positively associate with the product, a mark owner can prevent others from taking the name and reputation built up by the mark.

A great example is Coca-Cola, one of the most famous and distinctive trademarks worldwide. A trademark, unlike a copyright, can last forever as long as the mark is continuously used for commercial purposes. Although registering a trademark is not required for trademark protection, there are certain advantages in doing so:

• It gives the public notice that the registered owner is the owner of the mark.
• It provides the registered owner with a “legal presumption” of the exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in registration.
• It allows the registered owner to bring an action concerning the mark in federal court.
• It can be filed with the U.S. Customs Service to prevent infringing foreign goods from being imported.
• It can be filed with the U.S. Customs Service to prevent infringing foreign goods from being imported.
• It serves as a basis to obtain registration in foreign countries.

For more information on Trademarks go to the U.S. Patent and Trademark Office website: http://www.uspto.gov/.

A trade secret is any information that has independent economic value because it is not generally known or easily obtained by the general public, which potentially gives a business an advantage or “competitive edge.”

Trade secret information can include “a formula, pattern, compilation, program, device, method, technique, or process” (Cal. Civ. Code §3426.1(d))

The unauthorized use of a trade secret gives rise to a suit for misappropriation of a trade secret as well as unfair business practices and unfair competition. Such improper use of a trade secret “includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.” Cal. Civ. Code § 3426(1)(a). An owner of a trade secret is expected to keep close guard of the secret, and courts expect companies to make efforts to maintain secrecy

Perhaps the most famous trade secret is the process Coke uses to make its product, Coca-Cola, which is kept under tight seal. The secret, in turn, gives the company a tremendous advantage over competitors who cannot imitate the process.

Copyright law is a type of Intellectual Property that protects authors of original, creative works, including musical works, recordings, literary works, dramatic works, choreography, paintings/drawings, sculptures, photographs, software, radio and television broadcasts, graphic and architectural designs, among others.

Copyright law stems from the “Intellectual Property clause” of the U.S. Constitution, which states: “The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” (U.S. Constitution, Article I, Section 8).

Copyright law provides authors of original works with several rights (17 USCA §106, et. seq.):

• The Right to Reproduce
• The Right to Distribute
• The Right to Perform and/or Transmit Publicly
• The Right to Create “Derivative Works”
• The Right of Attribution and Integrity (with respect to limited works of visual art)

A violation of any of these rights is the basis for a copyright lawsuit , which may include several types of “damages” including “statutory damages,” attorney’s fees, and lost profits )(17 USCA §501, et. seq.).

These rights are not guaranteed in all instances, and do not last forever; all copyright protection is subject to time limits and various exceptions. For example, a copyright is not infringed if the use is considered minimal or fair, what is called the Fair Use exception (17 U.S.C. §107).

For more information on Copyrights go to the Copyright Office website: http://www.copyright.gov/.

The right to privacy is also called the “right to be left alone,” a fundamental right found in the U.S. Constitution and the California State Constitution. According to California statute, “use of another's name, voice, signature, photograph, or likeness in advertising or soliciting without prior consent” constitutes a violation of an individual’s right to privacy (Cal. Civ. Code § 3344(a)). This may give rise to the following kinds of suits:

• Invasion of Privacy
• Misappropriation of Name and Likeness
• False Light Invasion of Privacy

The compliment to the right of privacy is the “right of publicity” or “right to control the commercial value” of one’s identity. This right is violated when another uses a famous or public person’s name and/or likeness for commercial purposes, such as in an advertisement.

The main distinction between the right of privacy and right of publicity is that the latter focuses on the right to control your identity and to receive money as compensation for the commercial use; the right of privacy focuses on the mental and emotional damage to an individual resulting from the violation of the right to be left alone, although there is quite a bit of overlap between the two.

Defamation involves injury to a person’s name or reputation by saying or writing something “defamatory” about the person that is published to third parties. For example, public statements charging another with criminal conduct, impotence, promiscuity, an infectious or loathsome disease, failure to pay debts, or otherwise, could be the grounds for a defamation lawsuit.

Defamation is broken down into two categories: slander and libel. Libel involves written defamatory statements and slander involves spoken defamatory statements. In either condition, a person may have an interest in protecting one’s name from defamation.

A contract comes in many forms and can be tailored to particular needs; it can be oral, written or implied. At Lowe Law, clients are represented in all stages of a transaction -- from the creation to the negotiation and enforcement of rights. Types of entertainment contracts include:

• Licensing Agreements
• Partnership & LLC Operating Agreements
• Corporate and Limited Liability Company Formations
• Performer Agreements
• Manager/Agent Agreements
• Producer Agreements
• Writer Option Agreements
• Releases
• Recording Contracts
• Music and Art Publishing/Co-Publishing Agreements
• Complex/Hybrid/Other Tailored Agreements

Lowe Law also represents clients in general business litigation matters, including complex civil litigation and commercial disputes. Melding together years of litigation experience and business savvy, the firm offers clients strategic and skilled business and civil litigation counsel that employs a cost-effective and results-oriented approach to litigation.