When your name and creativity mean everything to you, trust experience.
Tradename and trademarks are what help separate you from your competition. It is your business identity, and when you have worked hard to create a recognizable brand, you don’t want someone else using your name and reputation to sell their product. We at BLG are experts in evaluating, prosecuting, and defending
intellectual property litigation, trade name disputes, trademark infringement cases, and unfair business practices. In a lead trademark and tradename case that established rights regarding band names in the music business, BLG represented Three Dog Night and prevailed for our client. By taking a holistic approach to intellectual property disputes, BLG can help pursue settlement negotiations while actively protecting clients’ rights through court hearings and persuasive presentations.
“Although he guards his celebrity clients’ privacy carefully, the busy attorney made recording industry history when he won the rights to “Three Dog Night” as a protected trade name.” – Westside Today
“Negron responded to the outcome, saying his side was just ‘outlawyered’… Boesch did an unbelievable job convincing the arbitrator.” – Pollstar Magazine
The creative process is a necessary part of innovation, and those ideas must be as protected as the final product. BLG assists in the protection of content by copyright or by registration with appropriate public and non-public authorities, and is there as a representative when someone crosses a line into infringement or unfair competition. The Digital Millennium Copyright Act (“DCMA”), enacted in 1998, was designed to protect against the infringement of copyrighted works. The DCMA goes beyond criminalizing copyright infringement itself. It also makes it illegal to produce and disseminate technology, devices, or services that allow unauthorized access to copyrighted works. That, along with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act” – commonly known as “CAN-SPAM” – prohibits unauthorized content from being posted on an internet website. As an expert on the subject, “Boesch described the photos of (Katie) Hill as traveling through a “chain” of responsibility, where media organizations illustrate the photos as being in the public interest…”If he’s doing these things, it’s a malicious act with the intent to hurt,” Boesch said.” – Business Insider Through strong representation, negotiation, and lawsuits, the lawyers at BLG help entrepreneurs and entertainment companies, producers, talent, and technology companies, by protecting their intellectual property, copyrights, ideas, and creative work product.
“Further connecting him to the electronic media, Boesch was retained by a group of twenty-six Los Angeles television news anchors to plead the case for allowing cameras in the courtroom. So effective was his case that he was asked to write the California Judges’ Media Handbook, and is in the process of completing the third edition on the subject.” – Brentwood News
It is often important for clients and potential clients to understand who they are dealing with and the distinctions between talent agents and talent managers. Not understanding their different roles can lead to misunderstandings and potential conflicts within an artist-agent or artist-manager relationship. That is why California’s Talent Agency Act requires anyone who solicits or procures artistic employment or engagements for artists to obtain a talent agency license. Who decides whether a personal manager is or is not acting as an unlicensed talent agent? Philip W. Boesch, Jr. was the selected Arbitrator who confirmed the arbitrability of talent and agency disputes in a case where the principle was affirmed by the decision of the United States Supreme Court. Preston v. Ferrer (2008), 552 U.S. 346. BLG understands that questions are common not only because of the differences in methods by which professionals can be paid but because of the statutory benefits of the Talent Agency Act and even how that affects payments to lawyers of talent, whether through percentage fees, hourly fees, or contingency fees. BLG has proudly invested with our clients on more than one occasion with the tremendous success of the television series.
“Paul Petersen of a Minor Consideration, a nonprofit for the support of former and current child actors, followed Boesch’s successful trial in the case of ‘Different Strokes’ television star Gary Coleman. Says Petersen, ‘every kid actor owes Boesch a debt of gratitude. His handling of Gary Coleman in a very difficult place was the stuff of legends. He not only won the case, but he helped keep that young man together.’” – Brentwood News.
Copyright laws are there to protect the creative endeavor from being harmed, and in today’s digital world, that has become more difficult. With a camera in every pocket and social media marketing, it is very easy to have your work used without permission or compensation.
A thicket of federal and state laws and administrative rules and regulations attempt to govern digital media. The Digital Millennium Copyright Act (“DCMA”), enacted in 1998, was designed to protect against the infringement of copyrighted works. The DCMA goes beyond criminalizing copyright infringement itself. It also makes it illegal to produce and disseminate technology, devices, or services that allow unauthorized access to copyrighted works.
Whether you are dealing with new media and streaming services, social media, or the development of digital music and art, the team at BLG works closely with people in all aspects of the entertainment field. BLG are experts in evaluating, prosecuting, and defending intellectual property litigation, trade name disputes, trademark infringement cases, and unfair business practices. By taking a holistic approach to intellectual property disputes, BLG can help pursue settlement negotiations while actively protecting clients’ rights through court hearings and persuasive presentations.
“Clients, especially those involved in highly public cases, choose the firm because of its media experience.” – Los Angeles Daily Journal.
If you are seeking the most skilled and qualified representation, contact the Boesch Law Group today to schedule a consultation.
