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Pop Culture From A Legal View

Pop Culture From A Legal View
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Pop Culture From A Legal View




Episode 18: Surviving R. Kelly's Defamation Lawsuit

Thursday night Lifetime debuted a documentary series titled, “Surviving R. Kelly” It is a multi-night event giving voices to the women who have alleged to been victims of R&B singer R. Kelly’s alleged predator behavior. The documentary includes over 50 interviews of not only alleged victims but also family members, musicians, and creator of the me too movement, Tarana Burke. For its efforts to provide a voice to women where they have previously been unheard, Lifetime received a scathing...


Episode 17: Love Is Abrupt Cancellation, Admission of Guilt or Nah

Today we are going to discuss the OWN’s network series, Love Is and how creatives can protect themselves when they are pitching their ideas to third parties. After being renewed for a second season, the show was abruptly cancelled amid allegations of domestic violence and copyright infringement from one of the show’s creators. Our focus today is on the copyright infringement allegations. One of our amazing listeners posed the following question: is cancellation of the show the best option...


Episode 16: Offset's Stage Debut, Love or Abuse?

Did you see Offset's latest attempt to win his wife back? Join me and my guests, licensed therapist Ce Anderson and domestic violence attorney Adele Baker Underwood as we discuss the non- physical form of domestic violence and legal remedies for relief. Our top 3 takeaways 1. Domestic violence is not always physical. 2. Vet potential love interest before you become emotionally invested in them. 3. Sometimes it is better to resolve domestic violence situations through the civil courts rather...


Episode 15: Cardi B, Fornite Dance, and Nickelodeon Trademark/Copyright Update

Welcome to episode 15 of the Legal Tea. Today's episode is an update of previous issues we've talked about in the past. Did Cardi B give Fashion Nova written consent to use her name for their trademark? What artist finally sued Fornite for using their likeness? How did Nickelodeon respond to the cease and desist to their use of Double Dare? Our top 3 takeaways 1. Maintain your trademark registrations or risk a finding of abandonment. 2. File for your trademark as soon as you can to avoid...


Episode 14: LL Cool J and Prince Battle Alleged Cybersquatters

A couple of weeks ago when we’re discussing Prince's estate trademarking the color purple, I mention the estate filing a lawsuit against for Domain Capital for cybersquatting. Long story short. Domain Capital loaned money to the previous owner of (The previous owner was not Prince) The previous owner defaulted on their loan payments and Domain Capital took over the domain. It's very interesting to note that the domain has been registered since 1995 and Prince in his lifetime...


Episode 13: Black Owned Cosmetic Line Overcomes Trademark Issues With Big Brand To Make 1 Million D

Hey ya'll what's poppin? Thanksgiving has come and gone. Turkey leftovers have been transformed to turkey soup, casseroles, sandwiches, lol. Inboxes have been blowing up with sale notifications left and right for black Friday and Cyber Monday. We even had our on holiday sales going on. But the person that came out on top without any doubt is Supa Cent. Owner of the black owned cosmetic line, The Crayon Case. This sista from Louisiana earned a million dollars in only 90 minutes! 90 minutes! I...


Episode 12: New Edition Members Battle Over Right To Name

If you follow our Facebook business page for a while you might remember a few months ago I told ya'll that Johnny Gill and Ralph Tresvant of New Edition filed for and received a federal trademark for the group's stage name. For those of you who missed it here's the gist of the conversation. Well in May Ronnie, Ricky, Bobby, and Mike filed to cancel the trademark. Cancellation occurs after the trademark application has been approved for registration. Although trademarks are published to the...


Episode 11: Stay Out Of My Crayon Box!

Today we're talking about the Purple wonder himself, Prince. As we all know, this legend understood the importance of protecting his intellectual property and was no stranger to defending his rights through legal action when necessary. Remember the time he sued 22 Facebook users for linking to bootleg copies of music. How about the time he changed his name to a symbol as a result of contract dispute with his record label. Causing fans to refer to him as the artist formally known as Prince...


Episode 10: Gee's Bend, A Story Of Poverty, Ignorance, Fame And Copyrights

We're talking copyrights and today's story comes from my own backyard. Boykin, AL which is located in Wilcox County only about 2 hours from Montgomery and known to most people as Gee's Bends. Gee's Bend has a population of under 700. The town became known for the unique quilts made by members of its community. These quilts were created out of necessity, not art. Despite this fact, the quilts caught the attention art collector William Arnett after he spotted them in a Civil Rights era...


Episode 09: Seeking Forgiveness Can Cost You

We know when it comes to using someone’s intellectual property the rule is always seek permission. Well, this week I’ve read two cases of artists who did, in fact, seek permission BUT when their request was met with denial they moved forward anyway. Choosing to ask forgiveness instead. Case 1. Kendrick Lamar and SZA’s All The Stars music video uses visual artist Lina Iris Viktor. Viktor stated in an interview with the New York Times that she was contacted twice by Black Panther...


Episode 08: Rihanna's Trademark Woes

Rihanna is being sued over her use of Fenty University’s FU design. Freedom United claims that Rihanna through her partnership with Puma is knowingly committing trademark infringement and engaging in unfair competition through the use of their similar design. Top 3 Takeaways 1. If you have a clothing brand, make sure to use your logo as a brand identifier, not just a design. 2. Trademark infringement is in essence unfair competition. Most states have laws against unfair competition which...


Episode 07: Soulja Boy Cannot Copyright His "Superman" Dance

Although free to use, Fornite charges users for everything else in the game including popular dance moves. They call the dance by other names however the majority of people know the origin come from. Artist and others are calling out Fornite for not giving the artist compensation or credit. One Twitter user asked the twitter world why Soulja’s boy dance “Superman” hadn’t been jacked. Ask and you shall receive an answer even if the answer isn’t correct. Soulja Boy answered, claimed Fornite...


Episode 06: Jimmy Choo's problem with Amazon

I recently read an article sharing the American Apparel & Footwear Association believes that the e-commerce retail giant is not consistently doing enough to fight fakes. Members of the AAFA include Calvin Klein, Jimmy Choo, Marc Jacobs, Ralph Lauren and others. As a result of Amazon’s inconsistent handling of copyright and trademark infringement claims the association is requesting that some of Amazon’s international sites be added to the U.S. Trade Representative’s Black...


Episode 05: Consent People Consent

In today's episode, Attorney Murray discusses Fashion Nova's 4 attempts to register trademarks on the reality star turn rapper Cardi B's name. Today's top 3 takeaways are: 1. You must have consent if you are the filing a trademark for someone's likeness. Even if that someone is you. 2. It's vital that you protect your mark as soon as possible to avoid possible delay from a similar mark which might beat you to the punch. 3. Monitor your mark to stay on top of unauthorized used. Remember if...


Episode 04: Fitzmagic Trademark Drama. But Why You Mad Though?

Former University of Alabama player and 1st round draft pick Minkah Fitzpatrick filed a trademark application for his nickname, Fitzmagic and some people just aren’t happy about it. There are some people who think that the Rookie Fitzmagic stole the moniker from the veteran player, The trademark application was filed on September 12th and will sit in the USPTO database for three months before it is assigned to an examining attorney for review. Top 3 Takeaways 1. If the trademark references a...


Episode 03: WTF Procter and Gamble

Welcome to episode 3 of Off the Mark w/ Attorney. In today’s episode we are discussing Procter and Gamble’s latest trademark filings which include WTF, LOL, NBD and what it does and doesn’t mean for you. Plus Beyoncé scores a big trademark victory for her clothing brand, Ivy Park. Top 3 Take-Aways: 1. Trademarks must be associated with a good or a service. If there is no good or service there is no trademark. 2. Avoid building brands around popular trends. At the end of the day, no one is...


Episode 03: WTF Procter and Gamble

Welcome to episode 3 of Off the Mark w/ Attorney. In today’s episode we are discussing Procter and Gamble’s latest trademark filings and what it does and doesn’t mean for you. Top 3 Take-Aways: 1. Trademarks must be associated with a good or a service. If there is no good or service there is no trademark. 2. Avoid building brands around popular trends. At the end of the day, no one is going to hear/see the trend and think of your product or service. 3. Trademarks are considered in their...


Episode 02: Just Do It, Infringement or Satire?

Nike dropped a fire campaign last week showcasing Colin Kaepernick as the new face of their Just Do It campaign. People went crazy recreating the ad which leads to the question is the recreating of the ad trademark infringement? The top 3 takeaways from today's episode are: 1. Infringement cases are not a one size fits all, they are judged on a case by case basis. Before you use anyone’s mark for anything please consult an attorney for advice on how to proceed. 2. Satire is not a excuse or...


Episode 01: Intro to Off The Mark w/ Attorney LaConya Murray

Hello and welcome to the first episode of Off The Mark w/Attorney LaConya Murray. This first episode is a brief introduction to me, what to expect from the Off The Mark podcast and why you should listen and share with your business besties and tribe. I am a licensed attorney who absolutely LOVES helping my clients protect their business's greatest asset, their intellectual property. I take pride in making sure my clients make informed decisions. I take the time to explain the process,...