Obtaining a Federal Trademark Registration

Trademark Registration

The Federal Circuit in Couture v. Playdom, No. 2014-1480 (Fed. Cir. March 2, 2015) clarified that in order to obtain a U.S. trademark or service mark registration there must be actual trademark “use” (15 U.S.C. 1051) prior to filing an application to register or filing a Statement of Use (intent-to-use applications) with the US Patent and Trademark Office.

Practical Pointers

1. A photograph on a website or the advertising of a product is not sufficient to establish “use”. A product must be shipped in commerce.  Keep documentation of earliest shipments.

2. A service offered on a website or simply advertised is not sufficient to establish “use”. The service must be provided in commerce. Keep records showing earliest provision of services.”

For more information regarding our Trademark & Copyright practice, contact Tony Keats at (310) 746-9802 or akeats@stubbsalderton.com.


SAM Preccelerator Program Presents: “User Acquisition – Gaining Traction” with Peter Mansfield


Join Stubbs Alderton & Markiles, LLP

for this exclusive event!




“User Acquisition – Gaining Traction” 

What often make hyper-growth businesses look like overnight successes is smart marketing. And while most marketing strategies remain consistent, the methods and tactics vary wildly. Marketing Guru Peter Mansfield shares examples and best practices to find the sweet spot on a shoe string budget and optimize your marketing effort for different stages of growth.


Thursday, March 26, 2015




**Food, Drinks & Networking Included!**






Peter Mansfield – 

Peter Mansfield is the quintessential startup marketing professional. Over the course of 25 years, he has been involved in a notable sequence of early stage company adventures and successes.  Peter’s in-the-trenches experience makes him particularly valuable in helping new ventures move quickly and efficiently to realize their market potential. He has helped fast growth companies including Xircom, Xylan, Optimal Networks, Packeteer, and Gearworks reach an aggregate market value of close to $5 billion. Alongside his strategic and tactical marketing involvement, Peter helps companies raise money, develop customer acquisition programs, and build channel partnerships. His extensive network includes top-tier VC firms and angels, venture-focused attorneys, recruiters, and other startup experts.

In addition to his market-proven ability to drive awareness and credibility for startups, Peter also provides marketing services for larger organizations. This includes financial services leaders such as Union Bank, and non-profits like The California Wellness Foundation. On a tactical level, Peter gets actively involved in branding, website development, presentations, event/conference management, social media, SEO/SEM, advertising, collateral development, PR, and sales support.

Peter founded Mansfield + Associates in 1992. The firm works with fast growth companies across the US. Peter’s current roster of venture-funded clients includes BillFloat (San Francisco), Marqeta (Emeryville), Revolution Credit (Irvine), Wallaby Financial (Pasadena), and ClickWithFriends (Toronto).


Stubbs Alderton & Markiles, LLP
1453 3rd Street Promenade, Suite 300
Santa Monica, CA 90401

4th Street/Broadway ramp or in the Santa Monica Place Mall

We hope to see you there!

SAM Encourages you to Attend: Creative Community Roundtable – “The Work of the Creative Community in a Digital Age”


Join us for this exclusive event!



Thursday, April 23, 2015




**Food, Drinks & Networking Included!**







  • How do we foster the Creative Arts and its protection among the youngest citizens in America?
  • Can individual artists engaged in traditional endeavors survive the mass, group interactions presented by the internet?
  • Is IP protection still effective in protecting the Creative Community?



Roundtable Panelists:

 David Hillary, Film Producer, Deviant Films and
Digital Media & Tech Strategy, Front Row Media
 Film producer with credits to his name such as Dear Eleanor,  Small Apartments, The Chosen One, Voodoo Possession, London,  and a host of other firms, including his most recent project, Death  in the Desert.
  Kathryn Ireland, Million Dollar Decorators Star,
and Acclaimed Interior Designer

Kathryn M. Ireland is an interior decorator internationally renowned for her worldly flair, easy sophistication, and a covetable design aesthetic that emphasizes comfort, color, and, ALWAYS, a magical dash of the unexpected. As a child growing up in London, Kathryn visited grand houses of unparalleled beauty all over England and immersed herself in the varied design traditions of these estates –furnishings of generous dimension, uninhibited expression of pattern and color, and graceful arrangements of objects and collections. Kathryn’s predisposition for the imperfect elegance of the English manor house followed her to Los Angeles where she has decorated homes of the Hollywood elite for over 25 years. Her Spanish Revival residence in Santa Monica is a pure reflection of her refined eye, her romantic attention to detail, and an innate understanding of the function of the home. Capacious, slip-covered sofas rub elbows with mid-century pieces, contemporary art, and tribal accents sourced from her wide and extensive travels. Ireland’s characteristic mingling of period and idiom may be highbrow, but she always aims to achieve a lived-in atmosphere. In fact, what supersedes every aesthetic consideration is quality, comfort, and an immediate sense of style and warmth. Ireland’s passion for layering pattern and color is well-documented and reflected in everything she does; but her emphasis on comfort and the practical considerations of day-to-day living – kids, animals, and the occasional over-served guest bobbling red wine – is what makes her the ideal designer for clients who want unique, stylish environments, but not at the expense of real, modern life.



  Jeff Jampol, Jampol Artist Management, Inc.  (JAM, Inc.)

As the founder and head of JAM Inc., which manages rock legends The Doors, Ramones, and the Estates of Jim Morrison, Janis Joplin, Tupac Shakur, Otis Redding, Peter Tosh and Rick James, Jampol has had ample opportunity to consider such issues. Indeed, he and his team are fond of citing the “Hippocratic Oath of Rock” as a guiding principle: First, do no harm to the artist’s legacy. But Jampol doesn’t view himself merely as a curator of classic catalogues. “The goal is to extend the reach of the artist and their work, using new distribution channels, new technology and other emerging resources, to place timeless art into a modern context.”

 He was the producer of the recent Broadway hit, “An Evening with Janis”, and in 2009 The Doors Theatrical documentary “When You’re Strange”.



 Mark Kruger, Television Producer, Writer

 Mark H. Kruger was born in New York City and grew up in Long  Island, where he spent much of his misbegotten youth watching  scary movies and reading Edgar Allan Poe, Shirley Jackson and  Charles Dickens.  These days, he is a film and TV writer  specializing in edge-of-your-seat thrillers and suspense.  He has  written and produced for The 4400 and Necessary Roughness  and has worked with filmmakers Wes Craven, Clive Barker and  Bill Condon.  He lives in Los Angeles.

 His other publications include:  “Overpowered,” and “Overtaken,” which is due out in May 2015.




  Tony Keats, Partner, Stubbs Alderton & Markiles, LLP

Tony Keats is a partner of the Firm and Co-chair of the Trademark and Copyright Practice Group. He was a founding partner of Keats, McFarland & Wilson LLP, in Los Angeles, and intellectual property practice team leader for the national law firm Baker & Hostetler. Tony’s almost three decade legal career has focused on both the legal and business protection of brands and creative content from consumer products to entertainment, from designer goods to the Internet. Since he commenced practice, he has provided counsel and has litigated cases on behalf of many of the world’s largest consumer product and entertainment companies, as well as individual entrepreneurs, actors, and musicians. Tony’s litigation background also includes related commercial matters involving unfair competition, contract disputes, rights of publicity violations, business torts, domain name infringement, and idea submission claims. Tony developed intellectual property protection programs for some of the largest entertainment properties in Hollywood history.

Stubbs Alderton & Markiles, LLP
1453 3rd Street Promenade, Suite 300
Santa Monica, CA 90401Parking
4th Street/Broadway ramp or in the Santa Monica Place MallWe hope to see you there!

Stubbs Alderton & Markiles, LLP Announces New Class of Preccelerator Program

SAM NewPrecceleratorHR

Preccelerator Program begins its fourth class of companies in Santa Monica

Los Angeles (March 5, 2015) Stubbs Alderton & Markiles, LLP is pleased to announce the admission of a new group of companies to join the third class of its Preccelerator Program.  The Preccelerator is a novel platform offered to select start-up companies out of the Stubbs Alderton & Markiles, LLP Santa Monica office that provides interim office space and access to sophisticated legal services, with the objective of helping start-ups grow their idea from business concept to funded startup.

The new participants include:

etouloo logoEtouloo – Today online dating sites are all the same. Members answer boring, scientific questionnaires and then write dreaded profile essays. Setting up a profile can be intimidating for many people and it’s just not fun for anyone. Dating sites rely on email, which is an ineffective way to get know potential matches.  Etouloo is an online dating service that uses gamified proprietary matchmaking algorithm to connect single adults via their unique gamified SparkFlirt(TM) platform.

LockawreLockAware – LockAware, Inc. is a new (2015) Los Angeles-based technology startup. LockAware’s primary goal is to significantly reduce fraudulent activity that is pervasive within the American locksmith industry. Its mission is to enable billions of dollars in lost revenue to be redirected to certified American locksmiths who operate as registered members of the LockAware network. LockAware Locksmiths, held to a high code of ethics and performance standards will aspire to restore legitimacy and trust to the time honored trade of locksmithing.

swggr homepage Swggr - The fashion love child of Instagram and Pinterest where users style themselves and others while being rewarded.  Users host a virtual online closet “collection” where they can instantly style and share looks for themselves, friends and followers. Users rack up reward points that are redeemable for discounts from their favorite brands and retailers, exclusive merchandise, and special access to fashion tastemakers.

Verde CircleVerde Circle – A software company that develops business software and services geared toward small to medium sized businesses.  Its initial product is a cloud-based software platform for managing inventory, sales orders, purchase orders and related communications.

Program Director Ryan Azlein states “We are thrilled to announce our newest Preccelerator participants.  As we continue to expand our program, we look forward to working closely with these promising start-ups toward achieving their goals over the next several months.”

The Program offers benefits such as free office space, real-time legal advice, partner perks, introductions to financing and other business services, and education and networking at their many in-house events.

The Preccelerator Program was launched early in 2013 and has had great success with its initial classes, which resulted in a majority of the companies being accepted into larger accelerator programs and incubators or successfully raising their seed funding round.

About Stubbs Alderton & Markiles, LLP

Stubbs Alderton is a business law firm with robust corporate, public securities, mergers and acquisitions, business litigation and intellectual property practice groups focusing on the representation of venture backed emerging growth companies, middle market public companies, large technology companies, entertainment and digital media companies, investors, venture capital funds, investment bankers and underwriters. The firm’s clients represent the full spectrum of Southern California business with a concentration in the technology, entertainment, videogame, apparel and medical device sectors. Their mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of their Firm.

For more information about the Preccelerator Program and to fill out an application, click here or contact Heidi Hubbeling at (310) 746-9803.

SAM Preccelerator Program Company TrekSavvy Announces Launch


SAM Preccelerator Program company TrekSavvy has announced that they have launched their premier travel site www.treksavvy.com.  TrekSavvy is your resource for discovering how best to experience the location’s must dos. Similar to asking a good friend who’s been there, TrekSavvy’s like-minded traveler contributors hook you up by suggesting the best way to hit multiple destinations on your trip and how to create Ideal Days by telling you which must-do’s work perfectly together. The end result is a fully personalized travel guide that can be accessed from almost any device – even offline.

For more information about the Preccelerator Program, contact Heidi Hubbeling at 310-746-9803 or hhubbeling@stubbsalderton.com

SAM Preccelerator Program Company Swggr, Inc. Announces Their Launch in App Store




SAM Preccelerator Program Company Swggr, Inc. has announced their launch into the App Store.  Swggr is the fashion love child of Instagram and Pinterest where users style themselves and others while being rewarded.

Users host a virtual online closet “collection” where they can instantly style and share looks for themselves, friends and followers. Users rack up reward points that are redeemable for discounts from their favorite brands and retailers, exclusive merchandise, and special access to fashion tastemakers.

For more information and to download the app, visit swggr.net

For more information about the Preccelerator Program, contact Heidi Hubbeling at (310) 746-9803 or hhubbeling@stubbsalderton.com.

SAM Preccelerator Company GoGet! Announces Launch Into App Store




SAM Preccelerator Program company GoGet! has announced their launch into the App Store.  GoGet! is an App and Marketplace that helps Store Owners and Consumer Users make money by obtaining a marketing commitment from the Store Owner and giving money in small increments to loyal and new customers in exchange for sharing information.

To learn more and to download the app, visit www.goget.la 

For more information about our Preccelerator Program, contact Heidi Hubbeling at (310) 746-9803 or hhubbeling@stubbsalderton.com.

SAM Encourages You to Attend – Startup Grind LA March 10th Event with Cody Simms of TechStars

Startup Grind Home Pic


Where: General Assembly – 2nd Street, Santa Monica

When:  Tuesday, March 10th from 6:30-9:30pm



Cody Simms, Managing Director, Techstars

Cody has been operating at the intersection of technology and media since the late 1990s when his first employer Snap.com merged into NBC Internet. He is particularly interested in the ever-changing ways that our increasingly networked and connected society, creates, distributes and consumes information.

Cody is presently Managing Director for Techstars in Los Angeles where he is working along with The Walt Disney Company to deliver Disney Accelerator, a mentorship-driven investment program for technology-enabled media and entertainment startups. (Learn more at http://disneyaccelerator.com.) Previously, Cody was Chief Product Officer at StumbleUpon where he led a team responsible for product development activities across all consumer platforms (mobile, tablet, web), publisher products, and StumbleUpon’s pioneering and profitable native advertising platform, Paid Discovery.

Prior to StumbleUpon, Cody served as Vice President of Product at Yahoo! with global responsibility for entertainment products including Yahoo! Movies, omg!, Shine, Yahoo! Music, Yahoo! TV, and Yahoo! Games, spanning 30+ global markets and encompassing approximately $200M in revenue. In preceding roles at Yahoo, Cody led many of Yahoo!’s social and developer platform initiatives including the Yahoo! Developer Network.

Earlier in his career, Cody worked in product management capacticies at The New York Times, Sprint and NBC Internet. He has developed courses and taught in adjunct capacity at the University of Southern California’s Annenberg School for Communication and Journalism. He holds an MA in Transnational Communications and Global Media from Goldsmiths College, University of London, and is a Phi Beta Kappa and Summa Cum laude graduate of the University of Kansas with a BA in history and East Asian languages and a focus on Mandarin Chinese. When he’s not working or with his family, Cody can often be found in the Pacific Ocean trying to make his Kansas heritage proud by attempting to catch some waves.

AGENDA 6:30 Networking and Food
7:30 Fireside Chat
8:30 Networking



Joe Famalette, Chapter Director

Joe Famalette has immersed himself into the entrepreneurial world from a young age.  Joe is the founder and CEO of OneMusicPortal, a music platform designed to help emerging artists be discovered.  Joe’s team consists of software engineers working at Microsoft and Success Factors, marketing ambassadors from around the country and a number of talented in-house musicians.  Joe and his team currently create and execute marketing strategies for a number of musicians ranging from Michael Jordan’s violinist to emerging hip hop artists and electronic dance music DJ’s.  Driven and determined, Joe fought through the challenges that every new business leader faces when they set out to change the world.  His journey led him to re-launch Startup Grind’s Minneapolis chapter where he operated as the Director from March 2014 to August 2014.  Now, Joe looks forward to bringing Startup Grind back to Los Angeles and it’s booming community of entrepreneurs.

Email: joe@startupgrind.com | Twitter: @JoeFamalette


Google for EntrepreneursGoogle is committed to empowering entrepreneurs around the world through programs, partnerships, and our products.


2Sense Studios

2Sense is a video production agency that creates compelling and informative videos for brands that are looking to improve and strengthen identities and relationships between customers and fans. We especially love working with Startups. Please visit website to view examples.

General Assembly

General Assembly transforms thinkers intro creators through education and opportunities in technology, business and design.

Stubbs Alderton & Markiles, LLP

Stubbs Alderton & Markiles, LLP is a business law firm with robust corporate, public securities, mergers and acquisitions, entertainment, intellectual property, brand protection and business litigation practices.

SAM to Sponsor Pepperdine Graziadio School of Business and Management Business Plan Competition


Pepperdine Graziadio


Stubbs Alderton & Markiles, LLP is a proud sponsor of this year’s Business Plan Competition at Pepperdine’s Graziadio School of Business and Management on .  Student teams of entrepreneurs face off for a chance to win cash prizes totaling $7,000: a $4,000 grand prize, a $2,000 second-place prize and a $1,000 third-place prize. The first-place winners will have the chance to represent Pepperdine in the California Dreamin’ Competition. A distinguished panel of entrepreneurs, advisors and venture capitalists will judge the competition and provide invaluable feedback and networking opportunities to the teams.

The business plan competition reflects the Graziadio School hallmarks of experience-driven and entrepreneurial education – giving students a chance to apply the knowledge they’ve learned to fulfill their dreams of launching their own business. Students from all schools of Pepperdine are invited to compete.

For more information, visit http://bschool.pepperdine.edu/events/business-plan/

SAM Preccelerator Program Presents: “How to Build a Winning Startup Team” – February 19

Join Stubbs Alderton & Markiles, LLP for this exclusive event!


“How To Build a Winning Startup Team”

Your team is one of the keys to your success, but how do you choose the right one?  How do you find the right people? How do you know if they’re compatible with your style? How do you create a company culture that reflects your values? How do you motivate the team? Hear from our panel which includes: an experienced executive search recruiter, a venture investor, a successful CEO, and a corporate attorney on their experience building entrepreneurial teams.

Thursday, February 19, 2015
**Food, Drinks & Networking Included!**


John Tabis, CEO & Founder -The Bouqs

John is passionate about disruptive businesses, cool brands, and showing love to the important people in his life. The Bouqs Company is a combination of those things, and he is thrilled to bring it to you and yours.

Prior to Founding The Bouqs, John worked in strategy consulting at Bain & Company, followed by marketing strategy for brands including Disney, ESPN, ABC, Marvel, ShoeDazzle and Gerber Baby. John received his BS in Finance from the University of Notre Dame and his MBA from UCLA Anderson.

Mark Landay, Managing Director – Dynamic Synergy

Mark is Managing Director of Dynamic Synergy, a premier retained executive recruitment firm. In business for over two decade and Dun & Bradstreet rated, Dynamic Synergy provides start up and growth companies with retained executive recruitment.  Approximately 33% of the companies Mark has consulted to have had positive exits!  Prior to executive search, Mr. Landay worked in private equity and has been recognized as an industry expert in both technology & executive search.  Mark is the President of LA CEOs, a founding mentor for the Founders Institute, Chairman of SoCal Tech Group, and the Chairman Emeritus of the Harvard Business School Angels of Southern California.

Ryan Azlein, Partner – Stubbs Alderton & Markiles, LLP

Ryan Azlein is a Partner with the Firm, and serves as Director of the Firm’s Preccelerator Program.  Ryan advises a wide range of both private and public clients, focusing on emerging growth, development stage and middle-market companies as well as the venture capital firms, angel investors and strategic investors that invest in these types of companies. Ryan’s practice concentrates on venture capital and corporate finance, mergers and acquisitions, equity and executive compensation matters, intellectual property development and licensing arrangements, SEC reporting and disclosure, public and private securities offerings, complex partnering arrangements, and general corporate matters.


Stubbs Alderton & Markiles, LLP
1453 3rd Street Promenade, Suite 300
Santa Monica, CA 90401

Parking4th Street/Broadway ramp or in the Santa Monica Place Mall


We hope to see you there!