Stubbs Alderton & Markiles, LLP, alongside Your Office Agent, The Santa Monica Chamber of Commerce, Docstoc, Media leader, Azure Software, Metropole Capital, Insperity, Infusionsoft and Startup Workshops, bring you this year’s Pay it Forward for Business event entitled, “Incubate, Accelerate and Pay it Forward.”

Event Details:

Monday, July 1, 2013 6:00pm-9:00pm
Satellite Santa Monica
3110 Main Street
Santa Monica, CA 90405

The free “Pay it Forward for Business” events are always based on the strong Santa Monica culture of helping one another in becoming established in their endeavors.  Thought leaders in every area of business competence from funding to marketing and everything in-between are joining forces for this year’s event.

This year they have over $15,000 worth of prizes and free advice to help you grow your business surrounded by the brightest and best in Santa Monica. We at Stubbs, Alderton & Markiles, LLP are offering a prize package that includes a full startup company set-up package worth $10,000.  Applications can be picked up at our booth at the event.  Need not be present to win.

The event is supported by Santa Monica New Tech, Santa Monica Chamber, LAX Chamber and the Swedish Chamber and hosted by the team at Your office Agent with the assistance of our partners at Satellite and all the coworking spaces in Santa Monica.

Register now for the Stubbs Alderton & Markiles, LLP July 25th Silicon Beach networking mixer and fundraiser for the Exceptional Children’s Foundation.

TICKETS ARE LIMITED. SAVE YOUR SPOT TODAY.

CLICK HERE TO RSVP

Join other elite entrepreneurs and business leaders for an opportunity to network, share ideas and support one of LA’s most important nonprofit organizations -
The Exceptional Children’s Foundation

Thursday, July 25, 2013

5:30pm – 8:00pm

Stubbs Alderton & Markiles, LLP
1453 3rd Street Promenade, Suite 310
Santa Monica, CA 90401

Tickets are only $75 if you register before July 1st

$100 per person after July 1st

Proceeds go to the Exceptional Children’s Foundation — A Los Angeles-based nonprofit that delivers programs and services to children and adults with special needs. A portion of the cost of your ticket is tax deductible.

REGISTER FOR THE JULY 25th NETWORKING EVENT

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About Exceptional Children’s Foundation

The Exceptional Children’s Foundation (ECF) provides the highest quality services for children and adults who are challenged with developmental, learning, and emotional disabilities—empowering them to reach their greatest potential. Each year, ECF provides approximately 2,600 clients and their families with a wide range of services through 15 sites in Los Angeles County. ECF is the only organization of its kind in California to provide a lifespan of services for children and adults with developmental disabilities.

]]> http://stubbsalderton.com/2013/06/sam-cohosting-emerging-leaders-networking-event-with-exceptional-childrens-foundation-july-25-2013/feed/ 0 http://stubbsalderton.com/2013/06/stubbs-alderton-markiles-to-be-a-sponsor-of-silicon-beach-fest-2013/ http://stubbsalderton.com/2013/06/stubbs-alderton-markiles-to-be-a-sponsor-of-silicon-beach-fest-2013/#comments Fri, 14 Jun 2013 18:27:52 +0000 heidi http://stubbsalderton.com/?p=3609 Continue reading →]]>

Stubbs Alderton & Markiles, LLP has announced that it will be a bronze level sponsor of Silicon Beach Fest 2013.  Silicon Beach Fest is LA’s original and largest startup tech entertainment festival, celebrating the burgeoning tech scene in Los Angeles. Silicon Beach uniquely features startup and Hollywood entertainment speakers at panels, parties, hackathon, demo day, startup showcase, and more events, June 19-22, 2013 in Los Angeles.

For more information and to register for the events, visit:  http://www.siliconbeachfest.com

ideas2apps:  How to Build an App Business

Produced by:

iworkdigital.com LLC

Co-Hosted by:

Konrad’s practice includes all aspects of brand creation, promotion and protection, assisting clients in the selection and adoption of brand names, securing copyrights and trademarks worldwide, and running specialized global enforcement programs.  For more information about our Brand Development & Content Protection Practice, please contact Konrad at kgatien@stubbsalderton.com or 310.746.9810.

SAM client Undead Labs has announced the release of “State of Decay” onto Xbox Live.  This long awaited release of the zombie apocolypse themed game, which features complex simulations and resource management has created quite a buzz among gamers.  For more information about the game, visit State of Decay.

For more information about our Interactive Entertainment & Video Game Practice, contact Steve Goldstein at 818.444.4510 or sgoldstein@stubbsalderton.com.

Anthony Keats, co-chair of the Brand Development & Content Protection Practice,  discusses the right of publicity – the right that every person has to control the commercial use of his or her identity.  

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Most people don’t know that they have a right of publicity.  In fact, most people don’t even know what a right of publicity is.  In simple terms, it’s the right that every person has to control the commercial use of his or her identity.

Members of the arts and entertainment community are more familiar with the right of publicity since they are compensated in part because of the commercial appeal of their identity – whether in film, music, graphic arts, or the written word.  But of increasing interest is the question of whether John or Jane Q. Citizen has the same right of publicity?  Again, the simple answer is, yes, they do.  In the expanding cyber world of available personal depictions and information, netizens should be increasingly aware of protecting their fellow netizens’ right of publicity, as well as other rights afforded by the law.

The right of publicity grew out of the body of law developed to protect the individual’s rights of privacy.  These included such rights as protection against disclosure of private matters not known to the public; putting someone in a false light; intruding into a person’s personal physical privacy, and appropriating one’s name or likeness.

What does a right of publicity do?  It protects you from the unauthorized commercial use of your identity.  That could be your name, your physical presence in a photograph or other graphic representation, your signature, or even the sound of your voice.  And, importantly, your right of publicity doesn’t necessarily stop when you do.  Rights of publicity protect both living individuals as well as those who are deceased.  Rights of publicity are typically protected by common law or state statutes; and, while there is there is no federal statute specifically protecting such a right, a similar claim is often asserted through federal trademark (Lanham Act) or federal copyright claims.  To date, thirty-one states have right of publicity protection by common law or statute; but only twenty states have laws that protect the individual once they are dead.

Right of publicity laws attempt to answer these basic questions:  Why should we allow someone else to profit financially from the use of our personal identification such as a picture or a name without our authorization?  Shouldn’t an individual be able to decide how and when such commercial exploitation should take place?  What gives a social media site that charges advertisers and generates financial revenue the right to publish a person’s picture, name or signature, or the sound of their voice without express permission from that individual?  When a friend posts your picture on an Internet site without your knowledge, and the posting is framed by commercial advertising, is a “commercial use being made of your identity”?

Some may argue that the Internet is the bastion of free expression guaranteed by the First Amendment and, therefore, legal restrictions of the past should not apply to this revolutionary medium.  But is an unauthorized commercial exploitation of your likeness really acceptable even on the byways of the Internet?  And does it make a difference if you are alive or dead when that commercial use of your identity occurs?  Should it make a difference if you are famous or not; or does it make a difference that the publication of your identity or likeness was part of some artistic or creative work or incorporated in a news story about a real event?  In asking these questions, it becomes clear that there is a genuine need for serious consideration of how far we can go in allowing the unauthorized commercial exploitation of our personas in today’s society.

Since 1907, when the first state law barring appropriation of likeness was enunciated, it was the famous who typically sought to enforce these new laws.  One such celebrity of the times was the inventor Thomas Edison, who took action when he enjoined a company from using his name or likeness to promote a product.  Edison v. Edison Polyform Mfg. Co., 67 A.392, 394 (N.J. Ch. 1907).  It wasn’t until much later that the Second Circuit Court of Appeals first coined the term “right of publicity” in a case involving Topps Chewing Gum.  Haelan Laboratories, Inc. v. ToppsChewingGum, Inc., 202 F.2d 866 (2nd Cir. 1953)

California enacted its first right of publicity law in 1971.  In this state too it tended to be the famous who sought to enforce it.  When in the 1990’s famed astronomer and author Karl Sagan learned that Apple, Inc. had given the working title of a new product project “Sagan,” he brought litigation against the company based on a violation of his right of publicity.  What was interesting about this case is that it raised the issue as to whether Apple’s internal use of the term “Sagan” constituted a “commercial” use of Dr. Sagan’s identity.  Ostensibly, Apple at one time gave all its internal projects names that were suggested by employees.  It is rumored that when Apple stopped using the term “Sagan” as a result of the lawsuit, the next recommendation was to dub the same project, “Butt-Head Astronomer”.

Other well-known cases have involved living celebrities such as the Bette Midler “sound-alike” case against Ford Motor Company and its advertising agency; game-show-host Vanna White’s case against Samsung; singer Tom Waite’s case against Frito-Lay; and the Winter Brothers’ case against DC Comics.  More recently, Rutgers University’s star quarterback, Randy Hart, brought a right of publicity action against Electronic Arts involving the use of an avatar based on him in its NCAA Football video games from 2004 to 2006.  In that case, the 3^rd Circuit Court of Appeals using the “transformative test” often employed in copyright cases to balance rights of publicity against First Amendment rights found that Electronic Arts had not made a transformative use of Hart’s identity in its games, and reversed a lower court’s decision in the company’s favor.  Ryan Hart v. Electronic Arts, Inc., No. 11-3750 (3^rd Cir. 2013).

In a closely watched case, Fraley v. Facebook, 830 F. Supp.2d 785 (N.D. Cal. 2011), a plaintiff class of ordinary Facebook users brought right of publicity claims against Facebook for the commercial exploitation of users’ likenesses in connection with a food advertiser’s promotional campaign, or what have been termed, “Sponsored Stories.”  Facebook’s attempt to have the claims dismissed failed and the case later settled.  However, in the published opinion Judge Koh stated:  “While traditionally, advertisers had little incentive to exploit a non-celebrity’s likeness because such endorsement would carry little weight in the economy at large, advertisers’ ability to conduct targeted marketing has now made friend endorsements ‘a valuable marketing tool,’ just as celebrity endorsements have always been so considered.” Id. at 787.  So, here is a turning point where it is recognized that not only celebrities have a vested interest in the careful monitoring of the use of their name and likeness, we do too.

We are all familiar with the commercial exploitation that takes place with respect to revered dead personalities in society.  As noted earlier, “post-mortem” rights under the laws of twenty states also belong to the departed.  California, Indiana, and Tennessee have some of the strongest statutes protecting a deceased person’s right of publicity.  Indeed, Cal. Civ. Code 3344.1 provides post-mortem protection for 70 years after the passing of a personality.  The statute requires that the personality was domiciled in California at the time of his or her death, and that descendants registered their interests with the California Secretary of State.  With regard to those who were well-known in life, Forbes’ top deceased personalities rated by the magnitude of revenue the estates generate from exploiting their personae include Michael Jackson, Elvis Presley, Albert Einstein, Marilyn Monroe, Bob Marley, Elizabeth Taylor, Steve McQueen, John Lennon and George Harrison, among others.  State laws currently in effect suggest that society has determined that the heirs to these famous personalities deserve to be protected against the unauthorized exploitation of these individuals for financial gain.

The question is:  Shouldn’t all of us be respectful of each individual’s choice of whether or not to exploit one’s likeness or identity?

It is becoming more and more clear that the answer will continue to be a definitive yes.  Those developing content for the Internet as well purveyors of social media are wise to keep in mind that, whether it be a famous personality or the kid next door, the unauthorized commercial use of a person’s likeness or other identification will not easily find shelter behind the First Amendment, and there is a growing trend that use without authorization of any individual, celebrity or not, may result in liability.

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For more information about rights of publicity or similar inquiries, please contact Anthony Keats at akeats@stubbsalderton.com or (310) 746-9802.

Selling to domestic buyers, who export your product

Selling to domestic buyers who export your product offers a simple way to sell into Canada, since the domestic purchaser handles all aspects of export administration and assumes all risk associated with exporting.  Examples of domestic buyers that purchase for export include parties who represent Canadian customers, such as Canadian government agencies, distributers or retailers.  Another class of buyers includes intermediaries, such as export management companies, who are responsible for finding Canadian purchasers for your products.  Better export management companies specialize by product or by market, and because of their specialization and existing networks, can significantly reduce the time and resources required to enter a new territory like Canada.

Direct Exporting

Accessing the Canadian market directly provides a number of significant benefits for a company, including enhanced control over the export process, the ability to gain valuable insight into foreign customers and competition and potentially higher profit margins.  Direct exporting, however, can be much more labor and capital intensive as foreign representatives need to be identified, and working relationships established.

One method of direct exporting is entering into an arrangement with a Canadian sales representative, who then locates and introduces your company to potential customers.  As an alternative, direct exporting can be achieved by locating foreign distributors who purchase your products (usually at a discount to wholesale prices) and then resell your products to retailers or dealers in the territory.  If your company has sufficient resources, it may attempt to locate and sell directly to retailers or to the ultimate end consumer in Canada.

Legal Challenges

In the event your company uses intermediaries to achieve its export objectives, careful thought will be required in the selection of your partners and your agreements with any such party.  For example, will your agreement with such party be exclusive in Canada or in certain channels of distribution?  If the arrangement is exclusive, thought has to be given to the circumstances under which the arrangement will become non-exclusive—for instance if the party fails to fulfill certain sales requirements over a specified period of time.

When entering into a business relationship with an intermediary, it is also important to think about safeguarding the reputation of your brands.  At a minimum, your agreement with a third party representative should include pre-approval rights with respect to marketing strategies and advertising campaigns.  To enhance the reputation of your brands in Canada, you may also negotiate that your third party representative incurs minimum marketing expenditures on your behalf to promote your products.

A well structured relationship should also address the resources you expect the third party to provide during the term of your agreement.  For instance, how many people will be devoted to the sale of your products in Canada and will the efforts of a particular person in the organization be required?  Also, will the third party be required to provide customer support on your behalf, and if so, to what extent?

Perhaps most importantly, it is essential to provide escape clauses in your agreement to enable you to terminate the relationship in the event it does not develop as expected.  For example, you may want to limit the term of the agreement to a period of one year, which agreement will automatically renew for an additional specified period unless either party gives notice.  This will allow you to evaluate the performance of the third party without getting locked into a long term commitment.  Your contract should also specify the circumstances under which you can terminate for non-performance or for breach.

When entering into a relationship with a third party representative, thought also has to be given to your needs upon the termination of the relationship.  For instance, will a distributor have the right to continue to sell products in Canada to deplete their existing inventory or alternatively, will you have the right to repurchase unsold inventory?  The agreement should also mandate the return of confidential information and other property following its expiration or termination.

Although exporting may seem daunting and fraught with risk, it is possible to export to Canada with minimal resources and capitalize on new growth opportunities for your products.  The key lies in carefully selecting third party representatives for your brands and relying on your advisors to help you properly structure your commercial arrangement with such third parties.

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For more information regarding cross border transactions and similar inquiries, please contact Jonathan Friedman, attorney with Stubbs Alderton & Markiles, LLP (jfriedman@stubbsalderton.com) . Jonathan’s practice focuses on venture capital and corporate finance, intellectual property licensing, mergers and acquisitions, securities law and general corporate and business matters.  Jonathan, a Canadian citizen, also specializes in Canadian/United States cross border transactions and sits on the board of the Canadian California Business Council.  Jonathan received his Bachelor of Applied Science in Mechanical Engineering in 1998, his M.B.A. in 2002, and his J.D. in 2002, all from the University of Toronto.

                

June 20, 2013

5:30pm-7:30pm

**Networking to follow!**

Featuring

      

 John Tabis, Founder and CEO of The Bouqs Company

John Tabis is Founder & CEO of The Bouqs Company.  Prior to Founding TheBouqs.com, John worked in strategy consulting at Bain & Company and in marketing strategy for brands including Disney, ESPN, ABC, Marvel, ShoeDazzle and Gerber Baby. John graduated Summa Cum Laude with a BS in Finance from the University of Notre Dame and received his MBA with Honors from UCLA Anderson, where he studied on Fellowship. He lives in Venice, CA with his wife, son and pup Billie Jean.  He would like you to send your loved ones flowers.  Right.  Now.

  Sponsored by

 Stubbs Alderton & Markiles, LLP

1453 3rd Street Promenade, Suite 310

Santa Monica, CA 90401

Parking

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

We hope to see you there!

SAM Partner Louis Wharton will be a featured panelist on the May 30th Mobile LAVA presentation, “Start Your ‘Mobile’ Startup.”  Other panelists include:  Hank Leber, Co-founder & CEO, GonnaBe, Matt Sandler, Co-founder & CEO, Chromatik, TX Zhou, Managing Partner, Karlin Ventures, Mark G. Sogomian, Ernst & Young, and moderator Lori Kozlowski, columnist for Forbes.

They will examine some of the practical, nuts-and-bolts components of building a new business in the mobile and online spaces. Entrepreneurs are naturally infused with passion, ideas, and a desire to attract people to their passion and ideas. Often, however, the practical realities of starting a business can get lost in the midst of an entrepreneur’s enthusiasm, and easily avoidable mistakes can result in huge headaches down the road, or worse — business failure.

In order to provide practical advice and context, the panel will share with us some fundamental components for starting a startup, including:

1. Team:  What makes the right start-up team?
2. Partner:  What should you look for in a business partner?
3. Legal:  How do you set up the legal framework for an organization that mitigates future conflicts?
4. Docs:  What are the basic core documents required to get a start-up going?
5. Financial:  How do you ensure financial sanity and what kinds of financial people are necessary – controller, CFO, accountant?
6. HR:  What are the essential human resource issues that need to be considered?
7. CTO:  When it comes to the mobile space, specifically – what do you need in a CTO? What do you need to look for in the engineers/programmers you hire?
8. Staffing:  What are the practical costs of bringing people aboard early on? For instance, is everyone working for little to no pay? How do you gain enough capital to pay people in the early stages?
9. Startup Issues:  For mobile startups, what are some of the crucial things to know, especially in a space so rapidly growing and constantly changing?
10. Mobile Challenges:  Are the challenges that mobile start-ups face different from those not focused on mobile? If so, what are the pitfalls and how can you avoid them?

To Register, click here.