Category Archives: Press

Stubbs Alderton & Markiles’ Partner Greg Akselrud to Speak at Digital Hollywood – Fall 2016

Greg_Akselrud
SAM Partner Greg Akselrud, Chair of the Internet, Digital Media & Entertainment practice,  will speak at Digital Hollywood – Fall 2016 on a panel entitled “Investment, Financing & Packaging Projects: Unique Content – Unique Technology”  this Thursday, October 20th at 2:15pm in Skirball Center’s Herscher Hall, 3rd Floor, Room 305.

Other panelists include:

Diane McGrath, Managing Director Media and Technology, Streicher, J Streicher Capital

Monica Dodi, Managing Director, Women’s Venture Capital Fund

Josh Stein, Special Counsel, MG+

Michael Terpin, CEO, Transform Group

Joey Tamer, President, S.O.S. Inc., Moderator

To view the full announcement, click here.

To learn more about our Internet, Digital Media & Entertainment practice, contact Greg Akselrud at gakselrud@stubbsalderton.com or (818) 444-4503.

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AOP Ventures, Inc. Prevails Against Defendants One Hit Wonder, Inc., Steam Distribution, LLC, Steam Wholesale and Anthony Tellez III for Trademark Infringement of its the Milkman Mark

dclogoStubbs Alderton & Markiles, LLP (SAM) announced today that its client, AOP Ventures, Inc. (AOP), a leading provider of electronic cigarette liquid, prevailed in its motion for summary judgment filed in the United States District Court for the Central District Of California against defendants Steam Distribution, LLC; One Hit Wonder, Inc., Havz, LLC d/b/a Steam Wholesale, and Anthony Tellez III.

At issue in the case was whether the Defendants had acquired sufficient common law rights to their mark MILK MAN based on local sales by Tellez in Whittier, California, sufficient to gain priority over AOP, who launched its popular THE MILKMAN e-liquid nationwide in January 2015.

In her order granting summary judgment to AOP on its claims for trademark infringement, false designation of origin, and unfair competition, the Hon. Virginia A. Phillips, Chief United States District Judge, permanently enjoined Defendants from distributing e-liquid under their infringing MILK MAN mark, ordered the cancellation of Defendants’ California state trademark registration for MILK MAN for e-liquid, and awarded AOP $6,487,861.00 in damages. In so holding, the Court stated:

The Court enjoins Defendants, their officers, agents, servants, employees, attorneys, parents, subsidiaries and related companies, and all persons acting for, with, by, through or under them [“Defendants’ Affiliates”] having notice of this Order by personal service, electronic mail, or otherwise, and each of them, from marketing, advertising, distributing, offering to sell, or selling any product, packaging, or any other item that was named or labeled with the marks MILK MAN, MILKMAN, THE MILK MAN, or THE MILKMAN, or otherwise using said marks in commerce.  The Court orders Defendant’s California MILK MAN trademark cancelled and awards Plaintiff damages in the amount of $6,487,861.00.

Although Defendants had filed counterclaims against AOP and claimed priority based on Tellez’s local sales, the Court rejected Defendants’ arguments and dismissed Defendants’ counterclaims with prejudice.  In doing so, the Court held that Tellez’s sale of eight bottles of e-liquid to two local vape shops were token use, de minimis, and insufficiently public to create trademark rights at common law.  In addition, the Court found that six of the eight Sleekcraft factors for a likelihood of confusion supported a finding of infringement by Defendants.  Most notably, the Court found that the marks MILK MAN and THE MILKMAN were legally identical, and that the goods being sold by direct competitors were legally identical.  Finally, the Court found that Tellez’s sales were unlawful, because the bottles of e-liquid contained nicotine, but did not provide a public warning.  Nicotine is a controlled substance that the State of California has listed as triggering a Proposition 65 warning since 1990.  Because the sales were unlawful, Tellez’s sales could not create trademark rights.

“We are pleased with the Court’s decision, which has vindicated our long-standing position that One Hit Wonder, Inc., Steam Distribution, LLC and Steam Wholesale infringed our well-known THE MILKMAN mark in order to profit from the goodwill we have built up in the mark since its launch in 2015,” states AOP’s CEO, Mike Zhang.  “Aggressively enforcing our trademarks is critical to ensuring that our customers receive the exceptional quality they have come to expect from AOP and our brands. As a global consumer products company that sells to customers across North and South America, Europe, the Middle East, and Asia, AOP is committed to protecting and preserving its rights to its trademarks worldwide.”

“The issues decided in this case are critical to any business relying on common law rights in the absence of a federal trademark registration,” stated AOP’s attorney, Konrad Gatien.  “Not only in the e-liquid space, but also in the growing market for medical marijuana, because that market is regulated from state to state and the United States Patent and Trademark Office is not granting federal registrations for marks used in connection with those goods.”

About AOP Ventures, Inc.

California-based AOP Ventures, Inc. does business as THE DRIP CLUB, and is the creator of THE MILKMAN brand of e-liquid as well as its popular ANML VAPORS, ANML UNLEASHED, and MODUS VAPORS brands of e-liquid. The Drip Club aims to significantly reduce the six million preventable deaths that take place each year around the world due to tobacco and cigarette-related illnesses. AOP is a leader in sales of e-liquid worldwide. The company is led by serial entrepreneur Mike Zhang, and has a diverse and experienced management team comprised of senior managers who have held roles at Goldman Sachs & Co., Facebook, U.S. Bank, and PricewaterhouseCoopers. For more information about AOP and its brands, visit http://www.thedripclub.com/.

About Stubbs Alderton & Markiles, LLP

Stubbs Alderton & Markiles, LLP (SAM) is a California law firm with robust intellectual property, litigation, corporate, public securities, mergers and acquisitions, and entertainment practice groups.  SAM focuses on the representation of emerging growth companies, middle market public companies, large technology companies, celebrities and entertainment companies. SAM’s mission is to provide technically excellent legal services and outstanding results in a highly-responsive, service-oriented, and cost-effective manner. These principles are the hallmarks of our firm.  For more information about SAM and its attorneys, visit https://stubbsalderton.com/

Media Contact:

Heidi Hubbeling
Director of Marketing
Stubbs Alderton & Markiles, LLP
(310) 746-9803
hhubbeling@stubbsalderton.com

 

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Preccelerator Program Company Voter Featured in New York Times Article

voter

 

This week Preccelerator Program company Voter was featured in a New York Times article entitled, “Answering the Call of the Election Season.”

 

To view the full article click here.

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

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SAM Attorney Louis Wharton Represents Michelle Gaster Wasserman in Employment Deal with Adam Lippes

 

michelle-gaster-wassermanSAM Client Michelle Gaster Wasserman, who most recently led the North America e-commerce business for Coach, Inc. has been named the new CEO for Adam Lippes.  SAM Partner Louis Wharton represented Gaster Wasserman in negotiating the employment deal.

To read the full press release, click here.

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Preccelerator® Program Company Napkin Finance Featured in Forbes Article

 

Congratulations to Preccelerator® Program company Napkin Finance for being featured in Forbes this week, discussing the evolution of the idea for Napkin Finance and what the future holds for the company.

To view the full article, click here.

Credit: Napkin Finance

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Stubbs Alderton & Markiles, LLP Represents Client Resonant, Inc. in Closing $11.5 Million Public Offering of Its Common Stock

Resonant Logo

Stubbs Alderton & Markiles, LLP announced that it reprsented its client Resonant Inc. (NASDAQ: RESN), a designer of filters for radio frequency, or RF, front-ends that specializes in delivering designs for difficult bands and complex requirements, in the closing of an underwritten public offering for 2,715,000 shares of its common stock, which includes the exercise in full by the underwriters of their over-allotment option, at a per share price to the public of $4.25. The Company will receive gross proceeds of approximately $11.5 million from the offering.

Stubbs Alderton & Markiles’ attorneys that represented Resonant in the transaction were John McIlvery and Jonathan Friedman.

To read the full press release on Businesswire, click here.

About Resonant® Inc.

Resonant is creating innovative filter designs for the RF front-end, or RFFE, for the mobile device industry. The RFFE is the circuitry in a mobile device responsible for the radio frequency signal processing and is located between the device’s antenna and its digital baseband. Filters are a critical component of the RFFE that selects the desired radio frequency signals and rejects unwanted signals and noise.

About Resonant’s ISN® Technology

Resonant can create designs for hard bands and complex requirements that we believe have the potential to be manufactured for half the cost and developed in half the time of traditional approaches. The Company’s large suite of proprietary mathematical methods, software design tools and network synthesis techniques enable it to explore a much bigger set of possible solutions and quickly derive the better ones. These improved filters still use existing manufacturing methods (i.e. SAW) and can perform as well as those using higher cost methods (i.e. BAW). While most of the industry designs surface acoustic wave filters using a coupling-of-modes model, Resonant uses circuit models and physical models. Circuit models are computationally much faster, and physical models are highly accurate models based entirely on fundamental material properties and dimensions. Resonant’s method delivers excellent predictability, enabling achievement of the desired product performance in roughly half as many turns through the fab. In addition, because Resonant’s models are fundamental, integration with its foundry and fab customers is eased because its models speak the “fab language” of basic material properties and dimensions.

About 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 practice groups focusing on the representation of, among others, 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. Our 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 our Firm.

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For more information about the Public Securities practice at Stubbs Alderton & Markiles, LLP contact John McIlvery at (818) 444-4500 or jmcilvery@stubbsalderton.com

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Preccelerator Program Company Verde Circle Partners with Intuit

Verde Circle webpage

Congratulations to Preccelerator Program company Verde Circle for the launch of their software SyncTwixt in the Intuit App store!  SyncTwixt is a suite of business data sync tools that make syncing invoices, managing a company’s cash flow, products, returns, and syncing inventory data to 3rd parties much easier! Integrations with ShipStation, QuickBooks Online, and more.

We are very proud of your successes!

To learn more about Verde Circle, visit:  http://verdecircle.com/

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

 

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SAM Preccelerator® Program Company Voter Featured in Wired Magazine and Sirius XM radio.

voter

Congratulations to SAM Preccelerator® Program’s company Voter for being picked as the #1 app to help get you through the presidential election by Wired Magazine. Voter’s CEO, Hunter Scarborough, also gave an interview on Sirus XM POTUS radio this week with Michael Steele and Ruck Ungar about this amazing new app. Voter is matchmaking for politics.  Voter analyzes exorbitant amounts of data, including public stances, voting records, speeches, and more. All you have to do is answer a few simple questions about your political opinions. Swipe through issues quickly. Need more info about a question? Tap the card to get more information, including bullet points for and against. Voter displays your match score as a percentage, describing how closely your views align with each candidate. On Election Day Voter shows you where to vote, when to be there, and what to bring.

To read Wired Magazine’s full article click here [https://www.wired.com/2016/09/6-apps-get-presidential-election/ ] .

To listen the Sirus XM POTUS interview with Voter click here. [ https://soundcloud.com/hunter-james-718166662/hunter-scarborough-on-steele-ungar-sirius-xm ]

To learn more about Voter download the app for your iphone or android.

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

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Stubbs Alderton & Markiles, LLP Announces Launch of SAM Legal Triage™

SAM High Res Logo 1SAM believes every business venture should have a solid legal foundation. To that end, SAM has partnered with Traklight to help identify your company’s strengths and weaknesses and to provide a road map for investment readiness, future growth and execution of exit strategies. Stubbs Alderton has implemented SAM Legal Triage™, an in-depth questionnaire that will enable entrepreneurs to understand the elements needed to achieve success whether their business venture is high-tech, brick and mortar, B2B, SaaS or mom and pop.

For more information and to take the FREE 10-minute questionnaire, visit www.stubbsalderton.com/sam-legal-triage.

About Traklight

Traklight is the only self-guided software platform that creates your custom intellectual property strategy. By empowering small businesses, entrepreneurs, and inventors to identify their intellectual property (IP), Traklight enables them to protect and leverage their ideas, and to become more educated about the strategies, costs, and implications of their IP.

About 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 practice groups focusing on the representation of, among others, 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. Our 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 our Firm.

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Preccelerator Program Company Voter Hits Up Media Row at the Republican National Convention

voterSAM Preccelerator Program company Voter, (Newsweek’s named #1 Up and Coming App for 2016) made a huge debut at the Republican and Democratic Conventions and Freedom Fest this year to promote their app, available both on iOS and Android.

What is Voter? VBreitbartoter is matchmaking for politics.   Voter analyzes exorbitant amounts of data, including public stances, voting records, speeches, and more. All you have to do is answer a few simple questions about your political opinions. Swipe through issues quickly. Need more info about a question? Tap the card to get more information, including bullet points for and against. Voter displays your match Hunter-Scarborough-Politicon-MoKelly-2-580x423score as a percentage, describing how closely your views align with each candidate. On Election Day Voter shows you where to vote, when to be there, and what to bring.

Voter will currently match you to the 2016 presidential hopefuls, candidates for governor, candidates for senate, and candidates for congress, there are plans to grow into local elections, including City Council and School Board seats.Hunter-Scarborough-with-Chris-Matthews-RNC-2-740x410

Through attending the Republican National Convention and making rounds in Media Row, Voter has received additional exposure from BBC, Breitbart, and founder Hunter Scarborough’s own alma mater, Chapman University.

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To view the articles, click below.

 

To learn more about Voter, visit www.voter.xyz.  For more information about the Preccelerator Program, contact Heidi Hubbeling at hhubbeling@stubbsalderton.com or (310) 746-9803.

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