CONTRACTS

 

A2235-1-K: CONTRACT AND DRAFTING NEGOTIATION

Client, an oil painter for 30 years, invented an art frame. Client has filed 2 utility patents, one of which has issued. Adverse Party (AP) wishes to license the rights to manufacture and sell the invention covered by the pending patent application. Client needs representation to negotiate the agreement with AP.

 

LITIGATION/PRELITIGATION

A2112-1-L: COPYRIGHT INFRINGEMENT/COVER ART

Client, a university student, whose passion for graphic design began at fourteen years old, created cover art for a song and a song in 2015. Client posted on the internet. Client believes other artists copied the song and the cover art. Client wishes to receive credit for the song and cover art.

A2121-1-L: COPYRIGHT INFRINGEMENT AND SETTLEMENT

Client, a record label owner with over 20 years of experience, filed a copyright infringement suit in the Northern District of Georgia. Upon settlement in 2015, Client received 100% of the composition and recording rights. However, Adverse Parties did not own 100%. BMI has been working with Client, but records do not reflect Client’s ownership and Client has not received royalties. Client seeks enforcement of settlement.

 

N0666-1-L: BREACH OF CONTRACT

Client, an arts non-profit organization, is a drum and bugle band that performs for paying crowds across the country. In 2016, Client had an agreement (oral and through text messages) with Adverse Party (AP) to pull an equipment trailer to a world championship contest. Parties had previously contracted for similar services. AP was paid in cash and fuel cards in advance. AP failed to haul the equipment to agreed destination. Client seeks reimbursement of money paid to AP. AP previously agreed to a payment plan and defaulted.

 

A2252-1-L: UNAUTHORIZED USE OF MEDIA

Client is a disabled veteran who is a photographer mainly doing work for music artists. Client performed work for Adverse Party (AP) over several years. Recently, AP told Client not post photos of him/his shows. Client responded by revoking AP's permission to use Client’s media and asking AP to take down from the internet all of Client’s work that AP had previously used. AP refused and has used more media without attribution. Client's desired outcome is to have AP cease using  Client's media.

A2232-1-L: MISSING ROYALTIES

Client is a veteran, musician and composer. Client recorded music in 1999 and 2012. His music is available on digital platforms.  Client  has not received royalty payments. Client wishes to receive any unpaid royalties.

MISCELLANEOUS

 

N0690-1-M: NON-PROFIT INTERNAL DISPUTE

Client is a non-profit whose mission is appreciation and participation in the visual arts. Through a verbal agreement with the County, its operations include use and maintenance of an historical house. The Client formed a committee to handle the operations of the house. This committee has taken the position that it is and was intended to be a separate group.  The committee has stated it is forming its own non-profit to carry out the same purpose it had as the committee, using the committee name, and requiring transfer of funds. Client seek advice on intellectual property rights in the committee name; whether the funds raised by the committee under the Client organization belong to the organization or to the committee; and assistance in negotiating a formal agreement with the County.

A2144-1-M: LAW ENFORCEMENT FAILURE TO RETURN PROPERTY

Client is a songwriter and author. Client was arrested in 1993 and Adverse Party took possession of Client’s property for evidence. Among the property were song lyrics that have since been used by other artists. The lyrics were not used in trial and Client never received them back. Client wants return of lyrics, failing which he wants officer who last had them to disclose to whom he gave them.

 

A2030-2-M: LOST PROPERTY DURING FLIGHT

Client is a visually impaired individual who lost prosthetic eyes in checked airline luggage. Client has sought recovery for Client’s lost property since October 2015. Attempts to resolve the issue have been unsuccessful.

TRADEMARK

A1622-2-R: TRADEMARK REGISTRATION FOR BUSINESS

Client is a sociology/liberal arts masters student who has been working on a startup project in the home-sharing industry for the past 6 years. Client needs help with trademark registration for Client’s business.

BO608-3-R: TRADEMARK REGISTRATION SUSPENSION

Client applied for registration of a trademark in July 2017 based on use since 2010. Client recently received notification that his application was suspended pending processing of an application filed in April 2017 for the same mark in the same class. That application was filed on an intent to use basis and was published for opposition on September 5, 2017. Client wishes to oppose registration of competing mark and seeks counsel to advise and assist on prosecution of Client's mark.