Updates

Creative Law Network is at Denver Startup Week!

Join us at 2 awesome Startup Week events tomorrow:

Anatomy of a Contract

Tuesday, September 17th - 8am - 9:30am at Healthgrades Operating Company Inc.

Contracts are notorious for being written in an obscure language, otherwise known as “legalese.” However, contracts are the backbone of a business and can truly make or break your success as a startup. Whether you're signing a contract or delivering one for your company, there are some common components that every startup business should be looking for and know how to decipher. We will dissect the basic elements of a few standard types of contracts so you can be better informed and protected in your business.

Speed Legal: Starting, Growing, and Funding Your Business

Tuesday, September 17th - 12pm - 1:30pm at the Jake Jabbs Center at CU Denver (5th Floor Laube Commons)

Founders face pivotal decisions in the early stage, from initial incorporation to HR, stock options, and IP strategies. Then, there’s funding, growth, and exit. The pitfalls are perilous if sound decisions don’t start at the beginning. No matter where you are in the startup journey, this program has something for you. In an interactive 90 minutes, attendees can select specific tracks. Need IP help? Join the rapid-fire roundtables on patent strategies and IP protection. Looking to make the first hires? Evaluating funders? Dedicated roundtables will be set up to address all key startup legal issues. In small groups, you’ll learn from experts and peers in a dynamic learning environment.

Find out more information about these and other events at Denverstartupweek.org

Dave Ratner
Client Spotlight: Dio Mio - Handmade Pasta
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Dio Mio (dee-OH mee-OH)

As in “My God! This pasta is good!”

Dio Mio is a counter-service restaurant focusing on fresh, handmade pasta. Chefs Spencer White and Alex Figura use their fine dining backgrounds to craft a mix of traditional Italian, and contemporary food in a relaxed and approachable environment. At the center of their 1500 square foot restaurant, is the pasta-production table, the heart of what they do. Sourcing is important to them; often locally, sometimes nationally, always seasonally.

Creative Law Network is proud to represent Dio Mio!

Visit their restaurant at 3264 Larimer Street in Denver and learn more about them here

Find their menus here

Dave Ratner
What Are We Up To This Week?

Join us for 2 awesome events this week!

The Law of Street Art: Copyright Protections and Other Issues to Consider.

Wednesday, September 4, 2019 from 5pm - 7pm at Ironton Distillery & Crafthouse

RSVP: HERE

Denver’s vibrant neighborhoods are alive with street murals. These large-format, art projects are beautiful, but they belie a number of important legal issues, including copyright, property ownership, use of street murals in other artistic or commercial depictions of street murals, and artists' moral rights in their expressions.

As part of CRUSH WALLS 2019 , Zach Warkentin of Warkentin LLC and our own Dave Ratner of Creative Law Network will present on fundamental copyright and other legal issues for street muralists and street art. This event is presented in coordination with the Colorado Bar Association's Sports and Entertainment Section and RiNo Art District.

Art + Law Crested Butte

Friday, September 6, 2019 from 10am - 4pm at The Depot

RSVP: HERE

The morning will feature a Continuing Legal Education (CLE) presentation for attorneys. Attendees can earn two CLE credits and learn how they can apply their legal practice to support the creative industries in Colorado.

The afternoon session will focus on navigating common legal issues that creative professionals and entities encounter. This interactive workshop will focus on the basics of intellectual property law, common questions regarding contracts and various business entities for creative endeavors.

This arts-infused, legal education day will include a delicious lunch, networking and connections to the vibrant creative community in Crested Butte — plus a happy hour with live music!

Dave Ratner
Legal Issues in Theatre - Tonight!

Join Dave Ratner, Colorado Attorneys for the Arts, and The Colorado Theatre Guild TONIGHT from 6:30 - 8:30 at the Mizel Arts and Culture Center at the JCC to learn more about the legal issues in theatre. Dave will cover a variety of topics such as the anatomy of a contract, copyright, trademark, licensing and more! Bring your questions and we’ll see you there!

This presentation is free for Colorado Theatre Guild members and $10.00 Non-Members

Click Here to learn more and

Dave Ratner
FUCT Trademark Registration

On June 24, 2019, in Iancu v. Brunetti, fashion designer Erik Brunetti appealed a decision by the US Patent and Trademark Office (PTO) denying his application to federally register the trademark “FUCT.” The PTO had previously denied the trademark application under a provision of trademark law that prohibits registration of “immoral or scandalous” trademarks. However, in a landmark decision, the Supreme Court ruled in Brunetti’s favor, finding that the “immoral or scandalous” prohibition violates the First Amendment.

Brunetti founded a clothing line using the trademark FUCT, pronounced one letter after the other: F-U-C-T. But read differently, it’s pretty clear what it sounds like, or as the PTO so eloquently described it; “the equivalent of [the] past participle form of a well-known word of profanity.”

The PTO determined that FUCT was vulgar and, therefore, unregistrable. On review, the PTO’s Trademark Trial and Appeal Board affirmed, declaring the trademark to be “highly offensive” and “vulgar” and noting the “negative sexual connotations.” Brunetti responded by arguing that the “immoral or scandalous” bar on trademarks violates the First Amendment.

In evaluating Brunetti’s challenge, the Supreme Court considered its decision just two terms earlier in Matal v. Tam, 137 S. Ct. 1744 (2017), in which the Court declared a ban on registering “disparaging” trademarks unconstitutional. In Matal v. Tam, an all- Asian American rock band called “The Slants” brought suit when they were denied a trademark for their band name as racially disparaging. The Court explained that in Tam, it had reached two conclusions: (1) if a trademark registration bar is viewpoint-based, it is unconstitutional, and (2) the disparagement bar was viewpoint-based. That is, “the government may not discriminate against speech based on the ideas or opinions it conveys.”

 In determining whether the “immoral and scandalous” bar is viewpoint-based, the Court went straight to the dictionary, defining the terms as being inconsistent with “good morals” or “giving offense to the conscience or moral feelings,” respectively. The Court recounted previous PTO registration decisions, in which the PTO refused to register marks communicating “immoral” or “scandalous” views about drug use, religion, and terrorism. Yet, the PTO approved registration of trademarks expressing more accepted views on the same topics, such as religious based brands. Thus, the Court determined that “the facial viewpoint bias in the law results in viewpoint-discriminatory application.” As such, the “immoral or scandalous bar” violated the First Amendment.

So what does this all mean? In a nutshell, this decision is likely to allow registration of a wider selection of trademarks. Words and marks previously thought too scandalous or vulgar for registration may now be granted protection under the First Amendment. The Court determined that it is not the place of the PTO, and the inherently biased examiners, to determine whether a mark is moral or not. The door is now open for a new broad variety of trademarks. Now is the time to register your trademark if you thought it might be refused as immoral or scandalous. The trademark lawyers at Creative Law Network would love to talk to you about this new change and how we can help you register a trademark, scandalous or not!

Dave Ratner
One More Week for the Denver Music Advancement Fund!

There is 1 week left to submit your proposal for the Denver Music Advancement Fund!

This fund, created Denver Arts and Venues in partnership with Illegal Pete’s and LivWell Enlightened Health is providing $100,000 to projects that help to advance The Denver Music Strategy and Denver’s Cultural Plan, IMAGINE 2020.

The deadline to submit proposals is Friday May 17, 2019.

Click Here for more information and submission requirements.

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