EXPANDING THE MARKET BEYOND EXPECTATIONS: LICENSING AND TRADEMARKS
Importing a foreign online game for domestic distribution presented a great opportunity for our Denver-based client. Not only did we license the rights to the foreign game so our client could translate the text into English and adapt the game for the U.S. market, we also registered and protected the trademark enabling further growth and expanding brand identity. This proactive in-licensing even lead to profitable out-licensing: our client’s English game is now played in other countries all over the world.
TURNING OPPORTUNITY INTO SUCCESS: CONTRACT NEGOTIATION AND COPYRIGHT PROTECTION
When our client, an emerging visual artist from the Midwest with growing popularity, was asked to provide the artwork for an established musician’s much-anticipated upcoming album, we were called on to negotiate with the musician’s management and record label. While our client was sure to be paid for his work, we helped him retain ownership of his copyright as well as the rights to release limited edition prints of the artwork while restricting the label’s rights to only exploit the artwork for circumscribed uses. This resulted in increased leverage and profits for our client while the album went on to win two Grammy® awards and catapult our client into the public eye.
RETAINING AND EXPANDING RIGHTS: CONTRACT NEGOTIATION AND COPYRIGHT PROTECTION
A professor and aspiring author came to us with an offer from a New York publisher he didn’t want to lose. Publishing contract in hand, he was ready to sign but first asked for our advice. We saw shortcomings in the contract and suggested ways to increase his leverage with the publisher. Cognizant of our client’s instructions not to “push too hard,” we went back and forth with the publisher to secure our client’s creative control and increase his rights, even succeeding in retaining his copyright ownership – a rarity, honor and accomplishment for a first-time author.
NOT A BAD BREAK UP: PARTNERSHIP DISSOLUTION AND COPYRIGHT PROTECTION
We all know that breaking up is hard to do. Our client was a dedicated member of a respected band with a Grammy® award-winning band leader. The band was represented by a premier Nashville law firm so the departing member turned to us for dedicated, skilled and reliable representation. We ensured our client held on to his copyrights, was paid the money he was due, and continued to receive a revenue stream from his prior work.
GROWING UP ISN’T ALWAYS HARD TO DO: ARTIST REPRESENTATION AND PROJECT DEVELOPMENT
When you’re a musical act whose target audience is children, having your own children’s television show is a fast-track to success. Our clients were playing in elementary schools and libraries but had an opportunity to be the stars of an educational, episodic new program. Understanding the importance of creative control and artistic integrity, we negotiated a development deal with an east coast production company that ensured our clients were the focus of the show and would profit handsomely without sacrificing their values.
MAKING THE DREAM A REALITY: BRAND FORMATION AND BUSINESS DEVELOPMENT
It all starts with an idea. Our client’s idea was to create a video-on-demand channel targeting an underserved market totaling tens of millions of households. Our role included assisting with brand creation, trademark protection, and licensing masses of content for delivery. Raising capital was also a piece of this puzzle and, while we couldn’t perform the securities work in-house, we connected our client with high-caliber securities attorneys in our network and helped guide the process.
THE BEST OFFENSE IS A GOOD DEFENSE: TRADEMARK PROTECTION
A trademark owner is obligated to protect his trademark and ensure no other party uses a confusingly similar mark. When a Denver restaurateur learned of a new eating establishment with a name very similar to his own restaurant, we got the call. We swiftly contacted the new restaurant to inform them of this trespass, resulting in their immediate cessation of all use of the infringing name. Our client’s trademark was protected and his respected reputation remained intact.