James A. Rose

Or perhaps even (pun intended) "Dark Horse". Whatever side you take in this copyright infringement situation that seems to be trending in the direction of plaintiffs will be somewhat controversial.  In the Ninth federal Circuit, to state a claim for copyright infringement, a plaintiff must plausibly allege two things: Ownership of a valid copyright in the subject work Defendants copied protected aspects of the subject work's expression Malibu Textiles, Inc. vs. Label Lane International, Inc. , 922 F.3d 946, 951 (9th Cir. 2019) Some would say that there is no way a Christian rapper like Marcus Gray p/k/a Flame could make this happen against an artist like Katheryn Elizabeth Hudson p/k/a Katy Perry, associated songwriters, and Capitol Records, LLC. But following five years of pretrial litigation and seven days of proof, that is exactly what happened. "Joyful Noise" appears on the album Our World: Redeemed , which received a Grammy nomination fo...

In my entertainment law practice, the one subject that seems to generate the most confusion is trademarks. I am going to take the term "confusion" to a legal point in this blog post. "Likelihood of confusion" is a major hurdle to achieving a registration in the United States Patent and Trademark Office (USPTO). Many music industry people have false impressions about the process of filing and registering a federal trademark. Some are savvy enough to file their own applications. However, when the application is reviewed by an examining attorney at the USPTO in Alexandria, Virginia, the fearless pro se  applicant will call and request help. Many times it is too late to help. Application fees and the time spent filing the online application are wasted. So it is best to be informed about the basics of the process before beginning. A mark must  be in use in commerce before it can register. It is possible (and sometimes advisable) to file an application based on t...

John Rich initially became popular in country music as a part of the duo "Big & Rich". This name also accurately describes his approach to trademark applications for a name he has been quoted as prizing and that now graces Lower Broadway in downtown Nashville - REDNECK RIVIERA and RR REDNECK RIVIERA (In the latter stylized design mark, the two letters "R" are stacked vertically on top of one another. The bottom "R" is upside down".). Celebrities are always helpful case studies for entertainment law. Taylor Swift made news in her early years of popularity with a merchandise trademark enforcement bust at some sort of concert event. Frankly, some celebrities' legal teams handle branding and trademark issues better than others. I applaud Mr. Rich and his team on their investment into the two above-referenced marks. But I wouldn't necessarily recommend this approach to my clientele. It is intriguing to see how developing creatives in N...

Well, in case you are following the Kane Brown federal litigation saga and my analysis from 3/18/2019, mediation is now officially OUT as a remedy from the vantage point of this entertainment lawyer. At least for now. It seemed that someone on Kane's legal team was reading my blog and rebutting it all in one fell swoop. Just as my spiel on the complaint filed by Zone 4, Inc. went live, the answer, affirmative defenses, and counterclaim of Kane Allen Brown went to the court clerk in Atlanta. So read backward to March 18 of this year. But read forward, too. Because this litigation is not going to end soon. The upshot is that Jamal Jones p/k/a Polow Da Don ("Polow") has some explaining to do regarding his prior relationship with Sony Music Nashville via Epic Records. The answer from Brown indicates a "Secret 2013 Epic/Sony Deal" by which Polow and his company Zone 4 were obligated to bring any identified artist talent to Epic/Sony. This secret deal pro...

Note:   This post was inspired in part by a Billboard Biz article written by Steve Knopper entitled "Why Music Executives Seek Lawyers With Conflicts of Interest: 'It's a Very Incestuous Business'" and published October 19, 2018.  Any reference to the "article" or "the Billboard  article is to this article. You're a developing recording artist and ready to roll with your first major label record deal. You simply smile and nod when told who your attorney for the deal will be. But something trips in your mind when you learn that this attorney will simultaneously represent the label. You need a divorce and have children with your spouse. Or your relationship with the other parent of your children is on the skids, and a court-ordered parenting plan will become necessary soon. You seen no harm in saving money and hassle and just hiring one lawyer. But when you sit down to meet with the lawyer, he or she slides over a sheet of paper captione...

If you've been on Lower Broadway in Nashville recently (or even if you've been simply listening to radio ads associated with new honky tonk venues), you've likely noticed your share of country music celebrities who have opened up new restaurant and bar venues: Jason Aldean, Luke Bryan, Florida Georgia Line, Blake Shelton, Dierks Bentley, and John Rich are among those who have staked out territory in a thriving "It" city tourist mecca.  And if you're in the restaurant entertainment business, you may be considering your current brand or a total rebranding as a trademark. But what if your restaurant has a name that is similar to one of the brews on tap at the bar?  And what if you just happen not to have ownership rights in the name of the beer? Good news: You are not out of luck in terms of a federal trademark or service mark application.  In fact, just because another registered mark is exactly like yours doesn't mean that you should go looking for a...