James A. Rose

You are an alternate residential parent in the State of Tennessee and are paying for your son or daughter's wireless phone and data plan. The other parent becomes irritated at you and destroys or confiscates the phone, claiming authority to do so as the primary residential parent. Where is the law on this? And what, if any, recourse do you have? Many of you have seen the form parenting plan published at tncourts.gov and required in divorce cases throughout our state. You may also be aware of divorce forms approved by the Supreme Court of Tennessee (now available with or without children) that are user friendly and streamline the process for divorcing spouses who cannot afford an attorney and who can agree on divorce terms, including terms of a Parenting Plan. Key elements of a Tennessee Parenting Plan (available online) are: Residential parenting schedule, including designation of a primary residential parent. Includes holidays, school breaks, summer schedule, Christmas ...

Not all "trademarks" are actually trademarks. If you're thinking about a series of downloadable  albums of music, don't apply for "Really Sensational Jams". If you're opening a new honky tonk on Lower Broadway in Nashville, don't call your attorney about "Beer & Burgers on Broadway" as your name brand. It might compete with Dierks Bentley, Luke Bryan, and Kid Rock. But it won't earn you a registration certificate from the United States Patent and Trademark Office ("USPTO"). It is always a tough role to be a "buzz kill" when a creative client calls regarding a name or brand with wild enthusiasm. Of course, they don't understand the law and trademark application process. That is why they're calling you. And they don't want you to merely tell them what they want to hear.  But they also don't want to hear that their latest, greatest name may not register. Applying for a trademark in 2018 and ...

No - the process of legally establishing a father is not as simple as you may think it is at first glance. There are several ways to accomplish becoming (or UN - becoming) a father pursuant to the law of Tennessee. Surprisingly, in my days as a juvenile and family attorney, I have seen some courts err in their determinations regarding legal fathers. In the world of dependent and neglected child, many times two fathers are named in a petition - a "legal" father and an "alleged" father. Here is my analysis, method by method, of establishing paternity (a/k/a fatherhood). 1. Marriage It would seem that the fact of the mother being married at the time of birth greatly simplifies the process of establishing paternity. If you are one of my fellow attorneys checking out this blog, give me a call. I will send you the statutes of reference for this post. The law in Tennessee only presumes  that the husband of the mother is the father of her newborn child. This applies i...

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...

You have a child who is involved in athletics and/or fine arts at his or her school. The program relies on community support to thrive and even to survive from a financial standpoint. So you round up fellow parents, alumni, and community activists. But you would prefer to have control over how funds are disbursed and spent. How can you make it happen? One of the rewarding parts of being an attorney is volunteering time for worthy causes. My fellow Cheatham County Central HS alum and "Country Comic" comedienne Chonda Pierce presented me with an opportunity in this year of 2018 when she cast her vision to expand on her generosity for the drama program with a foundation that would involve an alumni board of directors and continue the legacy begun by "Drama Mama" instructor emerita Joyce Mayo. Enter a series of Tennessee statutes known formally as the School Support Organization Financial Accountability Act (the "Act"). In short, the Tennessee General...

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...