Sunday, November 6, 2011

Is Your Karaoke Host Subjecting You To Trademark Infringement Litigation?

!±8± Is Your Karaoke Host Subjecting You To Trademark Infringement Litigation?

Do you run a bar, restaurant or other venue that provides entertainment in the form of karaoke? Do you know if your karaoke host is running a legal show? Do you know how to tell the difference? Do you care?

Computers have aided to the ability to make our lives better. They help you in your business. They also help the karaoke Jockey (KJ for short) to run a show that doesn't require him/her to lug thousands of discs around to every show. With the advent of the computer age, the KJ can now carry all those songs in a case the size of an 8 lb. computer. He can find any song by typing part of the title or artist name, keep track of the songs for each singer, keep the rotation of singers in order, and print books for singers to select their songs. But along with the convenience comes the opportunity to do things that may not be on the up and up. And that can expose you to lawsuits for copyright and trademark infringement.

The manufacturers of quality karaoke music have waged war on those that have decided they can download songs and run shows without paying for them. They are after those that are putting all that music on hard drives and selling them for a few hundred bucks. And they are after you if you know about it and even if you don't and should.

Investigators are on the move and showing up at clubs like yours. They are documenting the use of hard drives and computer by KJ's, even the legal ones. That's because they want to find out if each of those shows has a set of manufactured discs that were bought and paid for backing up all that music.

If you know that they are doing this or you don't (and are in a position that you should), you may still be subject to litigation. Even if you don't actually have to go to trial, you will be subjected to the inconvenience of responding and you may feel the need to consult legal council to put it behind you. Your KJ will have to prove he has a disc for every song on the computer. And if you know that he's doing it, you could also be guilty by hiring him. Copyright violations can carry penalties up to 0,000 per song and trademark infringement carries penalties up to ,000,000 per incident. And paying your BMI or ASCAP fees may not protect you.

There are things you can do to make sure you protect yourself from the debatable tactics of the karaoke manufacturers spearheading this effort. Their motives, while admirable, are being questioned by the very people that have been paying their salaries for many years. Many legal KJ's - the ones that have paid for all their music - are up in arms saying they are being targeted right along with the Karaoke Pirates. They are guilty and have to prove their innocence and are having to retain council to answer for unfounded charges.

While you can register with the manufacturers or the associations and require your KJ's to register and subject themselves to audit, you may find yourself looking for a legal KJ that will not mind going through the headaches for what you're willing to pay. But there is something you can do to protect yourself and your investment.

ASK! If your KJ uses a computer and/or does not carry discs with him, Ask where the music came from to run his show. Most Pirates will be more than happy to tell you how they downloaded it all for free. A legal KJ will be happy to show you his library to keep the gig. You may have to go to his house or place of business, but most will be happy to conform. If they are not willing, find another KJ. (The same would be true with a DJ).

Resign yourself to only hire those that are conforming to the law. You pay your BMI/ASCAP fees every year that protects you and them for the music that's played in your establishment. They should be gracious enough to protect you from litigation by purchasing legal copies of their music.


Is Your Karaoke Host Subjecting You To Trademark Infringement Litigation?

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Thursday, October 20, 2011

Housewarming Gifts - My Top 5 Gifts Which Will Cost Less Than A £10 Bottle of Wine

!±8± Housewarming Gifts - My Top 5 Gifts Which Will Cost Less Than A £10 Bottle of Wine

Buying a house or flat is one of the most important and expensive investment one makes. Having a housewarming party to celebrate the purchase of a new home is becoming increasingly popular. It's a way, not only to celebrate with friends and family, but also to possibly to receive presents to put into your new home. One of the most popular gifts to take to a housewarming party is a bottle of wine- it's the easy and relatively cheap option right? However, why not be a little more creative in what you take? It does not have to be hard to find a housewarming gift that will not put a big dent in your pocket. In this article I am going to highlight some unique gifts that cost less than a £10 bottle of wine.

Egglings- I would call this gift the mother of all housewarming gifts. It is quirky, unique, purposeful and cheap. In summary it is a real life growing plant hidden in a fake hard boiled egg. In order for the plant to grow, you just crack the egg and treat the plant as you would normally treat any live plant. There are various plants available, from prickly cactus, Italian parsley, Phlox Flower to Spicy Red Pepper. Price- £5.95

Mango Wood Handcrafted Plate- the description itself would suggests a price tag of over £10, but in fact, at a mere £9.99, this is a wonderful and classy gift for any home owner.

Homer Simpson Talking Hand Bottle Opener- as the name implies, this is novelty item as well as a functional one. Homor Simpson does not only open your bottle of beer, but when doing so, churns out 3 trademark phrases when you pry of the bottle cap:

"To alcohol, the cause of and solution to all life's problems ".

" 80% of the human body is water, in my case its beer ".

" Drink up- not drinking is only going to make it worse".

Price: £7.99

MoodGlow Colour Changing and Scented Candles- these candles bring a fantastic light show along with a hint of fragrance to any home. It has LED technology which allows the candle to change through a spectrum of warm colours. The battery itself, which is replaceable, lasts up to 100 hours. With a vanilla aroma that it emits, this is a cool gift to take to any housewarming party. Price £9.99

Aroma Ducks- we all love the exotic and wonderful smell of fruit. These cute looking ducks are available in Orange, Strawberry, Banana and Mango and I would have to say, the smells are gorgeous! They will sit happily on any table in any room. Price £6.99
I hope that I have given you some gift ideas which does not cost the earth and I am sure you will agree, are a little bit more 'adventurous' than a bottle of wine!


Housewarming Gifts - My Top 5 Gifts Which Will Cost Less Than A £10 Bottle of Wine

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Saturday, October 15, 2011

Trademark a Slogan And You Can Protect Your Rights

!±8± Trademark a Slogan And You Can Protect Your Rights

Copyrights and patents are, at least in theory, granted for one-off fixed terms. On the other hand, trademarks are valid as long as the trademark owner actively defends and uses them.

However, the owner must maintain his or her trademark registration with their state's trademark registry. Often there will be a periodic renewal fee involved.

In the United States patents and copyrights eventually expire and become part of the public domain, but trademarks don't.

A trademark is a distinctive symbol, phrase, name, style, picture, or design that a business uses to identify its products and itself to the public. If the business offers a service instead of a product then the trademark is also known as a service mark.

Trademark law has been established to protect consumers from being deceived or confused about the quality and the origin off a product. The trademark owner does this by stopping his or her competitors from using their mark or a trademark that people are likely to confuse with theirs.

This could happen if, for example, another tissue manufacturer calls itself "Kleenex" or if the name is sufficiently similar. This would be the case, for example, if a beer company tries to imitate "Budweiser" and calls itself "Badweiser."

Trademarks are protected when the law permits trademark owners to prevent competitors from infringing on their marks by using marks that are confusingly similar. Although it isn't necessary to show that infringement was intentional, if it can be proven that there was the intent to deceive then the settlement for an infringement lawsuit can be greater.

Trademarks aren't strictly treated as property because some words have to remain free in order to describe or to identify a general class of products. Therefore, generic terms won't be protected. For example, you if you owned the trademark for "Apple" you couldn't use it as a trademark for the fruit.

The trademarks that can be most easily protected are those that use invented words, such as "Polaroid."

In addition, if a trademark identifies the source of services or goods, it can help the consumer to identify those goods and services which meet their expectations. Because trademarks fix responsibility they are an incentive for companies to maintain their good reputations and the quality of their products.

If quality is not consistent then it can lead to the mark being abandoned. If so the law won't continue to protect the trademark because it no longer functions as the indicator of that particular product.

Abandonment of a trademark can also happen by "naked licensing." This happens when the owner grants rights for someone else to use the mark but doesn't sufficiently control when or how they can use it. If that happens then the trademark would be released for general use.


Trademark a Slogan And You Can Protect Your Rights

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