Exploring the Strength of Different Types of Trademarks: Examples and Analysis

The strength of a trademark significantly impacts its protectability and effectiveness in identifying and distinguishing a brand. Generic trademarks offer no protection due to their commonality. Descriptive trademarks are protectable only after acquiring a secondary meaning. Suggestive trademarks, being more abstract, are inherently protectable. Arbitrary trademarks rank among the strongest due to their uniqueness and distinctiveness....

28 November

0 Comments

Sticky

Can an Idea be Protected Under the Law?

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

The key principle in federal copyright law is the distinction between an 'idea' and its 'expression'. This law protects the expression of ideas, not the ideas themselves. For filmmakers, this means that while a general plot concept, like a romantic comedy set in New York or California, is not protected, the actual script with its unique dialogue, character development, and scene descriptions, is....

22 November

0 Comments

Sticky

How to get financing for your independent film: Insights from lawyer Ernest Goodman

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Unfortunately, if your film is not produced by Netflix, they will bury it in their content library, and the same goes for Amazon. They do not actively market films unless they are Amazon or Netflix originals. There are distribution companies that can get your film on Netflix, but don’t count on making significant money. I’ve worked on many films, and sadly, Netflix is often where they go to die....

12 November

0 Comments

Sticky

The Crucial Role of a Certificate of Clearance in Film Financing: Insights from Lawyer Ernest Goodman

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Financiers and distributors are pivotal in transforming screenplays into cinematic realities. However, their support comes with a caveat: a strict adherence to legal assurances. Without a certificate of clearance, these entities fear the legal repercussions of copyright infringement, which can lead to costly lawsuits and project derailments. Hence, they typically refrain from financing projects lacking this essential document....

08 May

0 Comments

Sticky

All U.S. states except Louisiana have a primary heritage in English law

Posted by Ernest Goodman

in Entertainment Law, Legal Advice

In nations with a civil law system, legislation, statutes, or codes are the primary sources of law, and courts are required to adhere to these statutes. In common law nations, while courts are also required to follow statutes, they also have the authority to establish new law, known as common law or case law, through their rulings in particular cases. Additionally, they possess the power to declare a statute unconstitutional....