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Trademark Law

Film Financing & Minimum Guarantee (MG) Agreements

Hello everyone, On October 6th, 2025 at 04:00 pm, I’ll be speaking on a panel at the Film Festival at Hollywood Park about film financing and distribution deals. One of the most misunderstood yet crucial deal types for indie filmmakers today is the Minimum Guarantee (MG) Agreement....

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Film Deals and Intellectual Property

Today we will talk about different types of deals in filmmaking — how films are financed, how distribution is secured, and what legal pitfalls filmmakers need to watch out for. On October 6th, 2025 at 12:00 p.m., I will be speaking on a panel at the Hollywood Park Film Festival, answering questions from filmmakers and industry professionals about these very issues....

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Trademark Registration in the U.S. — Why a Complete Search Is Essential

Hello everyone, Today we’ll discuss why conducting a trademark search is essential before registering a trademark. Establishing and protecting a brand is one of the most important steps a business can take. A strong trademark can be a valuable business asset, helping to distinguish your products or services in a crowded marketplace. But before investing in a name, logo, or slogan, you must ensure that your mark is available and legally safe to use....

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The American Rule in Legal Fees: Why Each Party Pays Their Own Lawyer

The American Rule is intended to encourage access to the courts. If losing a case meant automatically paying the other side’s legal fees, many people might be afraid to pursue valid claims. This rule ensures that litigation is not just a tool for the wealthy. However, critics argue that it allows frivolous lawsuits to flourish since plaintiffs do not face the risk of paying the defendant’s attorney’s fees if they lose....

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Descriptive Trademarks: The Challenges of Registration

Descriptive trademarks, therefore, occupy a middle ground. Unlike generic terms, they can achieve trademark status, but unlike suggestive marks, they do not start out with inherent distinctiveness. To be protectable, a descriptive mark must cross a threshold where the primary significance in the minds of the consuming public is not the product but the producer. This is the concept of acquired distinctiveness or secondary meaning....

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

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....

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How to Sell Your Screenplay at a Major Film Festival (Santa Barbara, Sundance, etc.)

Selling a screenplay at a festival is about relationships, persistence, and strategic networking. Don't go expecting to sell on the spot—focus on making connections that lead to future opportunities. By researching attendees, preparing your pitch, and networking effectively, you can increase your chances of getting your screenplay into the right hands....

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Copyright and AI-Generated Works: What You Need to Know

The rise of artificial intelligence in content creation has raised complex legal questions, particularly regarding copyright ownership and intellectual property rights. The U.S. Copyright Office and courts have consistently held that copyright protection applies only to works created by human authors. This means that works fully generated by AI—without substantial human creative input—are not eligible for copyright under current law....

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Increased Enforcement of IP Infringement in the Age of AI – Know Your Rights

Copyright owners are also aggressively enforcing their rights through AI-powered searches. Many demand letters accuse content creators of using copyrighted images, videos, music, or text without permission. Even small portions of copyrighted material can trigger enforcement actions....

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