FREQUENTLY ASKED QUESTIONS

Trademark:

• Q: What should I file a trademark application for and when?​

  • A: ​If you have a brand name, slogan, tag line, catchphrase, logo design (either with words or just a graphic or pictorial image) that is associated with products or services you should seek to protect the mark with federal trademark registration.

  • A: You should file a trademark application ideally either prior to the launch of your brand or usage of the words/design or right after you have launched the products or services. If neither of those situations apply to you and you have been using your mark (design or words) publicly over an extended period of time, you should file for a federal trademark immediately because you may be subjecting yourself to potential infringement issues.

  • A: If you are considering a potential business name, brand name, slogan, or logo design a COMPREHENSIVE TRADEMARK SEARCH (federal search with the USPTO and common law social media and internet search) is ESSENTIAL BEFORE you publicly use those words or design.

Trademark v. Copyright:

• Q: What is protected under trademark law vs. copyright law?​

  • ​A: Trademarks protect brand identifiers that are associated with related products and services offered or intended to be offered publicly to consumers. Copyright protection is for creative works for instance novels, textbooks, paintings, drawings, music sound recordings, song lyrics, and choreography. In order to enforce your copyright or trademark rights in federal court, federal registration is essential because it solidifies your ownership.

Q: If I'm under a tight time constraint or there is a time of essence clause from the other party, should I sign the agreement immediately?

• A: ​No, do not rush and sign any contractual agreement especially if you do not fully understand the terms. It is to your benefit to ASK QUESTIONS and request additional time to review the agreement even if you think you understand the terms prior to signing the agreement. You can contact our firm regarding our contract review services. Attorney Baker will review the contractual terms, explain the agreement to you in detail, and assist you with formulating questions or concerns to take back to the other party.

Q: At what point in my career should I hire an entertainment attorney?

• ​A: When you are ready to offer your services professionally, you should consult an entertainment attorney prior to signing any agreements, booking any shows/ appearances, commissioning any creative works, hiring, or contracting anyone to work on behalf of your brand etc. There are several legal ramifications you need to consider prior to launching your entertainment career including fees and compensation, management terms and expectations, intellectual property rights, and business entity protection for liability purposes to name a few.

Q: What needs to be completed to form an LLC vs. a Non-profit Corporation?

• ​A: Both an LLC and a Non-Profit Corporation require a proper business entity, either LLC or Corporation in this instance, registration to be filed with the SECRETARY OF STATE’s OFFICE in the state you are forming your company in and a Federal Employment Identification Number (FEIN) to be secured with the IRS.

• A: Non-profit corporations require additional documents to be submitted and approved by the IRS in order to receive the tax benefits under section 501c3. Bylaws and Articles of Incorporation are also needed for a non-profit entity because it is a corporation, and the purpose and formal governance of the entity are essential.

• A: LLCs have Articles of Organization once they are registered with the Secretary of State. If an LLC has multiple members (*LLC owners are referred to as “Members”), then an operating agreement is also highly recommended to establish how the entity will be managed and the responsibilities of the members at the point of the formation of the entity.