Week 10 BOC: Lawyer Jokes

One afternoon, a wealthy lawyer was riding in the back of his limousine when he saw two men eating grass by the road side. He ordered his driver to stop and he got out to investigate. “Why are you eating grass? he asked one man. We don't have any money for food, the poor man replied. Oh, come along with me then.But sir, I have a wife with two children! Bring them along! And you, come with us too!, he said to the other man. But sir, I have a wife with six children! the second man answered. Bring them as well! They all climbed into the car, which was no easy task, even for a car as large as the limo. Once underway, one of the poor fellows says, Sir, you are too kind. Thank you for taking all of us with you.The lawyer replied, No problem, the grass at my home is about two feet tall. (http://www.dog-trader.com/question/20110115234126AAmBsu3.html)

Q: How do you know when your divorce is getting ugly?
A: When your lawyer doesn't seem like a bloodsucking leech anymore.
(http://www.dribbleglass.com/Jokes/lawyers.htm)

The Post Office just recalled their latest stamps. They had pictures of lawyers on them, and people couldn't figure out which side to spit on.

As the lawyer slowly came out of the anesthesia after surgery, he said, "Why are all the blinds drawn, doc?" "There's a big fire across the street," the doctor replied. "We didn't want you to think the operation was a failure."

A fellow walks into a bar with a ten-inch, scowling man on his shoulder. He orders a drink. The little man jumps off the shoulder, drinks a third of the drink and climbs back up. The fellow then orders a sandwich. The little man likewise devours a third of the sandwich.
After this goes on for two more drinks, the bartender says, "Hey buddy, I don't usually pry into customers' private affairs, but what the heck is it with that little guy?"
The customer replies, "Well, I found a bottle on the beach. When I uncorked it, out popped a genie. He gave me one wish. I asked for a 10-inch prick, and the genie shrunk my lawyer!"
(http://www.lectlaw.com/files/fun09.htm)

For three years, the young attorney had been taking his brief vacations at a country inn. The last time he'd finally managed an affair with the innkeeper's daughter.
Looking forward to an exciting few days, he dragged his suitcase up the stairs of the inn, then stopped short. There sat his lover with an infant on her lap!
"Helen, why didn't you write when you learned you were pregnant?" he cried. "I would have rushed up here, we could have gotten married, and the baby would have my name!"
"Well," she said, "when my folks found out about my condition, we sat up all night talking and talking and decided it would be better to have a bastard in the family than a lawyer."

Week 9 EOC: Letters of Permission

I chose to do a permission letter to use trademarked property because I think that is something I may have to sometime use if I become a clothing designer in any way. Trademark issues come up all the time when it comes to working in the fashion industry. I also chose to do a permission to use content online. As a professional in an industry that is becoming more and more online based, knowing how to get a release of a trademarked image will come in handy when it comes to working for a label’s online store or website. I’m also very interested in going into the online press of a label in terms of the company’s social media presence and what kind of online content they want to use on the company website. I also did a model release form because as fashion professional, I will probably use models in some sort of capacity quite often. That is a pretty basic form that an industry professional should be familiar with. I also did a photo release form which I believe I will use when setting up an online store of my own or maintaining a company website for someone else.

Week 8 EOC: Bratz Brawl

“Heading into the Barbie vs. Bratz copyright trial, it had been assumed that the legal battleground would be a timeline of events: Was Carter Bryant, the designer of the pouty-lipped Bratz doll, still an employee of Mattel when dreamed up the now-$500 million per year franchise owned by MGA?” (http://blogs.wsj.com/law/2008/06/09/in-barbie-and-bratz-case-is-the-chronology-the-key/) “During the first trial in 2008, a jury in Riverside found that Bratz creator and former Barbie designer Carter Bryant was in Mattel's employ when he developed the concept for the immensely popular dolls. Mattel was awarded $100 million in damages and Van Nuys-based MGA was ordered to turn over the franchise and stop making and selling Bratz products. That decision was overturned in July by a three-judge panel of the U.S. 9th Circuit Court of Appeals; the case was later sent to Santa Ana for retrial.” (http://articles.latimes.com/2011/feb/11/business/la-fi-0211-bratz-mattel-20110211) Mattel is claiming this is a case of a stolen trade secret, which is costing them billions of dollars in potential revenue. “Mattel alleged in papers filed late Wednesday that the trial was tainted when MGA's Isaac Larian testified that Mattel caused the stress that led to his father's death and destroyed his family, among other things. Mattel is asking U.S. District Judge David O. Carter to declare a mistrial or tell the jury the statements are false. Quinn said in his opening statement last month that MGA has sold $3.3 billion in Bratz and related products, with $292 million in profits, while the doll line decreased Mattel's Barbie profits by $393 million.” (http://www.huffingtonpost.com/huff-wires/20110210/us-mattel-bratz/) This really seems to be a case of Mattel wanting to lay claim to the idea because they just wish they had been the company to release it since they have lost money since the release of the Bratz dolls. Without some sort of written proof that Carter Bryant was indeed employed at Mattel while he thought up the idea for Bratz, I don’t see how Mattel can have a case.

Week 8 BOC: Progress contacting Lawyer

For the final, I have made a comprehensive list of lawyers that are good candidates to contact about asking my questions. I have emailed a few, but gotten no responses. I tried emailing first because lawyers are busy and I thought maybe I would have a better chance of getting answers if it was just something they could do on their own time. Since I have received no answers I'm going to call those that I only emailed. I've made a few calls, however, have not been successful in getting answers as the lawyers have not been available. This unavailability is my biggest issue with this project so far.

Week 7 EOC: 10 Intellectual Property Questions

1. As a designer of luxury goods, what would my legal rights be if I found someone with a counterfeit copy of one of my products?

2. I work at a swimwear store. Buyers from Victoria Secret come into our store and buy a bunch of suits that they take back to their designers to copy and sell for lower prices. Is there anything legally the company I work for can do about this infringement and cut into their sales?

3. What about the rights of the designers of the suits that are copied?

4. Would it matter if only a part of the design of the suit was copied or would it have to be the entire product as a whole?

5. If something isn’t done soon about the Chinese disregard for the United States Anti-piracy laws, do you think it is going to even more deeply hurt the economic position of the fashion industry globally?

6. Can a fabric be trademarked?

7. Would I be at risk of getting sued if I used the same fabric widely associated with a designer but not containing their logo if the trademark isn’t trademarked?

8. Many people from other countries go into widely recognized private label stores like Victoria Secret, buy items at retail, then go home and sell them. Is this brand infringement if they say they aren’t associated with the store or the brand?

9. If a company uses a famous band or musician’s words on their fashion products, but adds to the words to make them different or satirical, is that copyright infringement?

10. How hard is it to get the rights to use images or words from musicians to use on fashion goods?

Week 6 EOC: Illicit

“Fake handbags, watches, shoes, and perfumes. The business of Counterfeit Goods is the largest underground industry in the world. Hundreds of billions of dollars are generated while sapping the economy, putting lives in jeopardy, and funding organized crime in the process. At around 7% of all global trade, counterfeit goods are a big business with low overhead. It makes too much money to go away anytime soon.” (http://www.cnbc.com/id/37824347/) In every country, counterfeit goods are being confiscated. These days it’s not just fashion goods that are at risk to be counterfeit. Almost anything you buy could be a counterfeit. Medicine has been found that’s made with poison and other everyday items are found to be unstable to the point that they could blow up or melt. “Among the most lethal counterfeits are medicines. Imposter products, including counterfeit cough syrup and baby formula, have killed thousands worldwide ... and the death toll continues to rise.” (http://www.cnbc.com/id/37824347/) “Counterfeiting has become such a problem in the United States that Congress has even gone so far as to pass the “Stop Counterfeiting in Manufactured Goods Act” in 2006.” (http://www.iccwbo.org/uploadedFiles/BASCAP/Pages/crime.pdf) Having only seen a few fake handbags, I can understand the reasoning behind making them. The ones that are copied are expensive and only the very rich can afford them. However these brands have earned the right to make their price points as high as they please. They are targeting a specific market and if you can’t afford to be part of that market, don’t add to the problem by buying a fake replica. A logo is a trademark that has been paid for and earned. It’s plagiarism to copy that and those that do should be punished. The fashion goods that I’ve seen copied are poor imitations of the real ones and aren’t worth the money paid for them.

Week 5 EOC: Lawyers looking for fame

There are many lawyers out there that look for celebrity clients or high-profile cases in order to be in the limelight. One such lawyer is Mark Geragos of the Scott Peterson case, the Micheal Jackson child molestation case, Winona Ryder's shoplifting case, and politician's Gary Condit and Susan McDougal in the Whitewater scandal. Most recently Geragos represented Jeremy Mayfield, the suspended NASCAR driver, and Chris Brown, who plead guilty for beating Rihanna. He is also assisting David Carradine's family in the investigation of his death. He is what is known as a "celebrity lawyer." He has built his career upon going after celebrity cases. Another lawyer like this is Martin Garbus. His "client list reads like a Who's Who of authors, actors, and playwrights, including Al Pacino, Sean Connery, Richard Gere, and Tom Brokaw. It also includes Miramax and Bloomberg, L.P. and Nelson Mandela. The legendary First Amendment advocate made a name for himself when he defended Lenny Bruce against obscenity charges. He later continued the theme in representing Don Imus." (http://www.businessinsider.com/top-ten-celebrity-lawyers-2009-10#martin-garbus-5) "In the entertainment business, there's one sure sign that you've made it: Allen Grubman is your lawyer. In what would seem like a conflict of interest for anyone else and is in fact fairly controversial, Grubman has represented by A-list artists and major musicians at the same time. New York Magazine has called him the music industry's "sole superpower attorney." (http://www.businessinsider.com/top-ten-celebrity-lawyers-2009-10#allen-grubman-7) These attorneys represent what gives lawyers a bad name. This is a valid and legal way to make a career out of being a lawyer, however. These people aren't doing anything wrong by choosing to only go after celebrity cases.