Welcome to the Seattle Sports, Entertainment & Trademark Lawyer Blog

Posted on April 23, 2009 by Richard Symmes

Welcome to the Symmes Law Group, PLLC’s – Sports, Entertainment & Trademark Lawyer Blog.  This is an interactive blog that details current events in sports, entertainment, and trademark law as well as discusses legal issues and projects that are currently being undertaken by Seattle trademark lawyer Richard Symmes and Symmes Law Group, PLLC.

Symmes Law Group strives to build long-term relationships with our clients throughout the Seattle metro area as well as around the world by offering unparalleled personal service.  If you are need of a legal representation in association with your trademark or entertainment matters  please contact Symmes Law Group, PLLC today at info@symmeslaw.com or call 206-390-9451 to set up an initial consultation.

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Should My Entertainment Contracts Be In Writing?

Posted on January 18, 2012 by Richard Symmes

Whenever a business or individual enters into a contract for goods or services it is a good idea to make sure you get all of the terms of the agreement reduced to writing.  As a Seattle entertainment attorney, I understand this can sometimes be a tough feat to accomplish as a lot of deals can be made on the fly or over drinks.  But I must strongly advise that after your meeting or phone conversation that you reduce the terms of your agreement to writing to avoid any possible pitfalls later.  The reason I bring this up at this time is because I am currently assisting an executive producer of a film in dealing with another movie producer who is no longer a part of the project.

I will not divulge any information on this dispute other than to say the parties do not agree as to the terms of their original agreement, there was no signed contract and there is also a dispute as to whether the movie producer actually received the actual screenplay at all.  Needless to say a written and signed a agreement would have been useful to avoid a dispute down the road if parties don’t see eye to eye which happens more often than you would think.  Several parties to a project may come in go during the creative process so make sure everybody understands what they are entitled to from the outset.  An oral contract may be enforceable, however it will be harder to prove certain details unless there are witnesses or an email trail.  If there was no contract in place, a party may have an unjust enrichment argument if they provided time and services to a project.  In which case they should be compensated for their time, but should not receive any kind of ownership interest in the project unless the can argue that they are a joint author in the creative work.

Further in relation to distributing a movie screen play, an author or executive producer should keep a log of who the work is discussed with and number and keep track of every screen play sent out and when it was returned.  This is to prove a party had access to the screen play later if necessary to prove copyright infringement.  An infringement claim requires access, an original copyright as well as similarity to your original work of authorship.  As an added layer of protection, the producer should have parties sign non disclosure agreements stating that the parties agree not to distribute the works of art to any non approved parties.

If you have additional questions please visit our Seattle business attorney homepage to speak to a Seattle entertainment lawyer.

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Why You Should Always Do a Simple Google Search Before Choosing a Band Name

Posted on November 5, 2011 by Richard Symmes


If you are an up and coming band and think you have the best band name in the world, you should first conduct a simple Google search to make sure that you are not going to be infringing on another bands trademark. If a band with a similar name shows up you may want to search the USPTO data base to make sure the bands name is not trademarked or consult with a Seattle trademark lawyer. If the name is not trademarked the band who was using the name first in their location will have the right to use the name there, however if you were to register a trademark thereafter, you would have the right to use the band name nationally and stop others in the future from using the band name.

The reason I bring this up is that I was recently retained by a band who has been performing since the 1990′s. They were smart and trademarked their band name in relation to musical performances. This means that any band who wishes to use their band name or any variations of the name which are confusingly similar will be infringing on the original bands trademark.

The point of a trademark is for a business or in this case a band to distinguish themselves from the competition. If you are a new band, would you really want your work to be confused with somebody else’s? My guess is that most artists would want to be considered an original and not ride the coattails of somebody else or have their work confused with somebody else’s. So if you want to avoid receiving cease and desist letters threatening legal action in the future I strongly suggest doing a thorough name search before settling on a band name. It would be a hassle and potentially costly to re-branding yourself under a new band name if you have already been performing and have developed a fan base who purchases music and merchandise which could no longer be sold.

If you have additional questions please visit our Seattle business lawyer  homepage to speak to one of our Seattle entertainment lawyer.

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Supreme Court Rules Downloading Music Not A Crime

Posted on October 6, 2011 by Richard Symmes

The Supreme Court declined to review a lower court case and therefore agreed with the ruling in the lower court that the downloading of music is not a crime that can be punished under copyright infringement.  To check out the details about the case you should read this article by the AP.  In order for an individual to be liable for copyright infringement they must have broadcast the music publicly.  The Supreme Court agreed that downloading music on a personal computer did not constitute a public performance and thus could not be grounds for copyright infringement.

This ruling will likely cost musicians dearly as ASCAP, the organization who licenses musicians music, will not be able to license out music that is illegally downloaded on PC’s for private use.  Consumers who illegally download music will not have to worry about facing potential charges of copyright infringement in the future.

If you have additional questions please visit our Seattle business lawyer  homepage to speak to one of our Seattle business lawyers.

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Former Major Leaguer, Dykstra Allegedly Commits Bankruptcy Fraud

Posted on May 15, 2011 by Richard Symmes

Lenny Dykstra

When filing for bankruptcy it is imperative that you disclose all of your assets and income to your Seattle bankruptcy lawyer so that you can avoid bankruptcy fraud and avoid not receiving a discharge of your debt in bankruptcy.  It appears that former Major League All-Star Lenny Dykstra may not have disclosed all of his assets in his bankruptcy and is now being indicted for bankruptcy fraud.  Mr. Dykstra is accused of hiding more than $400,000 of assets that should have gone to his creditors as part of his bankruptcy estate.  He is accused of selling, destroying and transferring his property immediately prior to filing his bankruptcy case.  His legal troubles could have been avoided if he just disclosed all of his assets to his bankruptcy attorney prior to filing his case.  This is usually done through a bankruptcy attorneys questionnaire that a debtor is provided prior to filing bankruptcy.  For somebody who was handling the financial matters of other athletes, this also serves purpose to show that athletes should be careful in choosing who should be advising them on financial and legal matters.

Most debtors want to know why they have to disclose certain debts or assets.  In bankruptcy, all debtors and assets must be included regardless of whether you want to list them or not.  Just because you list an asset doesn’t mean you will lose it, in fact there are several bankruptcy exemptions that allow for debtors to keep property.  Unfortunately in in order to file bankruptcy, a debtor must give full disclosure, there are no exemptions.  Debtors should avoid transferring property in order to hide assets right before filing bankruptcy.  Especially if you transfer property to family members, as that raises suspicions.   It also should be noted that whether you are a former major league baseball player or an average Joe six pack, you may be found guilty of bankruptcy fraud should you decide to deceive the bankruptcy court and your bankruptcy lawyer.

If you have additional questions please visit our Seattle Bankruptcy Attorneys  homepage to speak to one of our Washington state bankruptcy attorneys.

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Corporate Infidel Infiltrates the T-Shirt Biz

Posted on February 11, 2011 by Richard Symmes

Symmes Law Group, PLLC is proud to be the legal representative of the new Corporate Infidel T-Shirt Brand marketed to current and ex-military.  You can check out their website at www.corporateinfidel.com or at  http://www.facebook.com/#!/pages/Corporate-Infidel/169590573086827.

If you are in need of assistance with registering your trademark contact Seattle Trademark Lawyer Richard Symmes for more information.

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Washington Supreme Court Upholds Ban on Internet Gambling

Posted on September 25, 2010 by Richard Symmes

The Washington state supreme court last week ruled that the state’s ban on internet gambling is not unconstitutional:  http://www.casinogamblingweb.com/gambling-news/gambling-law/washington_legislature_wins_gambling_ban_case_in_supreme_court_55758.html

The Washington supreme court is likely setting a trend that will affect other states who may have similar state laws that ban internet gambling.  Until the federal unlawful internet gaming act is overturned or updated to allow the United States to profit off of the gaming industry, rather turning that income away, it looks as if people in Washington who want play online poker will be out of luck.

If you have additional questions or are in need of assistance with an important legal matter contact a Seattle Business Lawyer.

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Symmes Law Group, PLLC Launches new website

Posted on September 4, 2010 by Richard Symmes

The Symmes Law Group, PLLC website officially launched last week and can be found at www.bankruptcy-law-seattle.com.

I have decided to return home to Seattle to start this new venture. The Symmes Law Group, PLLC is a Seattle based full service law firm specializing in Consumer Bankruptcy as well as Business, trademark and sports & entertainment law.  Symmes Law Group offers compassionate and dedicated legal counsel in the areas of chapter 7 and chapter 13 bankruptcy as well as in business matters in order to ensure you have a partner in navigating your way through the complex state and federal legal system.

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Colorado Man Runs for President…..of Nigeria

Posted on August 10, 2010 by Richard Symmes

Sam Wantings

When Sam Wantings called me on the phone one afternoon telling me he needed an entertainment lawyer but wouldn’t tell me why I was very much skeptical.  Then when he came to my office telling me he planned to run for President of Nigeria in 2011, well I thought this must be a scam.  After all, scamming people accounts for 92% of Nigeria’s Gross Domestic Product (GDP):  http://www.security-faqs.com/nigerian-government-to-bail-out-email-scammers-as-profits-tumble.html

As it turned out Mr. Wantings, a Colorado resident, was very serious about running for President of Nigeria in 2011 and was looking for legal assistance with his campaign.  Mr. Wantings paid me a visit he demonstrated enough to show me that he was for real, so I decided to assist Mr. Wantings and follow him down the rabbit hole and see where this thing went.  In the last few months Mr. Wantings has been drumming up funding for his campaign in Colorado as well as around the United States before he returns to Nigeria.  His goal is to rid Nigeria of corruption and partner with U.S. companies to help rebuild his country should he get elected to a position of leadership.  To read more about his campaign you can visit his website at:  http://nigerianpresident2011.org/ and be sure to check out his article in the Denver Post:  http://www.denverpost.com/recommended/ci_15596432.  Good luck on the campaign trail Sam!

For more information regarding this article contact the Symmes Law group, PLLC.

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Limewire: Last of the Major Peer-to-Peer File Sharing Programs Gets Shut Down

Posted on May 13, 2010 by Richard Symmes

Kimba Wood, a Federal judge in New York recently ruled in favor of major record companies and agreed that LimeWire, a peer-to-peer file sharing program,  is infringing on their Copyrights.   The court ruled that “LimeWire’s corporate parents and backers, Lime Wire LLC and Lime Group LLC, had violated common-law copyright laws, had induced users to infringe copyright law, and had committed “vicarious” copyright infringements,” http://blogs.wsj.com/law/2010/05/12/copywrong-kimba-wood-squeezes-the-juice-out-of-limewire/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wsj%2Flaw%2Ffeed+%28WSJ.com%3A+Law+Blog%29&utm_content=Google+Reader

For an estimated 1.7 million households that use the peer-to-peer file sharing program, they will have to find a new way to download music illegally.  Users who partake in downloading music illegally will most likely continue to do so through torrents and programs like bit torrent.  A bit torrent is a form of peer-to-peer file sharing that downloads bits of information from several different sources, making it impossible to have one source for the information.  You can read more about torrents here:  http://netforbeginners.about.com/od/peersharing/a/torrenthandbook.htm

For more information on this article contact Seattle Trademark Attorney, Richard Symmes.

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Why You Should Protect Your Trademarks Online and on Social Networking Sites

Posted on December 5, 2009 by Richard Symmes

A recent article by Brian Winterfeldt of the National Law Journal caught my eye.  http://www.law.com/jsp/article.jsp?id=1202435924630&rss=newswire.  The article discusses how trademark owners must adapt to protecting their brands online and more particularly on social networking sites such as Facebook and Twitter.

Business owners should always be aware how their brands are portrayed online, particularly with social networking sites.  Businesses need to monitor these sites as many of their consumers are most likely users who are using social networking sites and the internet.  The web may provide grounds for “the sale of counterfeit goods and services, trademark infringement, using the brand or company name in a derogatory or defamatory manner, using the brand name in conjunction with false or misleading information and impersonating company personnel.” http://www.law.com/jsp/article.jsp?id=1202435924630&rss=newswire  With the variety of rampant infringement that exists, a company needs to be aware of their online presence so that they may prevent this type of infringement and take legal action if necessary.

It should be noted that although a trademark may be used illegally, a trademark may be used legally through the First Amendment and fair use.  Fair use allows for the use of another’s trademark for news, opinion, or educational purposes among other things.  Just because somebody uses a businesses trademark does not necessarily mean they are doing so illegally.  So to all business owners, if you are not monitoring your online trademark presence why not start now?   Happy Monitoring!

For more on this topic, contact the Seattle Trademark Lawyers at Symmes Law Group, PLLC.

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