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Former Major Leaguer, Dykstra Allegedly Commits Bankruptcy Fraud

Posted by - Richard Symmes

Lenny Dykstra

When filing for bankruptcy it is imperative that you disclose all of your assets and income to your 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 bankruptcy attorney homepage to speak to one of our Washington state bankruptcy attorneys.

Washington Supreme Court Upholds Ban on Internet Gambling

Posted 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.

Symmes Law Group, PLLC Launches new website

Posted by - Richard Symmes

The Symmes Law Group, PLLC website officially launched last week and can be found at www.symmeslaw.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.

Colorado Man Runs for President…..of Nigeria

Posted 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.

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

Posted 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

If you have additional questions please fill out the contact form to schedule an initial consultation today.

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

Posted 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!

If you have additional questions please fill out the contact form to schedule an initial consultation today.

WWE Lays the Smackdown When Protecting It’s Trademark

Posted by - Richard Symmes
WWE

WWE

World Wrestling Entertainment Inc. “WWE” has sent a cease and desist letter to the Philadelphia Wine School for using the trademarked word “Smackdown” in advertising an event at the school.  The wine school has advertised that it will be holding a Sommelier Smackdown for a food and wine pairing competition it has held since 2007.   The WW is claiming that the school has infringed upon their trademark and the school should be forbidden from using the word Smackdown.  http://www.law.com/jsp/article.jsp?id=1202434525206&rss=newswire

In order for trademark infringement to occur the WWE will have to prove that the average person would confuse the Sommelier Smackdown with the WWE’s Smackdown and that the WWE has suffered a financial loss because of the use of the trademark.  I find it very hard to believe that a food and wine pairing competition can be confused with a bunch of large shirtless wrestlers in spandex hitting each other over the head with folding chairs.  Furthermore the only financial gain from the event will most likely be from attendees of the event which will be minimal.  Therefore the wine school would have a good case if they decided to challenge the trademark infringement claim.  However, because litigation is an expensive endeavor for both parties, the wine school will most likely back down and let the WWE lay the Smackdown on enforcing their trademark even though the school has a very good chance of winning of the case went to court.

It is sad that large companies are this adamant about protecting trademarks, even if the trademark is being used for a fun and educational purpose for very little profit.  This claim is ridiculous and paper should not have been wasted to bring the claim or cease and desist letter.  Let the people have their fun, a potential claim will rack up lawyer fees which will be much more expensive than any judgement the WWE could win in this case.  The WWE and other large corporations need to find something better to do with their money than make frivolous claims that waste the courts time.

If you have additional questions please fill out the contact form to schedule an initial consultation today.

Eminem Sues Apple(iTunes) for improperly using his music

Posted by - Richard Symmes
Eminem

Eminem

Rapper Eminem is in the legal news once again with his record label Eight Mile Style alleging that Apple Inc. did not have a license to reproduce and sell 93 Eminem songs in which Apple has allegedly made $2.58 million from the iTunes downloads.  http://www.law.com/jsp/article.jsp?id=1202434110176&rss=newswire

Eight Mile is arguing that Eminem’s contract with Aftermath (his old record label) did not authorize Apple to make his music available for download on iTunes.  Apple has argued that they have paid Eight Mile Style 9 cents per download via iTunes and have done nothing wrong.  If Eight Mile comes out victorious, Apple may be ordered to pay significant damages for illegally allowing  the music to be available for download.  A ruling in Eight Miles favor could also cause distributors such as iTunes to be much more careful in the future, i.e. put in safeguards to make sure that distribution companies actually have the right to reproduce music and make it available for download.  On the flip side, a ruling for Eight Mile could cause potentially unnecessary extra procedures in making music available for download since most musicians would like to profit from the services that iTunes offers.  iTunes has every intention of compensating the musicians who may not otherwise be able to make significant profits from music sales any other way. Downloading albums and songs has now become the most common way for fans to obtain music with actual hand held album sales declining every year.

UPDATE 10/2/09 – Eminem and Apple settle lawsuit with Apple paying out an undisclosed amount of money:  http://www.sohh.com/2009/10/eminems_publisher_settles.html

If you have additional questions please fill out the contact form to schedule an initial consultation today.

Who Decides Who can Own a Professional Sports Team; a Sports League or a Court of Law?

Posted by - Richard Symmes

CoyotesAn interesting case coming from the NHL will most likely decide whether a sports league or a court of law may decide who may purchase a professional sports franchisehttp://www.law.com/jsp/article.jsp?id=1202433401660&rss=newswire

The Phoenix Coyotes of the NHL filed for bankruptcy earlier this year in which the bankruptcy court will decide whether Jim Balsillie, a wealthy businessman from Canada, may purchase the team.  If Balsillie is successful he intends to move the team to Hamilton, Ontario, Canada, a move that the NHL apposes.   Balsillie had previous run ins with U.S. regulations and NHL owners have already voted 26-0 in favor of not allowing Balsilli to own an NHL team.

“Balsillie and the NHL have accused each other of negotiating in bad faith.  Balsillie claims NHL Commissioner Gary Bettman holds an unreasonable grudge against him, while the NHL has claimed Balsillie is hurting the value of the Coyotes by smearing greater Phoenix as a hockey market.” http://www.law.com/jsp/article.jsp?id=1202433401660&rss=newswire.  Balsillie currently has placed the highest bid for the franchise at $212.5 million while other lower bids have been placed by the NHL and private investors group entitled Ice Edge Holdings who bid $150 million.  Creditors of the Coyotes are hoping that Balsillie is allowed to purchase the team so that they can recoup the debts owed by the Coyotes.

Generally a sports league and other owners in the league must approve a new owner and an owners request to move a franchise.   The reason behind this is that most leagues engage in profit sharing among the franchises.  If the current owners do not feel that a new owner will be profitable for the league or the owner wishes to move a team to a new smaller market location, the rest of the league and franchises may lose money.   In this case, a judge must weigh whether paying off the Coyotes creditors is more important than current NHL rules and potential damage to the NHL brand.  Even if Balsillie is allowed to purchase the team I don’t think the court can force the NHL to approve moving the franchise.  The ruling on whether Balsillie can continue to be a bidder for the franchise is expected on September 2, 2009 and the team is expected to be sold on September 10, 2009.  The outcome of this case will have an impact on all other major sports leagues in the future.

UPDATE 10/1/09 – Bankruptcy judge Redfield Baum rejected Canadian billionaire Jim Balsillie $242 million bid for the Phoenix Coyotes, concluding that it would interfere with the league’s relocation rights and procedures.  http://sports.espn.go.com/nhl/news/story?id=4520635

For more on this top please contact Seattle Bankruptcy attorney, Richard Symmes

Will former NCAA Athletes be allowed to Profit from the NCAA for the Use of their Own Name and Likeness in the Future?

Posted by - Richard Symmes
Ed O'Bannon

Ed O’Bannon

In what would be a change of NCAA policy, former NCAA athletes may soon be entitled to receive compensation for the use of their name or likeness.  Currently, former NCAA athletes are not allowed to gain royalties from the NCAA whenever the organization or member schools use athletes names or likenesses for profit on items such as video games, DVD’s or promotional items.  When an NCAA athlete signs on with a school to participate in athletics, they must sign a waiver, giving the NCAA the rights to the name, image, and likeness while they are a student athlete and beyond.  Former UCLA basketball player Ed O’Bannon aims to challenge this policy and gain royalties for all former football and basketball student athletes from the past and future in the class action lawsuit Ed O’Bannon v. NCAA filed in U.S. District Court for the Northern District of CaliforniaFor a full discussion about the case see Michael McCann’s article at:    http://sportsillustrated.cnn.com/2009/writers/michael_mccann/07/21/ncaa/index.html

The NCAA’s main arguments will be, if the former players are compensated for the use of their image and likeness, it would go against the NCAA’s policy of having amateur athletes, that the athletes waived their rights when they signed the required NCAA forms, giving the NCAA the rights to the images and likenesses and that if the players did not wish to play for an NCAA institution they had a choice not to sign the required forms.   O’Bannon will argue that this case is only involving former student athletes who are no longer are bound by the NCAA bylaws and that the forms giving the NCAA the right to all images and likenesses violate the governments Sherman Act due to a restraint in trade.

This case will set a precedent for all future and past NCAA athletes.  Both sides have valid arguments and I am sure the all present and future NCAA athletes will be watching closely as they all have a vested interest in the outcome.

 

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