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DLTS Law Blog

Real Estate, Business, Personal Injury & General Law.

Kylie v. Kylie

kylie v kylie

By Anthony Hazard - Cal Western School of Law Class of 2016 KYLIE. In the beginning there was one. For over two decades, Kylie Minogue claimed the name, rising to fame as an international pop star. Beginning in 1987, the Australian singer has built her brand, transitioning into a "fashion icon, designer, entrepreneur, actress and philanthropist." For the past ten years Minogue has held the registered trademark for "Kylie Minogue," "Kylie Minogue Darling," "Lucky-The Kylie Minogue Musical," and "Kylie" in the class for entertainment/music recordings. However, Minogue's reign as the the worlds most famous Kylie is under siege by the youngest...

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Daily Fantasy Football Under Assault by State Governments

fantasy football

By Michael Licari In a move that should surprise no one, state governments in New York and Nevada have classified Daily Fantasy Sports sites such as FanDuel and DraftKings as illegal gambling. The billion-dollar daily industry has grown substantially over the last several years, but it wasn't until FanDuel decided to run commercials non-stop which declared, albeit nonsensically that FanDuel was giving away a billion dollars this football season. Enter the government. New Yorl's Attorney General, Eric Schneiderman in an obvious power grab with an eye on furthering his political career, deemed Daily Fantasy Sports gambling that is preying on the weak...

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The Key to Large Personal Injury Recovery Against Drunk Drivers: Punitive Damages

drunk driver

By Narek Mnatsakanian Every day, nearly 30 people die in car accidents that involve a drunk driver.[1] That is one death every 48 minutes, which costs taxpayers approximately $51 billion annually.[2] Most tragically, about half of these deaths are child passengers under the age of 14.[3] MAAD estimates that nearly 300,000 incidents of drunk driving occur every day and these incidents lead to approximately 10,000 fatal crashes, a frightening number that lawmakers and law enforcement struggle to combat and contain.[4] Likewise, this up-hill battle against drunk driving for lawmakers and law enforcement has proved most challenging in San Diego. San Diego County has...

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Marvin Gaye v. Robin Thicke and Pharrell

music

“Got to Give it Up” v. “Blurred Lines”: Jury Returns $7.3M Verdict Against Robin Thick and Pharrell Williams for Copyright Infringement By Taylor Marks As quoted by Isaac Newton, “If I have seen further, it is by standing on the shoulders of giants.” This quote should be a copyright caveat that performers cannot simply stand on the shoulders of their predecessors and claim their ascendance to great heights as their own. The end of year 2013 gave rise to a litigation battle between the children of the influential American singer-songwriter, Marvin Gaye, and the 21st century pop culture stars, Robin Thick, and Pharrell...

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Unfair Wages for Minor League Baseball Players

minor league baseball

By: Chelsey Guay - DELT Law Clerk - Thomas Jefferson School of Law Class of 2014 Three former minor league baseball players are suing Major League Baseball (MLB), MLB Commissioner Bud Selig, and each of their former teams (San Francisco Giants, Kansas City Royals, and Miami Marlins) in U.S. District Court for the Northern District of California for violations of wage and overtime laws. The three hope to expand their suit to a class action lawsuit on behalf of many other minor league players. The data seems to back up their claim. While the minimum salary in MLB is $500,000, most minor...

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Dumb Starbucks: Who’s the “Dumb” One?

starbucks

By: Matthew Lloyd On Friday February 7, 2014 a mock coffee shop parodying Starbucks Coffee opened in Los Feliz, California under the name "Dumb Starbucks Coffee." Although the store considers itself an "art gallery," the store offers various coffee drinks such as a "Dumb Frappuccino," a "Dumb Blonde Roast," and a "Dumb Iced Coffee." The store even displays fake CDs (which apparently are not for purchase) including the album "Dumb Jazz Standards." See Photo Here: https://twitter.com/dumbstarbucks/status/432213809315315714/photo/1. Not surprisingly, Starbucks Corporation has taken note of this operation and sent a cease and desist letter to the Los Feliz coffee shop under the grounds...

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Special Needs Trusts: Protecting Your Loved One’s Financial Future

family trust

Special needs trusts are important tools to protect the assets of a disabled child, spouse, relative or friend. In most cases, parents establish a special needs trust to protect their disabled child in the future when they are gone. Many older couples also set up special needs trusts for their elderly surviving spouse. These types of trusts are known as third party special needs trusts because they are funded with assets belonging to a person other than the beneficiary (the disabled person). Special needs trusts are used as an important instrument to retain a disabled person's eligibility for government benefits for...

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Tiered Winery Ordinance Amendments

winery

San Diego Zoning Ordinance Section 6910 By: David McCuaig On Friday, January 17, 2014 David McCuaig, Esq. and Matthew Lloyd, Esq. attended the San Diego County Planning and Development Services ("PDS") workshop regarding the proposed Tiered Winery Ordinance Amendments to San Diego Zoning Ordinance section 6910. The original ordinance, which was adopted on August 4, 2010, was designed to promote the development of agricultural vineyard operations in unincorporated San Diego County. The most important component of the ordinance was the creation of a "Boutique Winery" tier, which allowed small winery operations (less than 12,000 gallons) on zoned agricultural land to operate tasting...

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Happy New Year! How 2014 Will Be Different for Californians

2014

Happy New Year! How 2014 Will be Different for Californians A new year means new changes. Californians will witness more than 800 new laws take effect in 2014. Many of these laws took effect on January 1st, while others will take effect in July. As of first of year: Under the Domestic Workers Bill of Rights, housekeepers, nannies and caregivers must be paid overtime for working more than 9 hours a day or 45 hours in a week. Employers are prohibited from punishing or retaliating against workers on the basis of their immigration status. Qualified lawyers can be admitted to practice law regardless...

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Negotiating a Commercial Lease

business lease

Negotiating a Commercial Lease By Anna Savino One of the first important steps in opening a business is finding the right location because the success to any business is "location, location, location." Business owners should investigate different areas to locate the appropriate location that will best fit the business's needs and goals. Once the business owner settles on a location, business owners should contact landlords or leasing agents regarding the spaces he or she is interested in and ask for proposals. Owners are better equipped to feel out the area and know which provisions are more comparable and negotiable to the spaces...

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