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Business 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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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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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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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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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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2013 Law Requires Employers to Create Written Commission Agreements

contract

By: Matthew Lloyd On January 1, 2013 Labor Code Section 2751 became effective California Law, requiring employers to reduce commission agreements to a writing in order to protect employees from fraud and abuse, and protect employers from unnecessary litigation. Section 2751 applies to all employers who have employees who are in California who receive a commission even if the commission represents only a portion of the employee's compensation. THE LAW Section 2751(a) states: "Whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated method of payment of the employee involves commissions,...

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The Importance of Business Agreements from the Very Beginning of Formation

contract

By Anna Savino When forming a business with a business partner or multiple partners, defining the relationship between the partners and the business is extremely important. From the very beginning, business partners must determine the type of entity they wish to form, which protections they wish to provide to each other and to the corporation, how they want the corporation to be taxed and how they wish the business to be managed. Business partners should discuss each of the foregoing matters and include them in a written agreement. These written agreements become fundamental documents governing the conduct of business affairs, establish...

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The Tax Advantages of the Affordable Healthcare Act for Small Businesses

aca

By Daniel Halimi - Delt Law Clerk - Cal Western Class of 2014 Small business owners have received the Affordable Care Act– AKA "Obamacare" with great confusion and reluctance.[1]These fears, however, are often misplaced. With careful consideration, small business owners may realize win-win benefitsby taking advantage of the ACA. The ACA's purpose is to encourage small business owners to offer health insurance coverage to their employees.[2]Although an estimated 4 million business are eligible under the ACA, only half of all businesses with three to nine workers offered employees insurance in 2012.[3] To be eligible under the ACA, the small business must employ fewer...

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