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2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Entertainment / Sports on
Q: Do I need parents to sign indemnity forms when children are in my arcade area of a restaurant?

I am hiring a space and offering youth a social area. Should parents sign an indemnity?

Will I need to take out 3rd party insurance or will this fall under the establishments insurance?

Thank you!

Kelly

Tim Akpinar
Tim Akpinar answered on Oct 1, 2020

Because of public policy considerations, such agreements (as a general matter nationwide) are not as effective as many people believe. You should consider discussing this in greater detail with your attorney and your insurance broker. The second part of your question could depend on the policy.... Read more »

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1 Answer | Asked in Entertainment / Sports on
Q: if i want to name a musical band tri trumpherant is it available?
Timothy John Billick
Timothy John Billick answered on Sep 29, 2020

There are no US federal trademark records for this EXACT phrase as of the date of this writing. However, you should reach out to a skilled trademark lawyer to do a more fulsome search to see if someone else is using the mark but just hasn't gotten around to filing for a US registration.... Read more »

1 Answer | Asked in Entertainment / Sports on
Q: if i want to name a musical band "Q Trumpherant" is it taken or available?

if i want to name a musical band "Q Trumpherant" is it taken or available? I want to register it as my musical band's name.

Timothy John Billick
Timothy John Billick answered on Sep 29, 2020

Hello,

There are no US federal trademark records for this EXACT phrase. However, you should reach out to a skilled trademark lawyer to do a more fulsome search to see if someone else is using the mark but just hasn't gotten around to filing for a US registration. "Common...
Read more »

1 Answer | Asked in Copyright, Criminal Law, Collections and Entertainment / Sports for Texas on
Q: I want to know how long can a company hold something of yours before it's considered theft?

I landed a drone in nrg parking lot when they were closed. The drone messed up and did an emergency landing. They took my drone and told me they wanted to check the footage then they would return my drone the next day. The next day which was september 16 they kept give me the run around. I found... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 21, 2020

Unfortunately, it might not ever be released if it is evidence against you. You may have both civil and criminal liability for the use of the drone, and it is a more serious crime if the facility is classified as critical infrastructure. Your best bet is probably to convince Joe Walters that you... Read more »

1 Answer | Asked in Entertainment / Sports for New York on
Q: For Assumption of Risk and Release forms, do you need to have an LLC or an Inc to be legally binding?

I am a producer on a film production that is following COVID-19 guidelines for the set. We are requiring cast/crew sign an Assumption of Risk and Consent/Release forms. Most templates have an agreement between the individual signing and the "Company." As the director does not have a... Read more »

Jason Brooks
Jason Brooks answered on Aug 27, 2020

The short answer is no, you don’t need to be a legal entity to contract in this manner. But... Your question raises some potential red flags that aren’t easily discussed in this Q&A forum. I think you would benefit by by seeking the direct advice of an attorney here. If you would Like to... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Entertainment / Sports and Municipal Law for Florida on
Q: My son fell out of a tree and was seriously hurt at a park in Lake Worth Fl. Can the park be held accountable?

Broken L4 & L5, broken Rt Hip with surgery, shattered pelvic bone with Pelvic Ring insertion surgery

Charles M.  Baron
Charles M. Baron answered on Aug 6, 2020

So sorry to hear about your son's injuries. The local government that owns the park could be liable depending on all the facts and circumstances. The issue is, what did the park or government staff do WRONG; how is it their fault? If you are asking if they are AUTOMATICALLY liable for any... Read more »

1 Answer | Asked in Entertainment / Sports for Tennessee on
Q: is there a form that i need to fill out so i can get a fishing lic in tenn if i am disabled for less money
Paul E. Tennison
Paul E. Tennison answered on Aug 4, 2020

I recommend you review the TN Wildlife Resources Agency information regarding fishing licenses at this website https://www.tn.gov/twra/license-sales/fishing-licenses.html or give them a call at 615-781-5270. Good luck!

1 Answer | Asked in Business Formation and Entertainment / Sports for California on
Q: I need the services of a lawyer to review a 4 page LLC agreement for an entertainment project.
Jason Brooks
Jason Brooks answered on Jul 29, 2020

I’d be happy to help. Email me at: jason@altviewlawgroup.com and we can set up a time to discuss this week.

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Missouri on
Q: Would I be able to write a musical titled, “Danny Phantom the Musical” and use the likeliness of the characters?

I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... Read more »

James D. Williams
James D. Williams answered on Jul 26, 2020

The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s).... Read more »

1 Answer | Asked in Consumer Law, Business Law, Entertainment / Sports and Gaming for California on
Q: What's a precedent r/t purchasing in-game items, when $ spent and devs remove items and replace w inferior items?

I purchased an in-game package. After purchasing, developers removed all items purchased and replaced with inferior items, saying original pack was erroneously released. I would not have spent money at all on the inferior items they replaced my purchase with. They have a strict "All sales are... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Sorry your product did not meet your expectations. This is a consumer/contract law question and the supplier failed to provide the product you contracted for. It sounds like you bought this online, so you must have paid with a CC. You should contact your CC company and create a dispute over the... Read more »

1 Answer | Asked in Entertainment / Sports for Illinois on
Q: My account has been suspended from the service Venmo, and they refuse to tell me why. I did not violate their terms.

I was randomly barred from using the service and after reaching out to them they said I violated their terms. They refuse to tell me what I did that violated their terms. They say they deemed my account “high risk” and will not tell me why, I barely used the service and for agreeable and... Read more »

George W. Svoboda
George W. Svoboda answered on Jun 29, 2020

Unfortunately, they can choose not to do business with you and terminate the agreement. They do not need to explain why in most cases. You posted this under entertainment / sports. Did you use the account for gambling? That is against their TOS. If you have evidence your account was hacked, you can... Read more »

1 Answer | Asked in Consumer Law, Communications Law and Entertainment / Sports for Minnesota on
Q: Can the news media be sued for causing fear, anxiety and other mental health issues due to the way the news is written?

In speaking with others, I find that watching the news causes me anxiety and extreme fear by the way it is delivered to us consumers. There is no way to know what is being reported is true. It can be argued that the reporting of the events surrounding police shootings are fueled by the media and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

NO. The news media are subject to certain immunities for the fair reporting of events that occur. You cannot sue them for that. You would have to show that they targeted you, personally, with the news coverage.

I share your pain about the reporting of current events, but you still...
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1 Answer | Asked in Entertainment / Sports for New York on
Q: My friend and I would like do to a podcast and title it garbage plate sports. Can we use this?
Tim Akpinar
Tim Akpinar answered on Jun 12, 2020

You could add Trademark Law to your categories. There's no guarantee all questions are picked up, but your post remains open for two weeks. Trademark attorneys have insight into issues that could arise in using a given name for an organization, business, or other purpose.

Tim Akpinar

3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Yes. And, we can help:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

A Gold Standard in IP for a Competitive Entrepreneurial...
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2 Answers | Asked in Copyright and Entertainment / Sports for Virginia on
Q: Can I use an actual news broadcast for a fictional movie??

I’m writing a YouTube episodic and wanted to use a few actual news broadcasts in the promo trailer. The show is a work of entirely fiction just loosely based on real life. I would be using less than 30 seconds of each broadcast.

Barbara Berschler
Barbara Berschler answered on May 22, 2020

The news broadcast itself is protected by copyright. You would need to get the permission of the owner of the copyright in the broadcast. You may be able to negotiate a licensed use for your fictional work. Best to work through a copyright counsel.

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for California on
Q: Semi-famous relative passed away.

While family was occupied with final arrangements/grieving, a third party filed for licensing to the name and image my relative went to extreme lengths to protect in life. So now essentially this person owns my relative. The family does not have the financial resources for a court battle. We simply... Read more »

Barbara Berschler
Barbara Berschler answered on May 18, 2020

My understanding is that California has strong laws that protect the Right of Publicity (right to exploit one's fame for famous people) and Right to Privacy. It would be good to get advise from a California attorney familiar with these 2 torts. The laws may allow you to collect... Read more »

2 Answers | Asked in Contracts and Entertainment / Sports for New York on
Q: Can I sue an entertainment company for not giving me copies of my daughter baptism?

I have hired a company for photography and video to record my daughters baptism around June 2018. I paid half of there contract. Until they gave me everything I would pay full. It is 2 years and they dont answer my text, email, or phone calls. This is not fair because I do not have one single photo... Read more »

Michael David Siegel
Michael David Siegel answered on May 17, 2020

When the courts reopen you can sue. Likely a small claims type case.

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Am I allowed to use a verbally spoken speech or spoken poetry in my music?

I'm currently working on a soundtrack and considering using a verbally spoken speech.

Evelyn Suero
Evelyn Suero answered on May 12, 2020

If the speech or poetry does not belong to you, then you will need to obtain permission/license from the copyright owner in order to incorporate this intellectual property into your soundtrack.

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Louisiana on
Q: Will I run into trademark copyright issues by including "there's no place like home" in my event slogan?

I am helping host an event and we would like to use the slogan: "There's no place like home, and no taste like gumbo".

Furthermore, would the slogan: "There's no taste like gumbo", paired with a yellow brick road and red shoes for an event logo, cause any problems?

Bill Hulsey
Bill Hulsey answered on May 1, 2020

Probably not

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Public Benefits for Florida on
Q: Does our local Chamber of Commerce own our communities local "Pageant"?

We have a pageant that has been in our community for over 30 years! Its never been filed as an official entity or organization. It has always been ran by different volunteers within the community. I know for several years our local Chamber sponsored the pageant. Then there was a issue with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

You definitely need to consult with an attorney.

Anybody can own a pageant and call it anyway they want.

The question is whether it is exclusive, and if what you do, your work, is owned by somebody else.

Check if they ever signed or got a contract from somebody.

Even...
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