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New Jersey Entertainment / Sports Questions & Answers
1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Can u parody oompa loompa song for an ad on a new product that has nothing to do with the song. Title rhymes w product.
James L. Arrasmith
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answered on Mar 5, 2024

Parodying a song for commercial purposes requires careful navigation of copyright and trademark laws, even when the intent is to create a humorous or satirical advertisement. When you consider using a melody or lyrics similar to the "Oompa Loompa" song from "Charlie and the Chocolate... View More

1 Answer | Asked in Banking, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Music NFTs

I own a music catalogue and want to make "music nfts" and sell them via Open Sea"? They would be sold only as collectibles with no promise of upside. Would the SEC look at them as securities?

James L. Arrasmith
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answered on Oct 11, 2024

If you're selling music NFTs as collectibles without any promises of profit or financial returns, the SEC is less likely to classify them as securities. The key factor is whether buyers are investing with the expectation of earning something in return. Since your NFTs are purely for collecting... View More

1 Answer | Asked in Tax Law, Entertainment / Sports and Gaming for New Jersey on
Q: I need legal guidance on prize distribution and tax compliance for U.S. players in an skill based esport tournament

I'm developing a battle royale game similar to PUBG or Fortnite with Free-to-Play and Pay-to-Play tournament modes. In the Pay-to-Play mode, players pay a $50 registration fee, creating a $5,000 prize pool. Prizes include $1,000 for the winner, and $25 per kill and $30 per headshot, awarded... View More

James L. Arrasmith
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answered on Sep 25, 2024

In the U.S., you are generally required to issue a 1099-MISC form to players who earn $600 or more in a calendar year from your tournament. While you can include a disclaimer in your terms making players responsible for reporting and paying their taxes, the burden of reporting still falls on you... View More

3 Answers | Asked in Entertainment / Sports, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a LLC for 'clothing'. Do I need an additional LLC to trademark the same name for 'Entertainment' purposes?

Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 25, 2020

No, you can one LLC for both your clothing line and your entertainment line.

However, you should get your federal trademark in two classes, one class for your clothing products, and one class for your entertainment products.

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3 Answers | Asked in Entertainment / Sports for New Jersey on
Q: I need an entertainment attorney to look over a music feature contract that is 9 pages long. I have a budget.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 6, 2018

Good lawyers are never cheap and generally cheap lawyers are never good. If the contract is important to you never skimp on a lawyer. Remember in life in general, including lawyers you get what you pay for. As for the contract in general most lawyers know contract law as it is first year law... View More

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1 Answer | Asked in Divorce and Entertainment / Sports for New Jersey on
Q: My friend's divorce procedure has been in court for almost a decade. What can she do?

I'm asking this question on behalf of a dear friend. She is a woman whom the state of New York has declared disabled. She has gone though two brain surgeries. In the years the trial has dragged on the arrears owed by her husband (who works in the entertainment industry) has amassed to... View More

Bari Weinberger
Bari Weinberger
answered on Oct 2, 2017

Hello and thanks for asking your question for a friend. It is a shame that this situation has dragged on for so long and it is surely something that should be avoided if at all possible. It is really very difficult to answer you with an great specificity without knowing all the ins and outs of your... View More

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Starting a sports league with a unique format. Can Intellectual property help protect the format from being copied?

I have a concept for a track and field league that I'm putting together with a unique format. Before I put it fully together I wanted to know if I could protect the idea so it can't be copied by others. It's a different system then a normal track meet .The events will be the same but... View More

Will Blackton
Will Blackton
answered on May 16, 2017

I will not speak to patent protection, as that's outside of my practice area. Copyright law will protect the expression of your ideas or rules, that is, the creative organization of words used to write the rules, but not the underlying ideas or rules themselves. Trademark law will protect... View More

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1 Answer | Asked in Entertainment / Sports and Personal Injury for New Jersey on
Q: I was filmed without my knowledge for a today show segment. I never signed a waiver but appeared in the segment.

The segment recently aired. Do I have any recourse?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2016

Without knowing more facts, it is hard to determine the answer. But if you did have a legitimate case (I'm not saying you do)

you can expect to pay an attorney a retainer of at least $2,500 to $5,000 just to take the case. Good luck.

1 Answer | Asked in Entertainment / Sports and Intellectual Property for New Jersey on
Q: How much does trademark cost
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

http://www.trademarkplus.com/promo/trademarks/trademark-cost-of-trademark-name.asp?afid=g109

That is just one result from a simple internet search.

1 Answer | Asked in Entertainment / Sports for New Jersey on
Q: Can I enforce a sports bet that I won against another individual in new jersey?
Jonathan Rudnick
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answered on Dec 23, 2010

No. This contract is void as against public policy and the courts will not enforce the contract.

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