Nashville Entertainment Attorney-RIAA Wins in Copyright Infringement Suit Against Limewire

Nashville Entertainment Attorney

In what is sure to be regarded as a landmark decision (if the decision stands) that changes the manner in which people get their music via technology, a Southern District of New York Court granted the music industry’s summary judgment  claim that Lime Group, parent of LimeWire software maker Lime Wire (a p2p file-sharing website), and founder Mark Gorton committed copyright infringement, engaged in unfair competition, and induced copyright infringement.

“The evidence demonstrates that [Lime Wire] optimized LimeWire’s features to ensure that users can download digital recordings, the majority of which are protected by copyright,” the Court stated. “And that [Lime Wire] assisted users in committing infringement.”

Limewire, in addition to many other p2p sites, has long argued that its p2p site offers users many valuable non-fringing uses. The Court rejected this argument based on evidence showing that 98.8% of files actually requested for downloading were, or were highly likely to be, infringing.

Nashville Flood – Questions and Advice – Nashville Attorney John Jay Clark

Today I was interviewed on several nashville radio stations, specifically, 92Q, 97.1 and 99.7 regarding numerous legal issues related to the Nashville Flood. I was impressed by the number of questions that I recieved both on air and by the hosts. Based upon this, I wanted to make a few resources available to people.

What should you do if your home or property was affected by the storm and/or flood?

1. First locate your insurance policy, if you cannot find it, call your insurance company and get a copy as quickly as possible.

2. File a claim even if you dont think it will be covered. Many of the federal grant and relief programs require that you file a claim with your insurance company.

3. File an application for disaster relief with FEMA. Go to www.fema.gov and/or www.disasterassistance.gov. Here you can complete the applications that are necessary to get the process started.

Of course, if you have questions about the numerous forms and documents that need to be completed contact a trusted legal professional to help you through the process. To help find a legal professional to assist you with the process you can go to www.gordonlawgroup.com or to the Nashville Legal Line.

Nashville Trademark Attorney-Nashville Entertainment Attorney

Nashville Trademark Attorney/Nashville Entertainment Attorney

Trademark Dilution

Trademark dilution occurs when the uniqueness of a famous mark is diluted or lessened in the eyes of the  public. Trademark dilution is different from traditional trademark infringement in that in an action for trademark dilution one does not need to show a likelihood of confusion in order to be successful in a court of law. Rather, the plaintiff in such an action must demonstrate that his/her mark is famous, and that the actions of the defendant dilute the distinctive quality of the mark.

In dermining whether or not a mark is “Famous”, the Courts routinely look at the following factors as laid out in the Federal Trademark Dilution Act:

The duration and extent of use of the mark;

The duration and extent of advertising for the mark;

The geographic area in which the mark has been used;

The degree of distinctiveness of the mark (either through the nature of the mark itself, or through acquired distinctiveness);

The degree of recognition of the mark;

The method by which the product was distributed and marketed (the “channels of trade”);

The use of the mark by third parties; and

Whether the mark was federally registered.

Once a mark has been deemed “Famous”, the Plaintiff will then need to establish dilution under one of the following two categories:

“Blurring”, by which the connection in consumers’ minds between the plaintiff’s mark and the plaintiff’s goods or services is weakened; or

“Tarnishment”, which means that the defendant’s use is unsavory or unwholesome, or the mark is used in connection with inferior products (http://www.bitlaw.com/trademark/dilution.html)

Gordon Law Group, Recent Review, John Jay Clark, Sr.

This post was recently added to the Gordon Law Group, PLC, Google Local Page.

By V. Lamport Prior to my case being turned over to John Clark, I was very dissatisfied with my attorney at Gordon Law Firm. I felt as if I were forgotten about after my initial payment for services was given. Afterwards, it was impossible to get a clear answer about any question I had regarding my case. I was even responsible for gathering information to prove I had a case. I did as the attorney requested even though the firm was to aquire a large amount of my settlement if I had a winning case. Approximately two years after my initial contact, I received word that I had been assigned a new attorney. Finally, I could actually feel relief just by the professionalism and the concern in the voice on the other end of the line. My immediate thought was, “Thank God, my prayer has been answered”! Since that day, I have been treated with the utmost respect from my attorney as well as his partners. My introduction with Attorney John Jay Clark, was to say the least, very pleasant.

He apologized for the actions of the previous attorney and assured me that if I chose to allow him to handle my case he would do everything in his power to help me. I feel I am a good judge of character and I immediately felt that John Clark was the man for my case. Attorney John Clark has offered nothing but the greatest concern and help for not only one case, but several cases for me, with two being emergency situations. He is working to resolve a case for me now and has gone to great lengths to see that my best interest is satisfied. And thanks to Kelly, his very courteous and helpful receptionist, my messages and concerns are delivered accurately and I receive either a response from her or a call from my attorney in a timely fashion. I am confident that future legal matters I may have will be met as long as John Clark is serving others with his exceptional legal advice along with his partners. I highly recommend the staff at Gordon Law Group.  Gordon Law Group, Nashville, Tennessee Attorneys, John Jay Clark, Sr.

Nashville Entertainment Attorney-New Nashville Music Label

Nashville Entertainment Attorney

BREAKING NEWS- EMI Music has officially announced its decision to open a second Nashville-based label to serve as a sister label to EMI’s Capitol Nashville. The new imprint label will be called EMI Records Nashville, and has already signed Arizona-born singer/songwriter Troy Olsen as its first artist.

Despite EMI’s recent, well-publicized financial and legal troubles, EMI has derived a great deal of commercial success from its Capitol Nashville artists (Lady Antebellum, Keith Urban, Dierks Bentley, Darius Rucker, Luke Bryan and Eric Church).

EMI Music Nashville’s executive staff is expected to be announced in the very near future.

Nashville Entertainment Attorney- 360 Deals

Nashville Entertainment Attorney

360 Deals

Under the traditional record deal model, the record label, for the most part, earned and recouped monies from album sales. Over the past decade, however, many labels have sought to take on a more active role in developing the artist as a brand name. As a result, labels have been willing to pay/advance more to the artist for touring, promotion, publishing, merchandise, etc., and in return the label earns a financial interest in other (sometimes all) facets of the artist’s career. Some noteworthy 360 deals in recent years include EMI’s deal with Robbie Williams in which EMI paid Williams $160 million for an interest in his entire career, and the Jay-Z and Madonna deals with Live Nation, both of which paid out at over $120 million.