The fifty include inspiring Nigerians in  the fashion and entertainment industries such as  Singer [N]neka, Designers Chris Aire and Lisa Folawiyo (Jewel by Lisa), Storm 360 Executive Obi Asika, Publisher Bola Atta and Supermodel Oluchi.

“These influential Nigerians from all over the world are being interviewed with the overarching question: “Is Nigeria truly free?” While stirring the hearts and spirits of every participant and viewer, the documentary dispels the stereotypes of the country’s “lack” in the area of progress and at the same time creates a platform for making lasting changes that will benefit this generation and those to come.”

Please visit the site and stay tuned.

Directed By: Korstiaan Vandiver
Produced By: Chika Chukudebelu, Faith Kakulu, Kim Vandiver, Korstiaan Vandiver

Website: www.50FacesofNigeria.com
Facebook: Join the facebook community here.
YouTube Channel: www.YouTube.com/user/50FacesofNigeria
Twitter: www.Twitter.com/50FacesNigeria
Indie GoGo: http://www.indiegogo.com/50FacesofNigeria

“As we first reported, cops pulled over T.I.’s ultra-expensive Maybach on Sunset Blvd around 10:18 PM (Sept. 2nd, 2010) for a traffic violation and then smelled marijuana. During a subsequent search of the vehicle, cops say they found a controlled substance — we’re told it was not cocaine. The class of the controlled substance that was found includes methamphetamines and ecstasy.

Both were booked on felony possession of a controlled substance.

They were released on $10,000 bail.

As we previously reported, T.I. was released from federal prison back in December — where he served 7 months behind bars for illegally possessing machine guns and silencers.

Law enforcement confirms … T.I. is still on probation from the gun conviction, which means last night’s arrest could qualify as a violation of his probation … and he could be sent back to prison.” . . .

“We’re now told that the substance was allegedly ecstasy. And, our law enforcement sources call it a “small amount.”

The pills are being tested.”” ~TMZ

The bolded part of the news above from TMZ is what I want you to pay even closer attention to.

What the Law says on “Searches and Seizures”
The Fourth Amendment of the US Constitution prohibits people from unreasonable searches and seizures. If you are searched and an item seized from you, the question is, was the search valid in the first place? Without the warrant, such search would be invalid, except if an exception applies.

The “Stop & Frisk”
Assume you are walking over to your music studio/atelier or set to get about the business of fashion/or entertainment. The police can briefly detain you for investigative purposes even if they lack “probable cause” to arrest you. Once they stop you, if the police thinks you might have weapons or you are armed and dangerous, they can frisk you i.e. search your body to make sure you have no weapons etc. This is a “search incident to the arrest,” one of the exceptions to the warrant requirement.

If the Police Lack Probable Cause Why am I Being Stopped?!
The law says all the police needs is a reasonable suspicion supported by articulable facts that criminal activity is either taking place or you are involved in a crime. There is a famous case in criminal procedure called Terry v. Ohio, a US Supreme Court case where this rule originates.

What is “Reasonable Suspicion?”
The Supreme Court in Brown v. Texas said, “well, let’s see. We can’t quite define it. But we will say it requires something more than a vague suspicion.”

If you have a puzzled look on your face, join the club.

How do You Meet the “Reasonable Suspicion” i.e. More than a Vague Suspicion Standard?
In United States v. Sokolow, the Supreme Court said, “well it is based on a totality of the circumstances.” A police officer looks at the surrounding facts that creates “reasonable suspicion.”

What Constitutes a Stop?
It is simple. When the police stops you and you ask, “I’m I free to go?” If the answer is yes, keep walking. If the answer is no, you are detained and that constitutes a stop.

When Does a Stop Become an Arrest?

When the police believes they have probable cause to arrest you.

What is Probable Cause?
Probable cause (PC) is when, at the time of the arrest, the police had reasonable belief based on the facts and circumstances to believe that you have committed or are committing a crime.

When the Police Stops you for a Traffic Violation, When Can they Search you?
Generally speaking, if the police will search you, they need a warrant. The exception?

“Automobile” Exception
Caroll v. United States (a 1925) case decided by the US Supreme Court is a case that said, look, “if the police have probable cause to believe that a vehicle such as an automobile contains evidence of a crime or contraband, among other things, then the police may search a vehicle without a warrant.” They can search your entire vehicle and containers in it. NOTE: If they have probable cause to search a container in your vehicle, then they can’t search the entire vehicle.

In T.I’s case, the police claim they had probable cause to search his vehicle because of the “smell of marijuana” which means, to them, there was an indication that criminal activity was ongoing.

I’ve tried to keep this simple but “search and seizure” law  is anything but simple. You need to hire an attorney to handle your criminal matter if you find yourself in T.I and Tiny’s situation, or worse.

That’s it from me today.

Cheers,
Uduak

“In a new lawsuit obtained by TMZ, Lautner claims he made a deal with McMahon’s RV to purchase a personal trailer for around $300,000 … a trailer he could use while shooting his new movie, “Abduction.”

According to the suit, the deal was that the trailer would be tricked out and delivered by no later than June 21 … but it wasn’t.

Lautner claims breach of contract and fraud and wants unspecified damages.” ~TMZ

We will definitely get into fraud causes of action in future. For now, the suit gets interesting  with a weird offer from the defendant.

~Photocredit: Getty Images

“TYLER PERRY is breathing a sigh of relief after a U.S. appeals court cleared the filmmaker of accusations he stole the idea for his movie DIARY OF A MAD BLACK WOMAN.

Donna West’s case against the actor/screenwriter was dismissed two years ago (08) after jurors in a Texas court found she did not have enough evidence to support her claim that Perry lifted material from her play, Fantasy of a Black Woman, to use in his 2005 blockbuster.

The playwright launched an appeal against the verdict but on Monday (23Aug10), the 5th U.S. Circuit Court of Appeals ruled there was no improper conduct in the trial, according to the Associated Press.

West’s play was performed three times in 1991 in Dallas, and she contended Perry could have gained access to the script in 1998 when he presented his plays at the Dallas Black Academy of Arts and Letters.

Perry’s film took in more than $50 million (£33 million) at the box office.” ~AP

There are three general basic courts in most jurisdictions in the USA. There is the trial court. If you’ve watched shows like Law & Order, The Practice, Matlock, Perry Mason, that is a preview of what a trial court looks like. The decisions from the trial court can be appealed. This gets us to the second kind of courts, the Appeals court. The third and final court, generally speaking, is the Supreme Court. Each state has a Supreme Court. Now, independent of the state courts I just mentioned, the exact same replica of courts happen on the federal level. The Supreme Court is the one we are all familiar with on a national level with Justices Sotomayor, among others on the bench.

In this instance, Hair Tech International accuses Hilton, in a breach of contract lawsuit, of wearing the hair extensions of another company.They allege this constitutes a breach of agreement in Hilton’s role as their brand ambassador. They are suing for $35million.

What is a breach of contract all about? Read my analysis here. If you are like Paris Hilton and you sign an agreement to wear hair extensions for Hair Tech International, are you stuck wearing that hair the whole year? Can you wear another competitor’s hair?

The sole function of the celebrity under this kind of agreement is to drive consumer demand for the brand. So, it becomes important to have an attorney outline, in the agreement, the parameters of the relationship.

Here is an excerpt from the Paris Hilton $35million Hair extension lawsuit:

“Talk about a bad hair day. Paris Hilton was hit with a $35 million lawsuit on Wednesday by a hair-extensions company that claims she breached her contract with them by wearing a competitor’s fake locks. The company, Hairtech International Inc., which manufactured the Dreamcatchers hair extension line that Paris fronted beginning in 2007, is seeking damages of 10 times what Hilton was reportedly paid under the contract . . .”

Read the rest on People.com

~Photocredit: Getty Images

What is a breach of contract claim? Read here. Check out the MJ story below which ran last week on the Associated Press (AP).

NEW YORK (AP) – A federal judge on Thursday dismissed a multimillion-dollar lawsuit by a concert promoter against the late Michael Jackson over a failed reunion concert.

U.S. District Judge Harold Baer Jr. granted a motion by lawyers for Jackson’s estate to dismiss the case, citing a lack of evidence that the late King of Pop or his family were under a binding agreement to perform at a reunion concert.
AllGood Entertainment, a company started in Morristown, N.J., sued Jackson for $40 million on June 10, 2009, roughly two weeks before the singer’s death in Los Angeles at age 50. It claimed Jackson and his then-manager broke a contract for a Jackson reunion show.

AllGood later filed a creditor’s claim with Jackson’s estate, claiming the potential value of the lawsuit was at least $300 million.

Baer determined that there was a letter of intent between Jackson’s then-manager, Frank DiLeo, and AllGood. He noted that neither Jackson nor any other members of the family who were to be involved in the show ever signed a contract.
The judge also wrote in the ruling that if there was a breach in the contract, AllGood broke the agreement first because it did not issue a payment to Jackson before a required deadline.

“This case never had any merit and the claim was frivolous from day one,” Jackson estate attorney Howard Weitzman said in a statement. “Michael Jackson never agreed to participate in a concert promoted by AllGood as the judge clearly found in his opinion.”

An after-hours phone message left for AllGood’s attorney, Ira Meyerowitz, was not immediately returned.” ~AP

“According to police, Paris was the passenger in a vehicle that was pulled over outside the Wynn Hotel. The driver was arrested for DUI (drug-related, not alcohol) and when cops searched Hilton, they found her in possession of a controlled substance.

Police say tests revealed the substance to be cocaine. She was arrested and released on her own recognizance. . . ” ~TMZ

The Arraignment
Let’s start with the beginning of what happens when a defendant is arrested. Obviously with fashion and entertainment defendants, the media frenzy and spotlight becomes even more magnified.

The first is the arrest. Typically you don’t want to say much to the police. They should read you your Miranda rights and all you should be saying is, “I want my lawyer, now!”

In California in felony and misdemeanor cases, if the defendant is taken into custody, the arraignment will happen within 48 to 72 hours. If the defendant is not in jail, the arraignment may not happen for several weeks.

Your first appearance before the court is what is called an “arraignment.”

At the arraignment, the court appoints a lawyer for you if you don’t have one and you qualify for a public defender AND  gives you a fair opportunity to plead to the charges i.e. guilty, not guilty, no contest. If you plead guilty or no contest, a judge can sentence you right away. Most defendants plead “no guilty” buying time to sort out their defense.

The final part of the arraignment is the court entertains arguments from the prosecutor and your defense attorney on whether to release you back into the community. Notice the article says Paris was released on her “own recognizance (OR).” For criminal defense practitioners, the lingo  used in court is ‘OR.’ With OR, we argue to the court that our client is not a flight risk, has roots in the community etc. Basically we paint the beautiful side of the client. In Paris’s case, she has a rap sheet and has served time. Obviously her stardom comes into play in having her released on OR. The typical defendant on cocaine charges and a long rap sheet of crimes has a difficult battle and usually remains locked up pending trial, when they can make bail, or plead out their matter for favorable terms including nojail time.

Cocaine/Controlled Substance Charge

What does it mean if you are arrested and charged with possession on of a control substance?

• In lay terms it means you are in possession of a drug that is illegal or has certain limitations on where and when you have it. For example in the case of alcohol.
• What does “controlled substance” mean? Cannabis including marijuana, depressants (tranquilizers, valium, Librium), hallucinogens (LSD etc.), narcotics (heroin, opium etc.), stimulants (cocaine etc.)
• What if I was in the car, house etc. and had no idea the drug was even there?!! Can the Police charge me? Heck yea. What have they got to lose? You can fight your way out of it. Careful who you “kick it” with. Paris Hilton is obviously going to make this argument. She had no idea etc. but if you are in a vehicle where the police finds controlled substances, even if they are not yours, you can still be charged.

On what basis?
It’s a lingo we law and lawyers use, quite a lot. It goes like this “you knew or should have known” that the controlled substance was in the vehicle. There was a case I handled that involved a stolen vehicle. My client was a passenger at the back seat of the driver’s side of the vehicle. He was, nevertheless, charged with receiving stolen property, the vehicle. The prosecutor rode that “knew or should have known language.” My client prevailed but the “known or should have known” broad language is a typical trap used in the law and many times can be an uphill battle if the facts do not align in your favor.

How much time is Paris Hilton Looking at?
In California, she would be looking at a fine of $250-$1,000, 30days to 3years jail time, probation and possibly drug diversion programs to offset her probation and jail time.

In Las Vegas, Nevada, fines could be up to 500,000. She could do time anywhere from 2 to 15 years if the cocaine found was less than 28g. If more than 28g, then she would be looking at a minimum of 3 years to a life sentence. Diversion programs in Nevada are totally up to the court’s discretion. Also probation on drug offenses are not available.

NOTE: Depending on the state, the amount of time varies. Hire an attorney who can represent you in your criminal manner and tell you want time you are looking at.

Let’s see how Paris’s case unfolds. She has already retained David Chesnoff, Esq. a reputable criminal defense lawyer in Las Vegas to defend her.

Cheers,
Uduak

This is not uncommon in a suit of this kind where the parties are music professionals. It is also where things gets nasty.

What law Governs Copyright Damages/Accounting?
17 U.S.C. § 504 governs the recovery of damages and profits in a copyright infringement action.

What Does the Law Do?
If Plaintiff prevails in lawsuit, it allows the Plaintiff to recover either injunctive and/or compensatory damages. The easier part is obviously the injunctive relief. The court can say “stop selling or singing the ‘Take Me as I am Song” any and everywhere. The challenging part is how do we determine what is owed Plaintiff, the compensatory part?

What Kinds of Compensatory Damage Can Plaintiff Receive?
Plaintiff can opt for Actual Damages and profits OR Statutory damages.

What is Actual Damages and Profits all about?
17 USC § 504(b) (the copyright law) says Plaintiff can get actual damages suffered as a result of the infringement AND any profits attributable to the infringement that were not taken into account when calculating actual damages.

Plaintiff must prove:

• Defendants (Keri & MJB’s)  gross revenue from the song was, for example, $50 million.

Keri and MJB (defendants) must prove:

• Their deductible expenses and any element of profit not attributed to the infringement. So, the defendants here will say, “yes the song made $50million but we had so many expenses deducted that we only made $1million so you should get what the court determines is appropriate off $1million not $50million.”

It’ s a dual burden for the parties. When all is said and done, we should emerge with Keri and MJB’s net profits which will then be paid to Plaintiff.

What about the Statutory Damages?

• § 504(c)(1) of the statute permits “statutory” damages. It means the law essentially gives a range of what you get. It’s prescribed, already.
• § 504(c)(2) of the statute says if Keri & MJB “willfully” infringed on the Plaintiff’s copyright, then Plaintiff can recover enhanced statutory damages. So, if willful, the court would not allow the defendants to subtract their federal income taxes, overhead expenses and/or certain other expenses.

That is it from me, for now. Read about the lawsuit on Allhiphopnews.com.

‘Take Me as I am’

We have two examples to work with.

J-Lo in July canceled a concert she was scheduled to perform in Cyprus because she feared her appearance would make a “political” statement. She is now being threatened with a $40million suit.

REMG Entertainment filed suit claiming $57, 500 in damages on August 26th 2010 against artist Mos Def who canceled a concert he agreed to perform in Canada.

What Law Governs?
Contract Law

What Kind of Lawsuit is this?
Breach of Contract

What Does this Mean?
Let’s set up the scenario. Artist and promoter connect and agree they want to work together and that artist should perform in New York, for example, on a specified date. The prudent promoter and artist draft a performance agreement (usually 1-2pages) that outlines the basic terms including payment and perks that comes with artist’s performance, depending on how popular artist is. The day of the concert approaches and artist is nowhere to be found. What is the remedy for the promoter? What if the artist claims certain conditions in the contract was never fulfilled or in J.Lo’s case political reasons prevented performance? What result?

Promoter v Artist Breach of Contract Suit.
The Promoter can sue Artist under a breach of contract claim. To prevail, the promoter must show that:

• There was a valid contract between artist and promoter. Seems so common sense but often many promoters do not have a signed agreement in place. Just talks, series of back and forth emails and nothing concrete and in writing.
• Artist failed to perform or announced an intent not to perform (as in J.Lo’s case)
• There was no legally valid reason for the lack of performance. For example, the promoters in J.Lo’s suit say none of the terms in the contract called for lack of performance for political reasons.
• The failure of the artist to perform made it impossible for promoter to fulfill its obligations; and
• The promoter has been injured i.e. out of money etc.

Common Defenses Artist Can Use if Applicable

• We never had a contract. We talked and yes I sent emails but I never signed anything.
• I lacked the capacity to enter into an agreement- I was mentally impaired or I am a minor (under 18) etc.
• I was drunk! Intoxicated. They showed me a paper after I had drank 10 bottles of Moet. I didn’t even know what they said. I can’t even remember signing. Generally this defense is not very strong.
• I was under duress (blackmail, for example) and undue influence from an overbearing promoter who also happens to be my Uncle.
• The promoter misrepresented the facts and but for that misrepresentation artist would not have signed agreement.
• Unconscionable. Think, “how on earth could anyone negotiate such unfair contract with artist?” If promoter, for example, makes $50,000 and only pays J.Lo $1,000.

Remedies
If the promoter prevails in a US court either in J-Lo or Mos Def’s case, then the remedy can be in the form of:

• Damages i.e. money
• Specific performance – forcing artist to perform
• Cancellation & restitution- In Mos Def suit, promoters claim they already gave him over $12,000. Restitution would be for Mos Def to return that money. Cancellation would void any other obligations both parties might owe to each other.

Cheers,
Uduak

J.Lo’s Love Don’t Cost a Thing

Mos Def’s Ghetto Rock

The suit filed in the United States District Court for the Northern District of Illinois alleges “Akoo” is a trademark of Akoo International and has been for several years prior to T.I launching his line. The case has been pending in court since March of this year. Let’s get into what a suit alleging trademark infringement means. My coverage here will be a bit more in depth because I want it to serve as a future reference on trademark suits for our talk here on the blog.

First, who cares? What’s the point of Trademark?

• Lawmakers saw a need to protect you and I, the public, from confusion. For example, how many times have you seen someone carry a Louis Vuitton (LV) bag. You probably thought “Oh LV! Isn’t that what rap and pop songs are made of?” It turns out the LV bag, when you speak with the owner, is “fake.” We don’t want that kind of public confusion because it is bad for business, for all involved. See Louis Vuitton vs. New York Chinatown Counterfeits.
• Second, why should another business steal your customers or get a free ride off your hard work and good reputation? Raise your cyber hands if you remember the case of Victoria Secret v. Victor’s Little Secret. How confusing was the name Victor’s Little Secret, especially since their product offerings also included lingerie? Geeweez! Some people.

For fashion and entertainment brands, especially fashion brands, trademark is one of the most important if not the most important asset of your business. You want to have your brand trademarked. Indeed as of December 2009, the US Customs and Border Protection and U.S. Immigration and Customs Enforcement reported that in fiscal year 2009 they made 14,841 seizures of counterfeit and pirated goods with a total domestic value of $260.7 million. Crazy isn’t it! Now that you understand what the real deal is, let’s do the legal talk on TM.

What is a Trademark ™?
It is any word, phrase, logo symbol, color or sound that is used by a company to identify products or services in the marketplace. TM can be your business name that you use to sell your product and services as well as your product or service name.

What is a Service mark?

It’s the mark you use to market your service. It’s used interchangeably to mean TM.

How do you create a TM?
Just use your trade name, i.e. the name you use to the public, to identify your products or services for sale. So for example, G Unit, Rocca Wear, Ladybrille, Target,  Essence, Vogue, you get the drift.

Do I have to register my TM?
No. There is no registration requirement. HOWEVER, it enhances your rights when you seek enforcement against an infringer. Also, if you are the first to use your TM, then you can stop others from subsequently using your mark, a.k.a. “infringe on your trademark” as the Akoo International v. TI matter I opened this article with.

How Do I Register my TM?
File or complete application with the US Patent and Trademark Office. You can also hire an attorney to do it for you.

What If I intend to Use it but I am not Ready?
No big deal. All you have to do is file an intent to use [ITU] TM registration application with the US Patent and Trademark Office. You’ll need to file another application once it is in actual use and of course pay applicable fees.

Are there instances where I own my TM but I am unable to prevent others from using it?
Yes.

WHY?
Because TM gives varying degrees of protection to TM owner, depending on the situation.

How Do I get Maximum TM protection for my brand?
The question you must answer is whether your mark qualifies for TM protection? If yes, how much?

Here is the breakdown/analysis:

• Is your mark a strong or weak mark? Distinctive business names receive the strongest legal trademark protection. For example. Gucci, GAP. They make strong connections in the minds of customers and play a big role in their buying choices. The more distinctive a name, the more likely it is that customers will be less confused by more than one business using the name.
• What if my name is Ordinary? You might want to adopt an African name like mine ASAP! On a more serious note, the law says ordinary and descriptive names receive less or no protection. Why? Because they are weak!

What are examples of weak TM names?

• Ordinary or descriptive words
• Personal names. NOTE: Personal names with use can become stronger e.g. Marc Jacobs.

What are examples of strong distinctive TM?
They are marks that clearly separate the products or services they represent from others. For example, GAP =clothes

How can I make my weak TM grow stronger?
Keep using it.

To be clear, could you list instances where I cannot register or receive TM protection

• Non-use or abandonment: After 3yrs its presumed abandoned!
• Generics & genericide: The word “Fashion” is generic but there are many brands Gucci, Prada, Miu, Miu. Why not grant TM to “fashion?” If protection is granted to “fashion” one company would have a monopoly and could stop all others from using the name of the goods.
• Confusingly similar marks: The “Likelihood of confusion,” prevents you from registration and claim of TM.
• Weak mark
• descriptive
• geographic
• marks that are primarily surnames

Do I need a TM notice?
No. It is common for you to see “TM” when word, logo, symbol or phrase is being TM or application has not been filed. Upon completion, registration and actual issuance, then the mark now carries the ® symbol.

Do I need to register my TM to enforce my rights in court?
No.

How do the courts determine consumer confusion?
The courts ask: are there similarities of the conflicting marks in appearance, sound, meaning? E.g. Red Threads Designs v Red Treds Designs.

• Do the products or services actually conflict? Ford Modeling agency v Ford Motors. If not, then both can exist.
• What is the strength of the mark?If it is strong, it stays in consumer’s mind. If weak and confuses consumers, you will still not receive TM protection.

That’s it from me, for now, on trademark.

Cheers,
Uduak