Third World Media, LLC, filed a lawsuit against thousands of Does (referring to “John Doe” or “Jane Doe” defendants) for copyright infringement, many of them being Florida residents.  This lawsuit was filed January 10, 2011, and Comcast’s notices of subpoena in this lawsuit have made their way to Jacksonville mailboxes.  The accusation:  file downloading and sharing of movies through torrent software.

This is coming as an alarming trend.  In recent weeks, I met with a handful of Duval county residents who were contacted by Comcast, their Internet provider, regarding a copyright infringement lawsuit filed by Digital Sin, Inc.  I’m still researching that lawsuit; the Complaint was filed November 16, 2011 in a Florida Federal Court. 

For those of you doing your own research, I blogged my legal advice and assessment of what to do in the Digital Sin, Inc. case; the same advice would be true for Doe defendants in the Third World Media case.  In general, don’t fight service of process, and once you are served, contact a lawyer experienced in digital copyright infringement cases immediately.  The time to respond to a lawsuit is literally measured in days; missing a deadline could mean that a default judgment is entered against you.  This could mean that you will be found liable of copyright infringement, likely owe the money demanded by the plaintiffs (which may also include paying for their attorneys’ fees and costs!), and any public records search of your name could show that you didn’t make any effort to defend yourself.

Filed under: Civil Litigation, Copyrights by Jo-Anne Yau Tuesday, January 17th, 2012
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In the last week, I have already met with five Jacksonville-area Comcast customers.  They are outraged and confused over being named one of 145 defendants in a copyright infringement lawsuit initiated by Digital Sin, Inc., a New Jersey-based company.  The unnamed defendants in this lawsuit are referred to as “Does,” as in multiple “John Doe” or “Jane Doe” defendants.

The confusion starts because Digital Sin subpoenaed the branch of Comcast cable that serves the Duval county area.  Digital Sin is demanding Comcast customer information based off of IP addresses.

Many people are confused, and because Comcast won’t help, people are getting angry.  My take:  don’t get mad at Comcast.  It’s doing the best it can to preserve good PR, while being forced under court-ordered subpoena to turn over information.  That is, Comcast is giving its customers notice that it is being forced to reveal identifying information related to IP addresses.  Comcast is also giving its customers the chance to volunteer their contact information to Digital Sin.

The clients I have met with had many questions about this lawsuit.  At the confidential consultation, which took 30-45 minutes, and was typically over the phone, I helped answer the following questions:

1. Should I respond to this lawsuit?  If so, how?
2. Will my name and/or other information become part of public record?  Can I keep this lawsuit confidential?
3. What’s the fastest, most cost-effective way to make this lawsuit go away?

My advice and answers have, so far, been different for everyone, because all my prospective clients have had different goals and priorities.

To date, none of the Comcast customers I had met with had been individually identified, and none had been served process.  Here’s where my advice to them was universal:  if you are served, particularly at home, accept it.  Process servers can go away peacefully once their jobs are done.  But they may also resort to tracking you down at work, or publishing your name in a local paper to do their job.  Keep this matter as low-profile as possible.  Don’t try to avoid service unless you are ready for neighbours, colleagues, and friends find out about this.

I can’t read Digital Sin’s mind, I don’t know what they want from my prospective clients, and I don’t know what Digital Sin’s strategies are.  I can, however, give you my best guess as to these answers, and form a plan of action.  My consultation fee is $175, and we can talk about your options.  The Yau Law Firm has experience in copyrights, litigation, and criminal defense.  Also, Yau Law Firm attorneys are admitted to practice in federal court, and has litigated intellectual property disputes, particularly infringement issues.

Filed under: Civil Litigation, Copyrights, Criminal Defense by Jo-Anne Yau Thursday, January 12th, 2012
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Trademarks are virtually anything that uniquely identifies the source of goods and services.  Once businesses are successful in marketing their concept, naturally, others begin to approach them for opportunities to share in the success.

Ms. Yau advised that an expert should perform a business valuation to develop a franchising strategy.  Mr. Cataland shared his experience and advice as an expert in business evaluations.  Prior to teaching at Florida Coastal School of Law, he was renowned across the nation for having “masterminded a piece of financial wizardry,” for his role in restructuring Arthur Treacher’s Fish and Chips after it filed bankruptcy, and he eventually sold as a publicly traded company.

Mr. Cataland notes that the concept of franchising is simply an economical structure for consistent business growth.  To first start in franchising you must begin with a successful business, consumer appeal, and consistently providing quality goods and services.  If you have something that is working, the critical step is protect it, because trademark protections of the brand are the heart of any franchise system.  He warns that protecting your brand is paramount, because licensing that brand is how a business grows, and trademarks are the avenue for enforcing franchisees’ exclusive use.

For listeners considering franchising, Mr. Cataland offered some food for thought. First, he recommended self-evaluation:  whether a brand could be protected, whether the business model was unique, and whether the product or service was in demand.  Next, he suggested that all businesses become more efficient.  Tightening up the operations means that there are systems in place, like an operations manual and training program, that sets the standard on how the services should be provided.  Documented policies make a business replicable for franchisees, and puts standards into place.

Mr. Cataland commented on franchising as a popular business model, because as a franchisor, the business as a whole grows with the capital from independent business owners.  As for franchisees, they have the benefits of being in business for themselves, but not by themselves.

The show also included advice on negotiation of commercial leases, franchise investment expectations, and preparation or evaluation of the FDD, the Franchise Disclosure Document.

A franchise attorney and qualified experts can assist prospective franchisors and franchisees turn emblems into empires.

Filed under: Business Talk: Blog Talk Radio Episodes, Corporate Law, Franchising, Trademarks by Jo-Anne Yau Wednesday, December 28th, 2011
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Blog Talk Radio’s “Business Talk” show co-host, Jo-Anne Yau, presented, “Using Sports as a Business Development Tool.”  Ms. Yau discussed how sports can be integrated into business plans, and addressed the legal consideratations of those business transactions.

The featured guest was Dave McDaid, founder of local outdoor apparel and equipment company, IRISHWATERDOGS.  The show’s focus centered around what Ms. Yau calls, “market stickiness;” that is, consumer recognition of a business providing products or services with high market appeal.

Mr. McDaid promotes the IRISHWATERDOGS’ sporting apparel and equipment line through both Internet and retail stores.  His diversified marketing strategies have been extremely successful, and he credits both online and print marketing as attracting a high consumer affinity to his brand.

Mr. McDaid’s effective style incorporates sporting events and kayak fishing tournaments into his marketing plan.  He shared how sports and charitable contributions are integral to IRISHWATERDOGS’ success.  The company received national media attention for its efforts on behalf of the Wounded Warrior Project, and stressed the importance of encouraging the local community to give back to those in need.  

Ms. Yau shared her thoughts about Mr. McDaid’s business model:  incorporating sports, community efforts, and diverse marketing avenues make IRISHWATERDOGS a market-sticky brand.  There are so many opportunities for the company to interact face-to-face with its customers and community, that it creates a unique experience for the consumer that goes far beyond just trademark recognition.

Mr. McDaid cautioned business owners about the immense amount of work involved in organizing an event, and that the secret to capitalizing on the event is to do follow up networking, to reinforce new relationships.  He stresses that these practices are absolutely vital for building a large and loyal sponsorship base.  He also discussed the importance of a unique and recognizable logo and the pitfalls of choosing a brand that does not reflect your company name, philosophy, and style.

From a Sports Law attorney’s perspective, Ms. Yau ends the show by discussing the legal aspects of integrating sports into a business plan, including: contracts, negotiations, branding, and protecting trademarks.

Filed under: Business Talk: Blog Talk Radio Episodes, Corporate Law, Sports Law by Jo-Anne Yau Thursday, December 22nd, 2011
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  “SHOW ME THE MONEY!”  Who was the sports agent made famous by Tom Cruise or Jay Mohr in the movie, Jerry Maguire?  And does that movie accurately portray what a real sports agent does on the day-to-day?

Sports agents like Drew Rosenhaus, pictured above when he was featured on 60 Minutes,  may represent almost 150 clients, with one goal in mind for each one:  to build their brand.  A sport’s agent’s number one priority is looking out for their clients’ economic interests.  But these interests are more varied than just employment contracts.

How are Sports Law attorneys different from sports agents?  For one, a Sports Law attorney can not only evaluate a client’s economic opportunities, but analyze the legal effects, liabilities, and risks associated with those opportunities.  Also, a typical sports agent is compensated by getting a percentage of the athlete’s paycheck.  On the other hand, usually lawyers in Sports Law are paid a flat fee up front, and the rest of the earnings are retained by the athlete.  And finally, with the right experience, an attorney can apply for a sports agent license, while a sports agent will have to go to law school and be licensed to practice law before being known as a lawyer.

Good sports agents and Sports Law attorneys can negotiate endorsement deals,  which, with strategy and luck, has the power to turn an athlete into a megastar.  A good sports agent or lawyer will help an athlete protect their image and likeness, negotiate a teams’ franchise association with a league, or provide advice on financial planning, organization of favored charities and personal appearances.  The goal is total career management for the athlete.

The Yau Law Firm now has a licensed sports agent and Sports Law attorney.  See which athletes, teams, and leagues we represent.  If you’re thinking about a career in professional sports, it is important to consult with an athletic agent and lawyer before signing with a team.

Filed under: Sports Law by Jo-Anne Yau Tuesday, December 20th, 2011
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 Blog Talk Radio’s “Business Talk” show co-host, Ms. Yau, presented, “Trademark Business Basics.”  Ms. Yau discussed the basics of business: from getting your trademark registered to franchising your company.  She discussed the types of businesses that will most benefit from trademarks and the process involved in registering and protecting that brand.

The guest on this episode was Kyle Boatwright, President of Worthington Millworks, who provides a service and a product:  custom built and designed columns.  Mr. Boatwright spoke about his experience in registering his name and logo, and how registered trademarks have facilitated his business’ development and marketing.  Now, the public knows that his trademark belongs to him and he is able to stands by his product.  He explained the necessity of using an attorney for both preventative and defensive matters and the process it took to register his name and logo.  Now, Mr. Boatwright is able to think about global opportunities and expansion to franchising.

Listen to this episode to learn about trademark searches, both forward and backward.  The show offers listeners advice for business owners whose goal is to grow and gain recognition.  Finally, learn about Cease and Desist letters in the enforcement of trademarks.

Filed under: Business Talk: Blog Talk Radio Episodes, Trademarks by Jo-Anne Yau Friday, December 16th, 2011
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Blog Talk Radio’s “Business Talk” show co-host, Jo-Anne Yau, presented, “From Emblems to Empires:  How Trademarks Become Franchises, Part II.”  Ms. Yau discussed what to expect when buying into an existing brand.

Today, Ms. Yau highlights a client who has successfully open up two franchises in the Jacksonville, Florida area.  Lauren Little, from Edible Arrangements, shares her experience and background before opening up her first store in 2006 and second in 2009. Edible Arrangements is an international franchise that focuses on hand designed fresh fruit bouquets that are available for delivery or pick up.  The business system is similar to sending flowers, but substitutes fresh fruit instead of flowers.

Ms. Little, who has a background in corporate business, knew she was interested in a retail specialty shop.  At a conference, an Edible Arrangements representative brought in samples and Ms. Little was “in love at first sight,” as she knew they would make the perfect gift.  There is no surprise that she is as successful since Franchisor/Franchisee relationships are generally long term, lasting from 10 to 20 years. 

As part of the due diligence in considering a franchise purchase is having a franchise attorney review the FDD (Franchise Disclosure Statement).  The attorney evaluates the FDD and takes a close look at different industries, comparing and cross-referencing what would be a good fit.  Ms. Little did the research and also stopped in to the Small Business Administration office to talk to experts and visited the site.  “Self Assessment” is what she maintains helped her in the long run.  You have to know what you want to do and know what you are willing to do to bring to the table.  You should ask yourself who you are as a business owner.

For Ms. Little, stability, competition, potential revenue, and support from the franchisor were the most important.  She didn’t want to reinvent the wheel.  She asserts that she was lucky enough that she has a good relationship with other Edible Arrangements franchisees.  They share a support network and openly exchange ideas.  In her support network, they don’t see each other as competitors.

Edible Arrangements had experts ready to help Ms. Little find a location, but she took initiative and visited the local business centers like Beaver Street Enterprise Center and the Jacksonville Business Women’s Center.  She also hired an attorney to look at all the documents and hired an accountant.  Edible Arrangements held workshops, provided training, as well as mentorship.  The Jacksonville Women’s Center provided a mentor program.  The Beaver Street Enterprise Center offered workshops on marketing, human resources, and disaster planning, among others.  Ms. Little took as many workshops as she could.

She loves that her franchisor helps her with computerized training and marketing, quality control and services; and the freedom of leaving the heavy risk to her franchisor.  She admits there are struggles.  Her advice to the many people who are looking to get into business because they think it’s glamorous, “you may see the glory, but you don’t know the story.”  She admits it’s a lot of hard work and those interested must be open to change.  Ms. Little certainly is, as Jacksonville Women’s Business Owner 2002 Franchisee of the Year, she attributes her success to getting her face known, and working untraditional hours.

Filed under: Business Talk: Blog Talk Radio Episodes, Franchising by Jo-Anne Yau Sunday, October 16th, 2011
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  Want to start your own business?  Get expert business advice at the LaunchPad, brought to you by the Jacksonville Women’s Business Center and Prudential.  “LaunchPad:  Exploring Entrepreneurial Options,” the topic of discussion on September 22 at the JWBC Athena Cafe, which will feature a panel of business women sharing what they have learned through business building. 

This is an opportunity to gain valuable insight on what “what works and what doesn’t.”  Panelists will include women from the community with expertise in the fields of financial consultation, public relations, law, and organizational leadership.

Among the panelists, Jo-Anne Yau will bring to the table her experiences in establishing and operating her law firm, Yau Law.  As a seasoned business and intellectual property law practitioner, Ms. Yau may also be able to offer assistance to help you form a corporation or limited liability company or protect your invention or logo. 

The Jacksonville Women’s Business Center opened in 2004 and is a program of the Jacksonville Regional Chamber of Commerce.  Its mission is to provide mentorship, and “advance the success of women entrepreneurs at every stage of business development.”

The event will be held on Thursday, September 22 at the Florida State College of Jacksonville Administrative Offices, 501 W. State St., Boardroom, Jacksonville, FL 32202.  The program is from Noon to 1:00 p.m. with registration beginning at 11:30 a.m.  Lunch is $10 and lunch reservations must be pre-paid with check by Tuesday, September 20.  Further details and contact information are available here.

Filed under: Corporate Law, Franchising, News & Events by Jo-Anne Yau Monday, September 19th, 2011
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  After being in business for nearly half a century, Borders announced plans to close and liquidate its remaining stores by the end of September.  This announcement came after the company filed for bankruptcy in February and after the last hope for a revival disappeared when a private investment deal fell through.  

Though all of this has come to light in recent months, Borders reportedly has operated at a loss for years.  What caused Borders’ downward spiral?   

According to one source, Borders did not identify and embrace emerging trends when it should have.  At the turn of the century, Boarders failed to anticipate the value of selling books on the Internet.  Instead of providing customers a way to make purchases through its own internet site, the company outsourced its internet sales to Amazon, opting to take a small percentage of the revenue.  Borders’ own website merely allowed customers to browse inventory located in the actual stores.  Not until 2008 did Boarders regain control over marketing its products online.  By that time, however, Amazon had already become a market leader in internet book sales.

Also, Borders did not anticipate the popularity of e-readers, small portable devices that store digital books.  Amazon released the first e-reader, the Kindle, in late 2007.  Shortly thereafter, Barnes & Noble released the Nook and Apple released the iPad.  By the time Borders came out with with its own e-reader, the Kobo, in July 2010, the competition had already established a stronghold on the market. People who purchased a Kindle or Nook were not willing to buy another e-reader.

Finally, although Borders enjoyed high CD and DVD sales during the mid 2000s, the company did not seem to notice when demand for these products began to fall.  Due to competitors like iTunes and Netflix, people were just not buying as many CDs and DVDs.  Ignoring this, Borders expanded these departments when it should have scaled back.

Now, our marketplace is more challenging than ever.  The moral of the Borders story is that corporate giants with a long history can no longer fall asleep at the wheel.  Today’s consumer not only demands the latest products and services, but also expects retailers to anticipate commercial trends.

Filed under: Corporate Law by Jo-Anne Yau Wednesday, September 14th, 2011
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Recently, a tourist received a blinding injury at Universal Orlando’s Islands of Adventure.  Carlos Montaivo, of Puerto Rico, was riding the Dragon Challenge roller coaster when he was hit in the eye by an unidentified object.  Montaivo said that he previously only had sight in one eye.  Now he cannot see at all.

Universal made a statement that its staff “spent hours after the incident inspecting and reinspecting the ride…[and] found absolutely nothing that could have contributed to this incident.”

Following news of the injury, internet forums debated about what actually happened.  While some people thought the tourist’s injury was caused by an overzealous ride operator, others suspected it was due to a collision with low flying insects.

Montaivo reportedly hired an attorney.  If he proceeds with a lawsuit, he would likely rely on premises liability.  In Florida, property owners have an obligation or duty to protect people who enter their property.  The highest level of obligation is owed to customers, because the business derives an economica benefit from them.  To meet this high standard of care, a business has a duty to maintain the property in a safe condition, which involves regularly inspecting the property for safety hazards, and either making repairs or providing notice if any such hazards are found.  The business can be liable if its customer is injured by something the owner should have known about.

As a paying customer at Islands of Adventure,  Montaivo was owed the appropriate duty of care.  At this time, it’s unknown whether the object that hit him was a loose part from the ride, a bug from the sky, or something else.  If he files a lawsuit, he might allege that Universal failed to properly inspect the roller coaster.  This strategy would probably not prevail because the theme park likely conducts regular inspections.  Otherwise,  Montaivo may allege the theme park failed to warn riders of the hazard posed by flying insects.  This avenue may also be difficult.  Unless there is evidence of other rider-insect collisions in the past, Universal would have no way to know the danger existed.

If you become injured while on someone else’s property, you may be entitled compensation.  Contact a personal injury attorney to evaluate your case.

Filed under: Civil Litigation, Corporate Law, Personal Injury by Jo-Anne Yau Monday, September 12th, 2011
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