#Devo Lawsuit Settlement over their #EnergyDomeHats

Newsflash from your Hollywood Attorney:

Pharrell Williams, call your lawyers. That oversized hat worn to the Grammys might be a legally protectable signature look.

Don't believe us?

Check out Devo, the New Wave band that hit it big with the 1980 smash "Whip It." The song was featured on the band's third album, Freedom of Choice, and on the album cover (pictured), Devo members wore funny-looking headgear they called "Energy Dome Hats."

Six years ago, there was a mini media frenzy upon word that Devo was suing McDonald's over a Happy Meal toy featuring a similar-looking hat. The furor quickly died when Devo's attorney shot down the news reports as false. There was no lawsuit.

Well, at least not until this past New Year's Eve when Devo filed a lawsuit in Indiana state court against T.V. Store Online, which advertises itself as a source for classic TV and movie shirts and memorabilia. Devo, along with its official licensee Swag Merchandising Inc., alleged that the defendant was retailing unlicensed "Energy Dome Hats."

On Friday, after the lawsuit was removed to federal court, the parties told a judge that a settlement had been reached.

Unfortunately, this means there won't be much clarity as to whether those funny-looking hats are the property of Devo, but we'll explore anyway.

In the lawsuit (read here), Devo alleged violations of trademark. The complaint mentions a pair of federal trademark registrations for "DEVO" in connection with "entertainment services" and "sound and visual recordings" but doesn't go into any specificity about why that protects "Energy Dome Hats."

Clare Neumann, an IP licensing executive at CMGWorldwide, who is providing counsel to the band, tells us the case could have argued that T.V. Store was infringing trade dress and common law trademarks in the way the defendant was confusing its customers about source of origin.

Perhaps a tad less tenuous, Devo was also asserting violations of the band's right of publicity.

Indiana's publicity rights statute (one of the most generous in the nation) protects a personality's name, voice, signature, photograph, gestures, mannerisms and, yes, distinctive appearance, from being used in connection with commercial merchandise.

Devo was a rock band consisting of members from Ohio, but thanks to local firms like CMG, Indiana has gone out of its way to extend statutory rights afar, "regardless of a personality's domicile, residence or citizenship," and it doesn't matter much whether the personality is living or dead.

Alas, a lawsuit in Indiana over Devo's Energy Dome Hats.

Neumann says the terms of the settlement are confidential and can only say that the parties are satisfied.

Source....  HRLAWSUIT

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2012 Crime Statistics in the Billions from FBI

Newsflash from your Hollywood Attorney:

A  total of 18,290 city, county, state, university and college, tribal, and federal agencies participated in the UCR program in 2012. A summary of the statistics reported by these agencies, which are included in Crime in the United States, 2012, follows:

In 2012, there were an estimated 1,214,462 violent crimes. The violent crimes of murder and non-negligent manslaughter, forcible rape, and aggravated assault increased 1.1 percent, 0.2 percent, and 1.1 percent, respectively. However, the estimated number of robbery offenses declined 0.1 percent.

Nationwide, there were an estimated 8,975,438 property crimes. The estimated number of burglaries declined 3.7 percent in 2012 when compared to the 2011 figure. The estimated number of larceny-thefts remained unchanged, and motor vehicle thefts increased 0.6 percent.

      Collectively, victims of property crimes (excluding arson) suffered losses calculated at $15.5 billion in 2012.

The FBI estimated that agencies nationwide made about 12.2 million arrests, excluding traffic violations, in 2012. The arrest rate for violent crime was 166.3 per 100,000 inhabitants, and the rate for property crime was 528.1 per 100,000 inhabitants.

         By violent crime offense, the arrest rate for murder and non-negligent manslaughter was 3.5; forcible rape, 5.8; robbery, 33.1; and the aggravated assault, 123.9 per 100,000 inhabitants.

         By property crime offense, the arrest rate for burglary was 90.7; larceny-theft, 411.9; and motor vehicle theft, 21.9. The arrest rate for arson was 3.7 per 100,000 inhabitants.

         In 2012, there were 14,006 law enforcement agencies that reported their staffing levels to the FBI. These agencies reported that, as of October 31, 2012, they collectively employed 670,439 sworn officers and 285,883 civilians, a rate of 3.4 employees per 1,000 inhabitants.

        The FBI estimated that in 2012,  the number of violent crimes increased 0.7 percent, according to the figures released today. However, property crimes decreased 0.9 percent, marking the 10th straight year of declines for these offenses, collectively.

        The 2012 statistics show that the estimated rate of violent crime was 386.9 offenses per 100,000 inhabitants, and the property crime rate was 2,859.2 offenses per 100,000 inhabitants. While the violent crime rate remained virtually unchanged when compared to the 2011 rate, the property crime rate declined 1.6 percent.

These and additional data are presented in the 2012 edition of the FBI’s annual report Crime in the United States. This publication is a statistical compilation of offense and arrest data reported by law enforcement agencies voluntarily participating in the FBI’s Uniform Crime Reporting (UCR) program.

The UCR program collects information on crimes reported by law enforcement agencies regarding the violent crimes of murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault as well as the property crimes of burglary, larceny-theft, motor vehicle theft, and arson. (Although the FBI classifies arson as a property crime, it does not estimate arson data because of variations in the level of participation by the reporting agencies. Consequently, arson is not included in the property crime estimate.) The program also collects arrest data for the offenses listed above, plus 20 offenses that include all other crimes except traffic violations.


Source..... FBI

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

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Law Offices of Jonathan Franklin
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LAPD Police Officers Under Attack

Los Angeles Police Chief Charlie Beck released surveillance video Wednesday in hopes that the public can identify a man they says is a suspect in the shooting of two detectives.

The black-and-white video shows the man carrying what authorities believe to be the revolver used to wound two detectives who were ambushed outside the LAPD's Wilshire station early Tuesday.

Hundreds of officers sealed off 25 blocks of the busy Mid-City area for hours and detained 10 people but never found the gunman.

The manhunt was followed by an apparently unrelated shooting hours later, when two officers were shot during a probation check at a Willowbrook home. After an all-night standoff, the suspected gunman was found dead Wednesday.

The attacks happened hours apart and sent police swarming to Los Angeles neighborhoods, disrupting thousands of people. They appeared to be unrelated, police Cmdr. Andrew Smith said.

In the latest assault, authorities conducting a routine probation check were searching the Willowbrook home at about 7:30 p.m. Tuesday when a man inside shot an LAPD gang officer in the face and grazed the leg of a probation officer, Smith said.

The officer underwent surgery and was recovering in hospital intensive care, Smith said.

Read More... http://www.huffingtonpost.com/2013/06/27/lapd-attacks-on-officers_n_3511087.html?ncid=edlinkusaolp00000003

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
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Top Los Angeles Attorney on Drug Charges

A person who is facing a drug charge has important decisions to make about legal representation. The attorney you choose has one opportunity to present your case before the court. You need an experienced attorney who will fight for the best result possible.

As a former prosecutor and now a criminal defense attorney, Jonathan Franklin understands all of the issues that arise in drug cases. His firm, the Law Offices of Jonathan Franklin, uncompromisingly defends clients accused of drug charges in California Superior Court.

For a free initial consultation, contact us at 310.273.9600. We can discuss your legal options and how a positive outcome could be achieved in your case.

What a Drug Defense Attorney Can Do for You
The Law Offices of Jonathan Franklin represents clients accused of drug charges, such as:

Simple possession of drugs
Drug possession with intent to distribute
Drug trafficking
Prescription drug fraud
Manufacture of drugs
Cultivation of marijuana
Other drug charges

We handle cases involving all types of drugs and controlled substances, including marijuana, crack, cocaine, meth, heroin, and prescription drugs.

An experienced drug attorney knows how to investigate and defend clients accused of drug charges. Jonathan Franklin will examine all aspects of your case, paying particular attention to the events leading up to the arrest, search and seizure techniques used, and the behavior of undercover detectives or informants. We will analyze each one of these issues and build the strongest case possible based on the facts of your case.

Alternatives to Incarceration in Drug Cases
We may also be able to assist you with alternatives to incarceration, such as drug court, Prop 36 programs, and deferred sentencing options. Not everyone can qualify for these solutions. But when alternative sentencing is possible and when it makes sense for you, the Law Offices of Jonathan Franklin will seek to obtain one of these outcomes for you.

In a frank and honest consultation, we can explore the different legal strategies available. Our goal in every case is to obtain the best outcome possible to protect your rights and preserve your freedom.
 
FREE initial consultation with a lawyer at the Law Offices of Jonathan Franklin about a drug charge, contact us at 310.273.9600.  Our phones are answered 24 hours a day.

More Information... http://www.jonathanfranklinlaw.com/drug-charges.html