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LA Times: Michael Tomson arrested after car crash
Ad Age: Bonnier sells Ski, Skiing and Skiing Business magazines, Warren Miller Entertainment
Sports Goggles Provide Data and Distraction
Inc. Magazine: "The Way I Work: Yvon Choinard"
OC Weekly: Profile of Pelle Klein, founder of skate startup Costa Misery
NYT: Profile of PPR CEO Francois-Henri Pinault
NYT: Obama picks REI CEO to lead Interior Department
► Industry Insight
ROTH Capital Partners to Sponsor the Second Annual Marcum LLP MicroCap Conference
Infringement of Intellectual Property
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Industry Insight
News and Advice from our Sponsors
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ROTH Capital Partners to Sponsor the Second Annual Marcum LLP MicroCap Conference
ROTH Capital Partners a full service investment bank focused on identifying growth opportunities for corporate and institutional clients, today announced that it will sponsor the Second Annual Marcum LLP Microcap Conference to be held at the Grand Hyatt New York, NY on Thursday May 30th, 2013.
The Marcum MicroCap Conference will allow institutional investors, sell-side analysts and investment bankers the opportunity to consider the investment prospects being showcased by the next generation of up-and-coming microcap companies in seven industry sectors, including Technology & Telecom; Social Media & Internet; Life Sciences; Retail and Consumer Products; Energy and Natural Resources; Industrials; and Special Situations. The Conference begins with opening remarks at 8:30 a.m. and will conclude with a cocktail hour with comedian Susie Essman.
Mitchell Truelock, Managing Director – Investment Banking for ROTH will moderate one of the eight expert panels at the conference. The panel named Exploring Small IPOs, Follow-Ons, PIPEs, Registered Directs & Confidentially Marketed Public Offerings, will feature topics on trends in fundraising for early stage companies, advantages and pitfalls of different types of structures and investing in early stage companies from a portfolio point of view. Panelists include Richard Friedman of Sichenzia Ross Friedman Ference LLP, Steven Uslaner of Littman Krooks, Jonathan Rich of National Securities Corp and Richard Morris of Herrick Feinstein. The panel will take place from 10:00 am EST to 11:00 am EST.
For more information, list of presenting companies and registration, please visit the conference website.
Infringement of Intellectual Property
In the new era of internet, YouTube, social media, scanners, copiers and other technical devices the ability to infringe on other peoples intellectual property is incredibly easy. Getting caught at it, sometimes with severe financial implications is even easier. It is also important for the creative people in the industry to understand the boundaries of fair interpretation, and not infringe on other people’s intellectual property. In recent years the following infringements have given rise to numerous claims and large financial liability!
TRADEMARKS
A trademark is a word, symbol or device that may be used to identify the source or origin of goods or services, guaranteeing the quality of the goods bearing the mark and distinguishing those goods from others. The trademark can be a word, a design (logo), look, color or even smell. The distinctive stitching on denim pockets can also be a trademark and Levi’s very aggressively protects there arch design.
Before attempting to launch a new trademark or using a name as a “style name,” extensive research should be conducted to ascertain whether there is any danger of the proposed usage infringing a third party trademark, which could be registered or obtained by prior usage.
The first and simplest check is to Google the name. If this shows usage in the product category probably better to try again. Even if the Google search is negative, search US Patent and Trademark Office. If the name does not come up on either search you should consult with an attorney to confirm your findings. Choosing an impaired name can be disastrous.
Often style name use of another’s mark does not constitute infringement. However getting called on use and dealing with it is an expense not needed.
COPYRIGHT
Copyright protects original works of authorship. Copyright arises automatically whenever a creative work is fixed in any tangible medium. A creative work is a manifestation of creative effort such as artwork, literature, music, paintings, and software. The standard for copyright infringement is whether the infringing work bears a SUBSTANTIAL SIMILARITY to the protected portion of the copyrighted work. This is obviously a very subjective test in practice, substantial similarity is usually obvious.
In recent years there have been a number of copyright infringement cases brought against retailers and manufacturers arising from the use of copyrighted prints. Changing a few details of the original design is no guaranty against an infringement. There is no magical “10% rule” as is commonly believed. Last year, Target Corporation and the vendor which sold Target the garment were ordered to pay EKB Textiles more than $389,000 and attorneys’ fees arising from Target selling a garment purchased from a vendor, incorporating a floral/paisley print. The colors, layout and the composition remained the same but a few details were changed.
Whether the print is internally created, if there is substantial similarity and the infringer is liable often to disgorge profits and pay attorney’s fees. If purchased there may be a right of indemnity which is of little use if they are a small time vendor with no resources to indemnify with! If purchasing a print, either probe as to the origin or change the print substantially. There is no “good faith” exception. Defending these cases is costly, win or lose.
PERSONAL LIKENESS
Living people (and in some cases dead people) have the commercial right to exploit their own image. Any use of the likeness, name, image, or even distinctive voice of a living (or in some cases dead) person could be a violation of that persons rights, and entitles them to damages.
The person doesn’t have to be a celebrity or even be clearly identifiable in the picture. They only need to be recognizable by a small number of people.
You MUST obtain that person’s written consent (usually accompanied by payment) before use – this includes athletes, models, employees or anybody involved in a photo shoot. Have your attorney prepare a standard template release for signature in each instance. If acquiring from freelance photographer or artist, make sure he supplies appropriate releases.
Another misconception that prevails is that stopping or making changes after receiving a cease and desist letter will suffice. This is not always the case. Plaintiff’s attorneys will assess profits on prior sales and if the amount is worth chasing they will not accept an apology and undertaking to stop the infringement.
The contents of this article are intended for general information purposes only and should not be construed as a professional opinion on any specific facts or circumstances. Professional advice should be consulted with regard to specific application of the information on a case by case basis.
Moss Adams Capital Spotlight Series
You're invited to join Moss Adams for our Spotlight Series event for apparel, accessories and footwear business owners and executives. Experts in areas that include operations, supply chain, corporate finance, accounting and tax, strategic planning, and mergers and acquisitions provide guidance on pressing topics affecting your business.
At this event we'll be discussing the following:
- The State of the Retail Industry. Analysis of 2012 retail performance and a look at 2013 retail trends and what they could mean for your business.
- Why Now is the Best Time in Four Years to Sell a Company or Raise Capital in this Sector (And Why Transactions are Not Happening). A discussion of the factors in place which should create the strongest demand from strategic and financial investors since the end of the recession, and what’s contributing to low deal activity in 2013.
When & Where
Friday, June 7
8:30 a.m.-10:30 a.m. PT
Moss Adams LLP, Orange County office
2030 Main Street, Suite 1400
Irvine, CA 92614
Presenters
Geoffrey Haydon | Moss Adams Capital LLC
Vice President, Investment Banking
Frank Kaufman| Moss Adams LLP
Business Assurance Partner
For questions, please contact:
Nicole Hagaman | 949-221-4084.
CIT Perspectives Factoring in Fashion
In the latest video in the CIT Perspectives Factoring in Fashion series, the Tharanco Group explains why it looks to CIT Trade Finance for accounts receivable factoring and financing services.
Tharanco is a privately-held holding company that includes an established apparel division that supports more than 20 brands ranging from couture to contemporary. Based in New York City, Tharanco started as a manufacturer of private label apparel, providing branded goods to sell exclusively in a variety of well-known retailers.
Here’s what Haresh Tharani, Founder and Chairman, says about the value of a working with a factoring company and his long standing relationship with CIT.
Surfers and Collectors Made History with First-of-its-Kind California Surf Auction
Presented by Quiksilver Waterman Collection, the first biennial Surfing Heritage Vintage Surf Auction "California Gold" went off at the OC Fair & Events Center in Costa Mesa yesterday with total sales of $680,000. The event was organized to raise funds for the Surfing Heritage & Cultural Center, which has as its mission the preservation of surfing's history for current and future generations.
Hundreds of surfers and collectors attended the event to enjoy the art, music, book signings, vintage cars and of course the silent and live auctions. Surf legends and industry icons in attendance included Tom Curren, Peter Mel, Keith Malloy, Robert "Wingnut" Wea
ver, Mark Cunningham, John Van Hamersveld, Greg Noll, Larry Bertlemann, L.J. Richards, Mickey Munoz, Peter Townend, Rich Harbour, Rusty Miller, C.R. Stecyk III, Paul Naude and Fernando Aguerre.
With more than 50 surfboards from the early 1900s through today, a highlight of the auction included the Pete Peterson 1949 California Point Break Board, which sold for the highest price of $32,400. In addition, the most anticipated portion of the evening, the sale of "The Surf Riders of Hawaii" by A.R. Gurrey, Jr. book sold for $27,000.
The proud new owner of a $32,400 Pete Peterson 1949 California Point Break Board is Reef co-founder Fernando Aguerre.
"I'm stoked that all of the surfers and collectors supported the event's debut in California. The strong demand for the rare surfboards and memorabilia, was demonstrated by more than 90% of the lots selling," said Scott Bass, director of the Surfing Heritage Vintage Surf Auction. "After the solid showing yesterday, we are looking forward to doing it again in two years."
As soon as Tom Curren took the stage all other event happenings seemed to stop, and all eyes and ears were tuned into his performance.
The Surfing Heritage & Cultural Center would like to thank the presenting sponsor Quiksilver Waterman collection, and supporting sponsors Surfers Village, Longboard Vineyards, Sticky Bumps and Primo Beer, as well as the other participants, sponsors and volunteers that helped make the day's event a great success.
Alex Gray and Dave Wassel To Be International Surfing Day Ambassadors
The Surfrider Foundation announced this week that professional surfers Alex Gray and Dave Wassel have signed on to be this year’s International Surfing Day Ambassadors. Observed globally on June 20th, International Surfing Day celebrates the sport of surfing and helps raise awareness about issues facing our oceans, waves and beaches.
No matter the wave size, Alex Gray is always down for a good surf mission wherever the waves are good. Growing up in the South Bay near Los Angeles, Alex is probably one of the last people you would think would end up on Oahu’s North Shore for six months out of the yea
r and chasing giant swells around the world, but it was only a few years ago when he made the decision to transition from aspiring WCT surfer to Freesurf freak, slaying waves anywhere between two and twenty feet.
In 2011 Alex won “Best Barrel of the Year” at the Surfer Poll Awards, and has been invited to the Quiksilver “In Memory of Eddie Aikau” contest at Waimea. He’s also graced the covers of multiple surf magazines including Surfer, Surfing and TransWorld SURF. Additionally, the charismatic Alex has co-hosted the prestigious Surfer Poll and Billabong XXL Awards multiple times.
“International Surfing Day is a fun way to inspire ocean awareness through a day dedicated to the greatest sport and lifestyle in the world…surfing,” says Alex.
Big wave surfer, North Shore lifeguard, and free diving addict Dave Wassel encompasses everything that it means to be a waterman. For over a decade, Dave has been in an elite group of big wave surfers. In the last three years, he’s been invited to the prestigious “In Memory of Eddie Aikau,” and scored the covers of both Surfer and Surfing magazines for his rides at Tavarua. Last year, Dave won the Monster Paddle Award at Billabong’s XXL Big Wave Awards for a 53-foot wave at the famed Jaws break in Maui.
“I am thrilled to be working with Surfrider Foundation for this year’s International Surfing Day,” says Dave. “Who knew I needed another excuse to go surfing? Stay wet and we’ll see you in the water!”
“We are excited to have both Alex and Dave as this year’s International Surfing Day ambassadors,” says Surfrider Foundation Director of Marketing & Communications Laura Lee. “Their positive contributions to surfing and stoke align perfectly with the goals of ISD and we hope their involvement helps us reach a wider audience.”
To stay updated on ISD happenings, follow Alex Gray on Facebook, Twitter (@turkeymelt1) or Instagram (@a_gray), Dave Wassel on Instagram (@davewassel), or visit us online at www.intlsurfingday.com.
*Photos courtesy of Body Glove
Surf Culture Event of the Year Saturday, May 11
Must-Attend Surf Culture Auction Takes Off with an Online Catalogue!
Extraordinary works of art, surfboards, and other sought-after collectibles that make the culture of surfing tick, go on the auction block this Saturday, May 11 at the Orange County Fairgrounds. There will be a fast-paced live auction as well as an exciting silent one at this much-anticipated event. Here are a couple of pieces of note:
A Barry McGee and Joel Tudor collaboration board. In 2004 Thomas Campbell produced his second 16mm film "Sprout." This board was created as a fundraiser for the film and was a collaboration between Thomas, Joel, Barry, and shaper Bill Shrosbree. Barry McGee is internationally acclaimed for his work as a street and graffiti artist and is a much-respected cult figure in the bi-coastal subculture that comprises skaters and surfers. Exhibitions include the 2001 Venice Biennale; the 2006 "Beautiful Losers" at the Circleculture Gallery, Berlin, Germany; and the 2012 Barry McGee Retrospective at the Berkeley Art Museum.
Visionary publisher, surfer, artist, and filmmaker, John Severson has focused on subject matter that deals with surf culture since the 1950s. His watercolor Golden State is an evocation of the best days of surfing in California as we might remember them and the sunlight that infuses our experience on the water. Everyone knows that Severson is a Hall-of-Fame surfer and founder of Surfer Magazine.
The Surfing Heritage Vintage Surf Auction "California Gold" takes place on Saturday, May 11, 2013 at the Orange County Fair & Events Center. The event starts at 12 noon with the Auction Preview. The Silent Auction follows at 1 p.m., with the Live Auction kicking off at 5 p.m. For $10 you can get into the auction exhibition, live music, and reception areas, which will have no-host food trucks. For $25 you can get a bidders paddle to participate in the auctions. Live bands include Tower 7, Mattson2, Tom Curren, and Ray Barbee. The event will also feature collectible appraisals, book signings, and special guest appearances. For $150 you can bring your date and be admitted to the exclusive VIP area with complimentary food and drinks. VIP tickets must be purchased by Wednesday.
To reserve tickets Click Here.
To view the silent and live auction Click Here.
To view the online auction catalogue Click Here.
This auction is a fundraiser benefit for Surfing Heritage & Culture Center.
Exciting News from Turtle Bay Resort!
Exciting news keeps rolling in from Turtle Bay Resort! April 29th our renovated spa and fitness center opened after undergoing multi-million dollar enhancements. The reinvented spa takes on a new name: Nalu Kinetic Spa.
Nalu is Hawaiian for wave and ocean surf. It’s also a verb, the action of waves. To nalu is to meditate, ponder and contemplate.
Nalu Kinetic Spa provides a multi-sensory experience of the ocean. Three outdoor treatment rooms were added where guests can get a massage, relax and unwind to the sound of the ocean. State-of-the art kinetic equipment is available in our fitness center that offers panoramic ocean views to those working out on cardio machines or lifting weights.
April 30th, The Oakley Store at Turtle Bay opened offering the most extensive range of technical eyewear and offering styles for both men and women. The store also has a broad range of Oakley logo surf wear and lifestyle apparel, including an exclusive resort line of t-shirts created for Turtle Bay.
There’s still more exciting changes on the way! June 2nd the first wing of our enhanced guest rooms will be finished. The updated decor reflects a contemporary, beach house feel, authentic to the North Shore with warm tones and splashes of tropical color.
The redesign is led by award-winning Honolulu-based firm WCIT Architecture and includes all-new fixtures, furnishings, bedding and décor in the guest rooms, as well as completely remodeled bathrooms with new tile, vanities, and walk-in showers. We invite you to come experience the epic changes first hand! Aloha and we hope to see you soon!
KNOWSHOW July 30-August 1st: Registration Now Open
Check out all the action at KNOWSHOW's Spring/Summer show. Registration is now open!
NEXT SHOW : July 30 - August 1st, 2013
Tuesday / Wednesday : 9:00am - 6:00pm Thursday 9:00am - 4:00pm
West Hall A 1055 Canada Place, Vancouver, BC
Vist our new website for more information!
Surfrider's Campaign to Save Trestles Forever
We recently caught up with Stefanie Sekich of Surfrider Foundation about the Foundation's efforts to Save Trestles Forever.
On Friday, April 19, the Foundation's Save Trestles Blog reported that the TCA had "held a 'Special Meeting' to approve plans for their so-called 'Tesoro Extension,' the first 5 miles of the 241 Toll Road that would end up paving over a large portion of San Onofre State Beach and connect with I-5 near Trestles."
The blog notes that "Previously we were assured multiple times that the TCA would hold public workshops and have an open comment period to take input on this project before approving. Instead, they put an agenda on their website with less than 48 hours notice, notified nobody, and then held a vote."
We asked Stefanie to give us a few more details on future plans for the Save Trestle Forever effort.
1. What is Surfrider Foundation doing next on this issue?
We will continue to follow their plans to build the road in segments--especially as they try to obtain a permit from the Regional Water Quality Control Board. The Board will issue a decision sometime this spring/summer. In the meantime, we will follow their plans to finance the road--which isn't looking good. If they don't have money, they can't build the road!
Recently the Los Angeles Times reports that the Pacific Research Institute, a conservative think tank, released a new analysis of TCA's finances that concludes “the operations of these toll roads presently appear to be unsustainable and likely have been unworkable from their inception.” The report explains that TCA’s shaky financial plans and debt structure will make its financial status worse, “likely forcing a default or another restructuring.”
Surfrider is working with our long-standing Save San Onofre Coalition and we have other tricks up our sleeves to ensure they do not build this road--the same road that was rejected by the State of CA and the Bush Administration.
We will continue to pressure the TCA and attend their Board meetings. Surfrider and NRDC recently testified before the TCA chastising them for making a rush decision to build the road in segments.
TCA says they will conduct public workshops and we plan to make sure we personally invite as many people to those workshops as possible.
2. What can industry companies do to help?
Help us spread the word. Many people think that the fight is over. Despite our best efforts to inform our members about TCA's plans to build the road in segments, many people still don't know the TCA is illegally trying to carve the road up into pieces.
Please circulate links to our Save Trestles page and feel free to use the image above.
3. What is the official timeframe?
They must obtain a few more clearances to build the first section of the road. While that process varies, we know the Regional Board will be deciding this spring/summer.
The work TCA needs to do for other agencies is still in the air, that is why it's so important that we keep spreading the word, so as they try to obtain their permits they are stymied by public opinion.
