Cinnamon Bay,
St. John. Photo by
Melissa Dagodag
c. 2006

Located in Los Angeles, The Law Offices of Melissa K. Dagodag serves entrepreneurial businesses and creative individuals. We pride ourselves on providing an excellent alternative to large, impersonal law firms.

• REGISTERING TRADEMARKS, DEALING WITH TRADEMARK AND COPYRIGHT INFRINGEMENT ISSUES
  Trademarks and copyrights -- use the links for straightforward explanations by Los Angeles attorney Melissa K. Dagodag.

• BUSINESS FORMATION
  Why have a good lawyer form a corporation or form an LLC for you?

• BUSINESS CONTRACTS
  Find out about the benefits of having your business contracts prepared and reviewed by Los Angeles lawyer Melissa K. Dagodag.

• ENTERTAINMENT AND MUSIC LAW
  As a highly skilled attorney based in Los Angeles, Melissa brings years of studio, in-house and law firm experience to her work with entertainment law and music law.

Melissa provides sensible legal advice to deal with your specific issues -- this includes offering preventative legal medicine to help you avoid common legal pitfalls.

Typical clients include Entrepreneurs, Designers, Manufacturers, Performers (located in and outside of Los Angeles), Retailers, Artists, Authors, Web Developers, Consultants, Producers and Production Companies, and other Premier Small Businesses.

A graduate of Stanford University (B.A., M.A.) and UCLA School of Law (J.D.), Melissa opened her own law firm in Los Angeles after having worked as an entertainment and music law attorney at a top California law firm, as an in-house attorney handling contracts and business affairs at a major fashion company, and as in-house attorney at an international music publishing company.

• Registering trademarks and copyrights
• Forming corporations, partnerships, and limited liability companies (LLCs)
• Preparing contracts: trademark licensing, copyright licensing, employment, non-disclosure, entertainment, partnership, dissolution, trade secret, buy-sell, publishing, recording artist, record producer, sales of businesses, etc.
• Writing cease and desist letters
• Infringement settlement
• Collection letters
• Preparing business plans
• Providing advice and research on your specific legal issues
  

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SEVEN INTELLECTUAL PROPERTY MYTHS THAT CAN HURT YOU

1. I paid a designer to make something for me, so now I own the design and can use it for free however I want. 

Example: I spent $5,000 to have my website designed for me, and now I can use the design from the site however I want.

This is not true.  Unless you have a “work for hire” agreement in writing, you do not own the work your web developer did on your behalf.  Your web developer still owns it.  You should have an attorney draft a work-for-hire agreement with specific legally binding language that gives you ownership of the copyrightable material from the site.

2. If I alter someone else’s creative work by more than 25%, then I am not infringing that person’s copyright. 

Example: I take Andy Warhol’s Marilyn Monroe print and change the colors and the size. Since I changed the work a lot, I think I’m not infringing the copyright.

This is likely untrue.  The measure of copyright infringement is “substantial similarity”--whether or not a reasonable person would find the two works substantially similar based on a number of specific considerations.  There is no set percentage by which you can alter a work and be sure to avoid being sued for infringement.  If you really want to build on someone else’s work, you should have an attorney “clear” the work by obtaining permissions where necessary.

3. I can use someone else’s trademarked brand on my product or service because mine is a different kind of product or service.

Example: I open a café called Pink Berries that does not sell frozen yogurt. Because I don’t sell yogurt, and I changed the name, I assume I am not infringing the pinkberry yogurt chain’s trademark.

The issue is whether there is a “likelihood of confusion.” This is determined by weighing several factors. For example, two of the factors that would be considered are 1) whether consumers are likely to be confused about the source of the product or service and 2) whether the marks are similar in appearance, phonetic sound, or meaning.  The courts also look at how much the products cost, where you buy them, etc.  Don’t just pick a brand name because you like it; you need to clear it with an attorney first.  Even if you don’t have to pay damages, you may lose all of the money you put into your marketing and advertising.

4. I can get a poor man’s copyright by mailing myself a copy of my creation and keeping it in a sealed envelope. 

Example: I’m a screenwriter. I mail myself a copy of my latest screenplay, and I keep the sealed envelope in my desk. I believe this gives me an enforceable copyright.
                 
This is an urban legend, and the answer is “no”.  Mailing your work to yourself isn’t what gives you a copyright (though in some cases it might give you something of value).  The screenplay is actually copyrighted the moment you put it on paper. That said, there are real advantages to formally registering the copyright with the U.S. Copyright Office. These include the ability to file a lawsuit for copyright infringement, and when you file in a timely manner, the right to get extra money (statutory damages and attorney’s fees) in such a lawsuit.

It is fairly simple to apply for a copyright registration on your own. If you feel more comfortable, you can use an attorney.

5. If a creative work does not bear a copyright notice, then it’s not copyrighted. 

Example: I liked someone else’s blog entry about cars so I copied a few paragraphs from it and posted it on my car aficionado website and even gave the blogger credit. I think that’s okay because the blogger doesn’t have a copyright notice, and I gave him credit and didn’t copy the whole blog.

This is not true for several reasons. For example:

• Everything created after April 1, 1989 is copyrighted and protected whether or not it has a copyright notice on it.
• Giving others credit for their work is not the same as getting permission to use their work.
• Copying a substantial part of a blog word-for-word is likely to be infringement.

If you’re not sure, consult with an attorney.

6. I have an original, brilliant idea for a script.  Because it’s original, it’s automatically protected.

Example: I have a great idea for a script about a vegetarian sushi chef who really wants to be a hairdresser.

There are big issues here.  For example:

• You can’t copyright an idea. You’ve got to put your idea into a “tangible medium” – like writing it down.  You need to make the idea into something you can touch or buy.
• All that is protected is the “expression” or description of your idea, not the idea itself.
• Certain kinds of writing are not copyrightable. For example, you can’t copyright a list of addresses.

There is a lot of nuance in the law. When it doubt, consult with an attorney.

7. I want to use an old creative work for commercial purposes. Since it’s so old, I can use it for free.

Example: I assume that I can use an old oil painting for free on my new line of greeting cards without infringing the copyright. 

It depends. Just because a work is old doesn’t mean it is necessarily in the public domain. Particular rules and dates apply to what is and isn’t in the public domain. As a general rule, works created after January 1, 1978 maintain copyright protection for 70 years after the author passes away.  Also be aware that international copyright laws can be very different from U.S. laws.

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If you need an excellent Los Angeles trademark attorney, entertainment lawyer, contract attorney, copyright attorney, music lawyer, business attorney, or other related legal services, we encourage you to contact Melissa at her Los Angeles law office.

Summary of Los Angeles Attorney Melissa K. Dagodag's Services:

Los Angeles lawyer Melissa Dagodag handles business law, entertainment law, music law, and intellectual property law. This includes business formation (corporations, partnerships, LLCs), copyright and trademark registration, drafting and negotiating contracts, cease and desist letters, collection letters, infringement settlement, creating business plans, and other legal advice and research.

Trademark Registration, Licensing, and Infringement Issues
Copyright Registration, Licensing, and Infringement Issues
Forming Corporations, Partnerships, and LLCs
Preparing and Negotiating Contracts
Cease and Desist Letters
Infringement Settlement
Collection Letters
Business Plans
Other Legal Counsel and Research

She can form your business entity properly by filing the appropriate papers with the California Secretary of State and also drafting the appropriate business agreement (such as an Operating Agreement for limited liability companies and Bylaws for a corporation). Los Angeles attorney Melissa Dagodag also helps her clients by meeting with them in person in order to sign and review all of the relevant documents; obtaining Employer I.D. Numbers from the IRS; and gathering all of the documents necessary to open company bank accounts.

Melissa drafts production agreements for many Los Angeles entertainment companies, film companies and independent producers. She drafts agreements for independent films (including writer, director, producer, actor, etc.), and option agreements. She also drafts record producer agreements, record label agreements, composer agreements, recording artist agreements, master use licenses and synch licenses.

Melissa helps protect trade secrets from her law offices in Los Angeles via contract. Trade secrets are one of the only forms of intellectual property protection that require no registration. She also drafts work-for-hire agreements so that you can own whatever intellectual property is created for you by the people you hire. She deals with domain name issues and U.S. Customs intellectual property registration and enforcement. She can register your brand names and creative works with U.S. Customs to prevent the importation of infringing goods. Melissa handles many other aspects of intellectual property law, including website terms & conditions and web development agreements.

Representative Clients:

A lawyer in Los Angeles, Melissa has experience with many types of clients including: start-ups, manufacturers, fashion designers, jewelry designers, filmmakers, artists, authors, actors, producers, writers, digital animators, web developers, videogame developers, photographers, inventors, architects, contractors, interior designers, showroom owners, computer programmers, consumer product manufacturers, music publishers, music producers, musicians, songwriters, record producers, record labels, recording artists, retail store owners, architects, social networking sites, distributors, non-profits, business consultants and other entrepreneurs.

Services to Clients:

Melissa has experience with drafting and negotiating a wide array of agreements including: business formation, business dissolution, trade secret, work-for-hire, employment, non-disclosure, distribution, fashion, sales representative, production (music, film and television), recording artist, songwriter, record producer, music and book publishing, writer, author, sale of business, buy-sell, web developer, website terms and conditions, licensing (copyrights and trademarks) and settlement. Furthermore, Melissa writes collection letters (for clients who want to collect past due money) and cease and desist letters (for those who want to stop infringers from knocking off their products or to stop other intolerable acts).

Although Melissa is a practicing attorney in Los Angeles, she applies for European trademark protection through the Madrid Protocol application available via the United States Patent and Trademark Office. For many countries not covered by the Madrid Protocol Melissa also has a readily-available network of foreign attorneys and agents who can assist her clients with overseas’ matters to receive foreign copyright and trademark protection, as well as intellectual property rights enforcement.

Melissa's Goal:

Melissa’s goal as an attorney is to provide the highest quality transactional (relating to contracts) and other legal services in Southern California, including Santa Monica, West Los Angeles, the Pacific Palisades, Malibu, West Hollywood, Beverly Hills, Century City, Rancho Park, Culver City, Hollywood, Los Feliz, Silverlake and metropolitan and downtown Los Angeles.

Experience and Training :

Melissa has extensive training and experience as an attorney, and as a small business owner. She owned her own product design and manufacturing business for about eight years before becoming a lawyer in Los Angeles, so she has real world experience marketing at trade shows, writing brochure copy, designing brochures, creating press kits, invoicing, collecting and managing teams of sales representatives and employees. Melissa’s business acumen helps her to bridge the gap between lawyer and layperson, so that she demystifies legal concepts and helps her clients get a handle on covering their legal bases.

Areas Served:

The Law Office of Melissa K. Dagodag serves the following Southern California cities: Los Angeles, Santa Monica, Culver City, Westwood, Brentwood, Beverly Hills, Los Angeles/West Hollywood, Malibu, Bel Air, Pacific Palisades, Burbank, Pasadena, Glendale, Studio City, Encino, Sherman Oaks, Woodland Hills, Los Angeles/Hollywood, West L.A., Westlake Village, Thousand Oaks, Calabasas, Agoura Hills, metropolitan L.A., Newport Beach, Palos Verdes, Manhattan Beach, Redondo Beach, Huntington Beach, Laguna Beach, Marina Del Rey, Rancho Park, the Beverly Center area, Westwood and downtown Los Angeles.

To search for the Law Offices of Melissa K. Dagodag, you can look for: Melissa K. Dagodag, Los Angeles, California, Santa Monica trademark attorney, Los Angeles copyright attorney, trademark lawyers, trademark attorneys, Santa Monica intellectual property attorney, IP, trademark application, copyright application, IP lawyer, trademark, how to apply copyright, Santa Monica lawyer, Los Angeles trademark attorney, trade secret lawyer, trade secret protection, Los Angeles entertainment attorney, West Hollywood business attorney, legal advice southern California, Los Angeles entertainment lawyer, fashion attorney, IP attorney, Los Angeles IP attorney, California legal advice, West Hollywood lawyer, Los Angeles Intellectual Property lawyer, intellectual property protection, intellectual property application, domain name disputes, business contracts, Los Angeles business attorney, West Hollywood trademark attorney, Santa Monica copyright attorney, corporate attorney, Los Angeles business lawyer, California business advice, Los Angeles music attorney.

Melissa can serve her clients’ contractual intellectual property and business needs from her office on the Westside of Los Angeles and in other parts of LA. Melissa is ready to help with any trademark, copyright, trade secret, trade dress, domain name matter, business entity formation, corporate or other business matter. Phone number: 310-699-8155.