Four Seasons Total Landscaping Trademark Issues

WHAT BUSINESS OWNERS NEED TO LEARN FROM THE RUDY GIULIANI “FOUR SEASONS TOTAL LANDSCAPING” PRESS CONFERENCE. What’s a Trademark and How Can You Protect Yours?


My interview this week is with Stephen Stanwood, an Intellectual Property and Trademark Law attorney. The topic crystalized for me after watching the one and only Rudy Giuliani give his now infamous rant from the Four Seasons Total Landscaping parking lot in Philadelphia. You know, the parking lot between an adult book and sex toy store and a crematorium. Apparently he and others confused the name with another venue we all know as the Four Seasons Hotel.

In addition to giving me a good laugh, and I wasn’t alone– see this TikTok video I shared on Facebook, the confusion got me to thinking about whether or not “Four Seasons Total Landscaping” could even legally use the term, “Four Seasons” in its name without violating the intellectual property trademark rights of the “Four Seasons” hotel properties.

Is this OK?

What are the laws?

Can they use this name in creating and selling merchandise?

How do the courts balance consumer confusion and IP violations in these types of cases? What are the damages, if any?

If you own a business, how can you protect your business name so that Rudy doesn’t show up unannounced? Just kidding but you know what I mean.

Well, this Monday at 1 pm PDT (4 pm ET), trademark lawyer, Stephen Stanwood, will share his thoughts on these questions, and more, as a guest on my live video show. Share with your friends and get your questions ready to ask Stephen live!

Stephen and I will dive deep on Monday and make sure that by the time we’re done, everyone watching will understand who owns the name of their company and, what needs to be done to protect your company name from being used by other people.

Join us live on Facebook, Twitter, Periscope, LinkedIn and YouTube this Monday at 4 pm ET. You can watch live or recorded via all the links at https://streaming.lawyer or jump directly over to Facebook at https://www.facebook.com/mitchjackson.live

Between now and show time, please connect with Stephen on LinkedIn https://www.linkedin.com/in/stephen-stanwood/ and watch this hysterical TikTok about the Rudy press conference rant– at the wrong place  (seriously, I couldn’t stop laughing out loud). https://www.facebook.com/jon.mitchell.jackson/posts/10158946585627138

If you think others will enjoy this show, please use the buttons to share our live and recorded show on social media. Thanks! Mitch

#video #interview

Three Simple Ways Katy Perry Could Have Avoided Creative Copyright Infringement

The lawsuit against Katy Perry’s copyright infringement for her smash hit, “Dark Horse”, has come to a close. The singer was found guilty for copyright infringement in August 2019, and it cost her a whopping $2.78 million.

While the defense team argued Perry used basic pop music building blocks for the song, the jury found otherwise. The lesson to be learned is that one can never be too careful.

So what steps can creatives take to avoid getting sued for copyright infringement?

Be inspired, but don’t copy.

There’s a blurred line between saying one was inspired by a creative piece, and actually “taking” a part of it for your original idea. Even if Perry had admitted to using another artist’s song as inspiration for “Dark Horse”, the verdict shows that she was inspired a bit too much. The lesson here: admire others, but stay 100% original. If you question whether it may violate copyright laws, it probably does.

If you really love something, ask permission.

So let’s say you really, really love a song (or photograph or painting, etc.) and want to use some of it in your music (or artwork, etc.), you’re better off just asking and getting written permission. Find out who the owner is and ask if you could use it or have a license to use it. It’ll be a hit or miss (and may even cost you some — or a lot — of money), but it’s better than getting sued later on.

When in doubt, look it up.

If you have any questions regarding copyright — including how much of a work you can use (and in what manner) — definitely consider talking to a lawyer or doing some research through the U.S. Copyright Office website. Their FAQ page at the Copyright Office site has tons of answers you may be searching for, too.