[Peter C. Lemire]
Actually we are located in Centennial ;-)
More About:
For more information about Attorney Peter C. Lemire of Leyendecker & Lemire LLC
http://www.coloradoiplaw.com/index.html
Peter’s Blog/Website
http://petersguitarproject.blogspot.com/
[Peter C. Lemire]
Wow that’s really out of date! I did finish that guitar it rocks. I will have to do an updated post on that some time.
Intro Questions:
So, Peter what made you want to practice IP and Entertainment Law?
[Peter C. Lemire]
I guess as with most attorneys it was really something I fell into as opposed to a conscious decision. When I came out of law school I actually wanted to be a securities attorney doing IPO’s and stuff. However, it was right at the same time as the Dot Com bust so there really weren’t any positions in that field. I ended up as in-house counsel for a technology company. From my work during law school, I had some small previous experience with copyrights, trademarks and some entertainment law due to a client the firm I was working for had, so when IP issues came up in the company I was the only one in the legal department that had any prior experience with them so I was assigned all the IP issues. After a while you become the “IP Guy”, and then after years of practicing in the area you wake up one day and realize you are an expert in the area. I really enjoy what I do, so it all worked out in the end even if IP and entertainment law really wasn’t on my radar screen when I graduated from law school.
I see that you have interest in music, do you help out local musicians or is it just a hobby?
[Peter C. Lemire]
I do have an interest in music. I’m a big fan of blues, but really enjoy a wide range of styles – anything from Mozart to Metallica. I play guitar(and build them) and drums strictly as a hobby. We represent variety of local musicians and some independent record labels for a lot of different matters, from copyright issues to recording deals, to band agreements. Since music is one of my interests its really fun to represent clients in this area – I’m always amazed at their talent.
Okay, I see that you are interested in movies, help anyone in film?
[Peter C. Lemire]
On the film side we mainly represent film and production companies and on occasion screen writers. Once again it’s a pretty wide scope – anything from film financing deals, to production and co-production deals, distribution deals, clearing and advising on rights and copyrights.
Basic IP Info Questions:
So what is the biggest mistake you see people make when handling their own IP?
[Peter C. Lemire]
Probably two mistakes. The first is not understanding the nature of IP and what the different types of rights are and what they protect. Sometimes people think they have way more rights than they actually do, or actually don’t recognize when they have a protectable and potentially valuable rights to something. The second is failing to seek qualified advice from an attorney that practices in the area. This area is very complex and even though there are a lot of resources out there, it is hard to have a good understanding of IP and entertainment issues unless you deal with them on a day to day basis. The nuances and exceptions to exceptions in this area are staggering and a lot of times the law is counter to what the average person’s gut feel is. You might think it costs a lot to get good advice, but I assure you it is well worth it. I have a lot of really smart attorney friends that practice in other areas of the law at look at me like I am speaking Greek when I talk about IP issues – it really is almost a completely different language.
When trade marking a name, how important is it that it is “unique” and “distinct” if it’s main place is the Internet?
[Peter C. Lemire]
Pretty much one of the most important considerations. How protectable a name is depends on how distinctive or unique it is. If you go with something that very descriptive of your product or services your scope of protection won’t be very broad and you may have difficulties enforcing the mark against people with similar names. Also on the practice side, if your mark is really descriptive and a widely used word or term for your products or services you will get lost in the noise and people will have a hard time finding you in google searches etc. If you have a more unique or distinctive name – if someone hears it and wants to find out more about your company, you have a much better shot of the finding you in a google search, than if they have to wade through hundreds or thousands of other results to get to you.
Specific Event Questions:
So I am planning an event in Colorado for 2012 or 2013 aside from the trademark what else should I consider?
[Peter C. Lemire]
Depends on the type of event, but you want to make sure you have all of your local permits and are compliance will all local laws and regulations. If you are promoting other peoples goods or services as well you want to make sure you get their permission to use their trademarks and associate their goods/services with your event.
Okay, that sounds good, but what if at the event I have guests who want to sell or market their own IP, what are three things I need to consider?
[Peter C. Lemire]
Mainly you want to make sure that they own the IP and whatever they are trying to market or sell won’t create any liabilities for you. You can limit your exposure by having your guests sign documents to you that warrant that they have the rights to what they are selling, by offering the items for sale, they are not violating anybody else’s right, and that if you sustain any losses or damages because of their sales activities that they will indemnify you.
Close Questions:
I know there so much more than can be covered in this email, but is there anything we should know in regards to finding an IP attorney as well as what we should do before seeking one?
[Peter C. Lemire]
I would suggest finding a good IP attorney that has solid experience in the areas of IP that are relevant to you and your situation. For example, people in the entertainment industry probably don’t want to use someone who mainly does patents, as they will not be as familiar with trademark, copyright and other important entertainment issues and ins and outs of the industry. In fact I would probably stay away from patent attorneys, even though they will claim to have expertise in the other IP areas – the subject matter is just too different and a lot of time patent attorney’s don’t have a high tolerance for the ambiguities that surround the issues that come up in entertainment law (complex copyright issues for example).
Again, I want to thank Peter C Lemire for taking the time to answer these questions.
