01Oct 2019 by bhandlaw
Can I Tape Record a Conversation Like in ‘Succession’?

Can I Tape Record a Conversation Like in ‘Succession’?

Popular Culture, Privacy, Uncategorized
HBO's "Succession" is one of my favorite shows going, and easily one of the best things on TV. It's not even a debate. The subplot of a recent episode, in which one of the less scuzzy supporting characters (Greg) secretly tapes his conversation with far sleazier boss (Tom) in order to have evidence of Tom ordering him to destroy, well, evidence, provided a fine excuse to cover the question: Is it illegal to secretly tape record your live conversation with someone? Arizona is a "One-Party" State No, I am not talking politically.  When it comes to recording a conversation you're having, Arizona is what is known as a "one-party" or "single-party" consent state. Under Arizona Revised Statutes §13-3005, it is a felony for you to intentionally "intercept" a conversation or…
Read More
03Oct 2017 by bhandlaw

Cupcake War: FoodNetwork Sued over Popular Snow Globe Cupcake Video

Copyright, Copyright Infringement, Popular Culture
With the holidays already approaching, things might be get a little too hot in the kitchen for Food Network, which has been sued for copyright infringement by a woman claiming the network stole her idea and techniques for creating snow globe cupcakes, as demonstrated in her how-to video on SugarHero.com. Last year, Elizabeth LaBau posted how-to-video on YouTube showing viewers how to use gelatin sheets and water balloons to transform the basic cupcake into a highly creative (and pretty cool looking) holiday treat. However, only a few weeks later, LaBau alleges that the Food Network uploaded a competing video on the network’s Facebook page, which she claims is essentially an unauthorized and uncredited reproduction of her original cupcake video. I’ve often been asked whether or not a particular favorite or…
Read More
26Sep 2017 by bhandlaw

99 Problems But Trademarking Your Name Ain’t One

Popular Culture, Trademark, USPTO
As fans of musicians Beyonce and Jay-Z learned earlier this Summer, the entertainment power couple gave birth to twins named Rumi Carter and Sir Carter. However, not making nearly as many tabloid headlines was Beyonce's (or, rather, her trademark holding company) subsequent application to the U.S. Patent and Trademark Office seeking to register both children’s names as actual trademarks. The applications claim use of both marks in commerce for 15 different classes of goods or services such as cosmetics, baby apparel, playing cards, and entertainment services. As of the time of this writing, both applications with the USPTO are currently pending examination. Every so often I’m asked by someone if they can trademark their own name. The smart alecky answer I usually give is that one can always make an…
Read More
18May 2017 by bhandlaw

Better Call Saul? Not so Fast, According to Ethical Rules

Legal Ethics, Popular Culture
I've never been a huge fan of legal shows, but I am an unabashed fanboy of AMC Network's "Better Call Saul" (just as I was of its parent series, "Breaking Bad"). For those of you who've been living under a rock the past decade, BCS is the critically-acclaimed prequel to 'Bad, and follows the rise (or descent, depending on how you want to look at it) of its titular character from struggling semi-legit lawyer James McGill and his transformation into ethically challenged (though highly effective) lawyer "Saul Goodman". [SPOILER ALERT] Seeing as how last night's Season Three episode ("Off-Brand") first introduces us to the use of the alias "Saul Goodman" (albeit not in the context of a practicing attorney), I thought it might be fun to see if James McGill could…
Read More