December 2011 Newsletter

Think On This:

"Live each season as it passes; breathe the air, drink the drink, taste the fruit and resign yourself to the influences of each."

-- Henry David Thoreau

 Trademarks   Business Contracts 
Entertainment Contracts
Corporate Formation
Business Plans
Cease & Desist Letters
Infringement Settlement
 Collection Letters
 Legal Research and Advice
Melissa's Corner
photos by Melissa
View from Red Rocks
Las Vegas, NV
Photo by Melissa K. Dagodag
c. 2011

Butterfly with Shadow
Las Vegas, NV
Photo by Melissa K. Dagodag
c. 2011
Contact Melissa:


Legal Tip:
Need to File a Statement of Information? Due to budget cuts the Secretary of State will NOT be sending Statement of Information forms to companies. Be sure to either file online at or print, complete and mail the form from the Secretary of State’s website located at
Client Corner:
Firmly Planted Design, LLC:
Alicia Blas founded Firmly Planted Design based on her belief that people need more green in their lives.  While she still works as a garden designer, she markets a great line of gift products that embody "green grassy goodness", including pillows, window boxes and frames.  For more information, see this.
Legal Update, Intellectual Property Law:
Avoid Certain Keyword Use: Take care when using keywords on your website that trigger the display of a competitor’s advertisement, since this could lead to your being sued for unfair competition and trademark infringement. The Ninth Circuit Court of Appeals recently held in Network Automation, Inc. v. Advanced Systems Concepts, Inc. that use of a competitor's trademark as a search engine keyword that triggers the display of a competitor’s advertisement is a "use in commerce" under the Lanham Act. For more, see this

Legal Update, Copyright Law:
Think Twice about Appropriative Art:
Be careful if you are an artist, museum or gallery involved in appropriative art (art that appropriates and incorporates artwork from other sources, including, often, photographs taken by others), since the U.S. District Court for the Southern District of New York recently held the Gagosian Gallery and fine artist Prince liable for copyright infringement stemming from Prince’s use of artist Patrick Cariou’s photographs.  The transformative use argument (that Prince’s work provided a commentary on Cariou’s artwork and thus was worthy of its own copyright protection) was rejected as part of a fair use argument because the court found no commentary was made on Cariou’s work by Prince.  The Court went further to find the infringement by Prince and Gagosian to be willful and is in the process of awarding multiple damages and attorney’s fees to Cariou.   For more, see this article.

Melissa's Law Practice Update:
Did You Know? 
Melissa can file your new California corporation or limited liability company documents in December 2011 and request a filing date of January 2012. That way can get up and running and avoid paying 2011 taxes for your new business entity. December is a great time to hire Melissa to handle your business entity formation.


Services Provided by Melissa:
As General Counsel for successful small businesses, entrepreneurs, and creative people, I offer a host of services...
searches, opinion letters, and applications
drafting, reviewing, and negotiating
Corporate and LLC formation:
government filing, drafting bylaws and operating agreements, licenses, fictitious business name registration
Business Plans:
drafting from A - Z, reviewing
applications and searches
Cease & Desist Letters:
for trademark and copyright infringement
Infringement Settlement:
negotiating and drafting agreements
Collection Letters:
drafting letters
Legal Research and Advice:
answering your legal questions
And Much More...
Contact Melissa to see how she can help you.
The Law Offices of Melissa K. Dagodag
468 North Camden Drive, Beverly Hills, CA 90210
(310) 699-8155