Legal Background

• LL.M. (Master of Laws) in I.P. Law, with Honors, Golden Gate University School of Law, San Francisco, CA (2005).
• J.D. (juris doctor), Golden Gate University School of Law, San Francisco, CA (2000).
• Admitted to the State Bar of California (2004).
• Admitted to practice in federal courts of the Northern District of California.
• Author of “The OSYU v. Bikram Choudhury Copyright Case: Analytical Approaches to Fleshing Out a Paper Tiger,” published in the University of San Francisco School of Law Intellectual Property Bulletin (Fall 2005).
• Guest lecturer for the Metal Arts Guild on “Copyright Protection for Works of Industrial Design & Jewelry,” Fort Mason, San Francisco, CA (March 2006).

My interest in intellectual property law stems from a musical background spanning 40 years and ranging from playing guitar and bass in musical projects to owning a commercial recording studio and independent record label in the ‘90’s. Many times, I find the same creative drive in my small business clients as I do in my art, music, and film clients. Creative Vision Legal is my attempt to meld my legal experience with my love of the creative process, regardless of whether I’m advising a budding film maker or budding entrepreneurs. If you have any questions or comments, please feel free to contact me at mike@creativevisionlegal.com.

Representative Experience (Intellectual Property)

• Negotiated copyright infringement settlement, including disgorgement of all profits, on behalf of a visual artist against a nationwide retail chain.
• Negotiated domain name transfer and settlement against a foreign cybersquatter that avoided UDRP proceeding.
• Participated in federal copyright declaratory relief litigation involving Bikram yoga, including discovery matters and writing summary judgment motion on publication issue under the 1909 Copyright Act.
• Counseled co-authors of famous book series on partnership, joint authorship, and trademark rights, assisted in formation of LLC for new publication efforts, advised on continued LLC operations, and negotiated on their behalf in the formation of a mobile app LLC with a third party.
• Represented clients in dozens of cease-and-desist letter situations (both enforcement and defense), including one letter received from a prominent video game maker regarding the novel issue of a client studio’s use of real-time video game computer graphics engines to create cinematic productions (“machinima”).
• Assisted a non-profit with the acquisition of rare statue molds, advised on copyright and contract issues, and drafted sales contract.
• Trademark prosecution and common-law trademark risk assessment for a variety of goods and services, and counseling of businesses on trademark rights, including in the cannabis industry.
• Successfully enforced a band’s common law trademark rights in band name against a foreign infringer.
• Clearance of rights reviews of independent films and screenplays.
• Registered copyrights in screenplays, board games, individual songs, full-length releases of sound recordings and musical compositions as collections, business promotional materials, three-dimensional works of art, web sites, and photographs among others.
• Drafted licensing agreements, assignments, contracts, and releases in the film, music, and tech spaces.

Representative Experience (Business Formation and Related Matters)

• Assisted businesses in LLC and corporate formations, including professional corporations, in industries such as retail, tech consulting, acupuncture, architecture, film production, home services, fitness, and advertising.
• Advised on operation of LLCs, C and S-corporations, professional corporations, and general partnerships; counseled on best practices aimed at maintaining and optimizing limited liability status.
• Drafted a variety of governance and investment-related documents, including operating agreements, bylaws, shareholder agreements, and PPMs.
• Advised businesses on employment law issues such as independent contractor status and AB5, application of Cal. Labor Code sec. 2870, work made for hire situations, and nondisclosure agreements.
• Advised businesses regarding online legal considerations, and drafted privacy policies and terms of use.
• Advised managing member of film production LLC on options for dissociation and assisted in successful transfer of entire membership interest and withdrawal.
• Advised an LLC client on a franchise agreement and drafted demand letter that resulted in the return of his entire investment, avoiding costly litigation.
• Assisted a band member in dissociation from a RUPA default partnership situation;
• Assisted bands in forming partnerships by drafting partnership agreements addressing multiple IP issues.