Holmes Weinberg PC

12/21/2022

We are thrilled to announce that the Association of Media and Entertainment Counsel (AMEC) has named Holmes Weinberg “Law Firm of the Year.” The following is from AMEC’s press release:

Holmes Weinberg has consistently been described as one of Hollywood’s top powerhouse boutique law firms. The firm’s entertainment practice includes transactions and litigation with a focus on intellectual property, advertising, marketing, digital media, licensing, and sponsorships. Hillary Bibicoff, a firm partner and Governor of the Academy of Television Arts and Sciences, explained, “Having worked as an attorney both in-house and at a law firm, I realize that legal counsel in the entertainment industry often don’t get recognized for our role in helping deliver creative content for the consumer. For my firm and me, there is nothing more rewarding than being honored by your clients and colleagues.”

And to add to this exciting honor, we also once again were named as a Best Law Firm by US News and World Report, and Steve Weinberg and Hillary Bibicoff were once again named as Best Lawyers in America, and we garnered other professional accolades as well.

What a wonderful way to end the year and start a new one! Our best to all of you who have contributed to our success!

11/11/2022

We are very excited to announce that HW partner Hillary Bibicoff has been elected as Peer Group Governor of the Television Academy! Peer Group Governors play an integral role in the Academy, including approving any changes to the Emmy Awards Rules and Procedures and setting the Academy's strategic direction. This is one more honor accrued by Hillary.

03/31/2022

Holmes Weinberg is honored to fully support and celebrate, and is dedicated to fight for the rights of all transgender people today and always.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION To everyone celebrating Transgender Day of Visibility, I want you to know that your

01/22/2021

Huge congratulations to Holmes Weinberg client Kirshner Events Inaugural for its brilliant production of the Biden/Harris Inaugural, Celebrating America, the COVID Memorial and Virtual Parade and to HW partner Hillary Bibicoff who did production legal for these events. So proud!

12/08/2020

We are very excited to share this terrific article about our Emmy Award winning client Ricky Kirshner, who has produced the Super Bowl Halftime shows for years and this year's Democratic Convention and will be producing the upcoming Biden Inauguration.

The Emmy-winning producer drew headlines for this year’s Super Bowl halftime show and virtual Democratic National Convention.

09/30/2020

We are excited to share that we just won a UDRP proceeding for our client JST Online Solutions. A UDRP proceeding is one in which someone who claims to own the rights to a domain name but didn't register it tries to get a transfer of the domain name from a third party who did register it. The transfer will be ordered if the arbitrators deciding the case find that the registrant acted in bad faith in registering and using the domain name. In our case, our client is the registrant of the domain name. The arbitrators dismissed the claim against them on the strength of the record we provided, that is, that this is a contractual business dispute between the parties not subject to the UDRP. The parties are currently also in litigation in LA Superior Court.

08/07/2020

We’re excited to share our clients’ Emmy nominations:

Pam Fryman, the award-winning director of the hit series “How I Met Your Mother,” was nominated in the category of Outstanding Directing For A Variety Special for Live In Front Of A Studio Audience: "All In The Family" and "Good Times." The program was also nominated for Outstanding Variety Special and Outstanding Technical Direction.

Super Bowl LIV Halftime Show Starring Jennifer Lopez And Shakira, was nominated for Outstanding Variety Special. The show also received nominations for Outstanding Directing for a Variety Special, Outstanding Lighting Design/Lighting Direction for a Variety Special, and Outstanding Music Direction. HW, and specifically partner Hillary Bibicoff, handled the production legal for the show. Hillary also is Ms. Fryman's counsel.

Congrats to all!

08/04/2020

One of our favorite not for profits is the Emily Shane Foundation, named after our friends Ellen and Michel Shane's daughter who was murdered in her early teens ten years ago. The Foundation provides educational mentoring to disadvantaged middle school kids, mostly of color, who can't otherwise afford this kind of valuable assistance. Like most not for profits in the COVID era, the Foundation is struggling. Ellen Shane has written a delightful children's book, The True Secret of Sherlock and Jackson, who were Emily's dogs. The money raised by the book goes directly into the Foundation, and thus directly helping kids who as we all know can really use the help. Please purchase one or more copies of the book, or otherwise contribute to this wonderful but struggling not for profit. Thanks.

Emily's Gift: The True Story of Sherlock and Jackson By Ellen Shane Owning a puppy is a big responsibility, and boy is Emily ready! It is too bad her parents do not agree! Emily’s Gift: The True Story of Sherlock and Jackson is a moving tale of

06/30/2020

The Supreme Court held today, in an 8-1 decision authored by Justice Ginsburg, that booking.com could be registered on the Principal Register as a service mark, and that specifically, if the public perceives a generic + .com term as a trademark or service mark, it can be registered and protected as a registered mark. While this may at first appear to be a somewhat dramatic decision, it’s not.

In fact, the opinion boils down to holding that there is no per se rule that a generic +.com term cannot be registered. The Court noted in this regard that the PTO has been inconsistent in its decisions on this point; for example it had permitted registration of “ART.COM” on principal register for, inter alia,“[o]nline retail store services” offering “art prints, original art, [and] art reproductions” and “DATING.COM” on supplemental register for “dating services.” Such inconsistency is nothing new to those of us who practice trademark law.

Ironically, way back in 1983, the late Arthur Greenbaum, Jane Ginsburg (RBJ’s daughter and now a distinguished professor at Columbia Law School) and I co-authored an article in which we posited that if a term has a dual significance of being both generic and source denoting, like Monopoly for board games, it should be treated as a trademark and not as a generic term. And later in my career, I argued to the Trademark Trial and Appeal Board that the term “Softsoap,” which originally had been denied registration as being generic, was understood by the public as a trademark and should be permitted registration. The Board agreed and SoftSoap was registered.

There are a number of nuances in the opinion which could have important effects on US trademark law, which I will address in a lengthier discussion on our website blog The Brand Lawyer. For now, though, I’ll leave this where I started – this was a well reasoned but narrow decision that essentially confirms how we as consumers perceive brands. Given the reasoning of the opinion, it will be interesting to see how the PTO addresses generic + .com terms that are filed on an intent to use basis, having no proof of how the public perceives the term.

06/12/2020

Our client Olmstead Williams has made a powerful statement to businesses about what it means to truly support Black Lives Matter.

The death of George Floyd and the massive uprising of protests have left many businesses speechless and uncertain about how to proceed. Profound social issues, specifically Black Lives Matter and equitable practices toward people of color, are now important to every company’s stated code of ethics...

06/09/2020

We're excited to share that our dear friend and client Mallory Lewis, Shari's daughter and also a brilliant ventriloquist, now has "Lamb Chop" masks available! https://merchmade-easy.merchmadeeasy.com/collections/lamb-chop

and just to make this more tempting, a portion of each purchase will be donated to No Kid Hungry, a charitable organization that provides vulnerable kids with nutritious food and teach their families how to cook healthy, affordable meals

Hi! This is Mallory Lewis and Lamb Chop, Shari Lewis's daughters. Thank you SOOOOOO much for taking home a little bit of "Lamb Chop" by buying our masks! A portion from the sale of each masks will go to NOKIDHUNGRY.ORG. By keeping you and your loved ones safe, you are also feeding those in need. And...