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Please be aware there are certain individuals on the internet falsely claiming to be representatives of OGNI Profumo.

If you are contacted by anyone claiming to be a representative of OGNI Profumo, do not respond without first verifying their identity.

(ALL agencies or agents must be licensed.  If someone approaches you and claims to be an agent, be sure to research them before signing any kind of agreement. Legitimate agencies or agents should be listed in the phonebook or online, and the agent or agency will also have long-standing relationships with many of its clients.

No person shall engage in or carry on the occupation of a talent agency without first procuring a license therefor from the Labor Commissioner. The license shall be posted in a conspicuous place in the office of the licensee. The license number shall be referred to in any advertisement for the purpose of the solicitation of talent for the talent agency. (Labor Code section 1700.5)

Definitions-

"Person" means any individual, company, society, firm, partnership, association, corporation, limited liability company, manager, or their agents or employees. (Labor Code section 1700)

"Talent agency" means a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist or artists, except that the activities of procuring, offering, or promising to procure recording contracts for an artist or artists shall not of itself subject a person or corporation to regulation and licensing under this chapter. Talent agencies may, in addition, counsel or direct artists in the development of their professional careers. (Labor Code section 1700.4(a))

"Artists" means actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises. (Labor Code section 1700.4(b))

See Labor Code sections 1700 through 1700.3 for other relevant definitions.

Toute personne physique ou morale est tenue d’être titulaire d’une licence d’agent artistique pour pouvoir opérer le placement d’artistes à titre onéreux (c’est-à-dire en étant rémunéré pour cette activité)

Cette obligation est notamment applicable à ceux qui, sous l’appellation d’impresario, de manager ou sous toute autre dénomination, reçoivent, au cours d’une même année civile, mandat de plus de deux artistes du spectacle de leur procurer des engagements.  Virgil Abloh professed that “you can’t counterfeit something that’s not wanted, that’s the highest achievement that you can get: to make an idea and then someone want to make a copy of it.” 

“imposters  have used my artwork/designs/concepts without any authorization, debasing its original meaning and only to amplify their image with a clear commercial purpose that has nothing to do with that path of artistic awareness that has always characterized my works.

Official artworks, products, and models will be featured on the website. Thank you for your understanding.

What Is Wrongful Interference with a Business Relationship?

Wrongful interference in a business relationship is referred to by legal experts as a tortuous interference.3 min read

1. Interference with a Business Contract
2. Interference with Business Relations
3. Proving Interference Occurred with a Business Relationship
4. Elements of a Wrongful Interference Business Case

 

Wrongful interference in a business relationship is referred to by legal experts as a tortuous interference. On its own, a 'tort' is when reasonable care or deference to another person is disregarded. By extension, businesses themselves can commit torts against individuals or other businesses. Such interference is referred to as a business tort. Whether committed by an individual against a business, a business against a business, or a business against an individual, tortuous interference is divided into two main types: Contract interference and business relations interference.

Interference with a Business Contract

As implied, this type of interference requires a formal business agreement or contract already be in place and then be interfered with. Furthermore, the interference with a business contract must be intentional and the contract itself must be valid. If the defendant can show the interference was accidental or unintentional, then the defendant is not guilty of tort. It also would not qualify as tort if the defendant did not use coercion to interfere with a business contract, and/or did not intend the loss of a business opportunity.

If a valid contract exists and the defendant's knowing breach of it can be documented, this is a straightforward way to demonstrate tortuous interference in a civil court. Courts in most jurisdictions, however, also require the plaintiff to prove the interference caused harm to the business in some way, which in most cases is financial.

Interference with Business Relations

This type of tortuous interference has the same requirements as interference with a business contract, but deals with relations outside of the actual contract. Often agreements made outside of a formal contract are based on a history two parties have with each other, an oral agreement, or stipulation of a future contract. Rather than a current agreement, inchoate rights may also be interfered with. Inchoate rights are those which a party does not yet have, but has reasonable expectation to have in the future.

Because business relationship interference is often much less documented than contractual interference, it can be more difficult to demonstrate in court. The burden is often on the plaintiff to prove an actual business agreement exists, then move on to proving such an agreement was knowingly interfered with. Since an outside party may not be aware of a verbal agreement, intentional interference may not have been the case. Or if a contract has yet to be signed, a competitor may see that contract as one still capable of being won.

Proving Interference Occurred with a Business Relationship

Whether or not a contract exists to show the relationship, the burden of proof is on the plaintiff to show that the defendant intentionally caused harm through coercion or other interference. Two or more businesses fairly competing for a lucrative customer contract, for instance, is standard business practice and not harmful. Furthermore, the harm must be in a lost business opportunity that the plaintiff reasonably believed it already had.

For example, it might be reasonable to believe a contract would have been signed if a thread of emails shows an agreement on a date and place for signing, and a former employee now working for a competitor knew of the date and coerced the client to sign a contract with the competitor beforehand.

Most often unlawful tortuous interference takes the form of overzealous free market competition. While competition is allowed and encouraged in business, it can become tortuous if it becomes unfair. For instance:

  • Coercing a customer to break its contract with a competitor through deception, threats, or unyielding persistence.

  • Deceiving another company's employees to lure them to work for you instead.

  • Making false claims about a competitor to deter business.

  • Threatening a logistics company if they make a supply delivery to a competitor.

  • Interfering with a party's ability to uphold its contractual obligations.

Elements of a Wrongful Interference Business Case

Each jurisdiction is different in the ways it currently and historically has conducted business. Therefore the elements necessary to make a wrongful interference case will also vary by jurisdiction. Most jurisdictions agree upon the following, although it is best to consult a legal expert on a case-by-case basis:

  • The defendant can prove a valid relationship or contract existed.

  • Such valid contract/relationship was willfully violated.

  • The interference was not authorized in any way.

  • Financial or other damages must have been the result of such interference.

If you are unsure whether you have been the victim of wrongful interference with a business relationship, post your legal need on UpCounsel's marketplace today. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

Promptly call us directly at one of our offices and we will be happy to assist.

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