March, 2020

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Department of Labor issues further guidance on whether employers can layoff employees directly affected by the Coronavirus

GDB Firm Blog

As more and more employers are required to reduce their workforce due to the Coronavirus slowdown, many have asked whether they can include in the reduction in force an employee who is suffering from the effects of the virus and would otherwise have been entitled to paid sick leave under the new federal Families First Act.

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Can I Use James Joyce Case to Justify Copying?

Dear Rich IP Blog

Dear Rich: I am an Australian author now based on Italy. I have written a biography of a major Italian journalist with the permission/collaboration of his publisher and newspaper, obtained by my former Australian publisher, which approved the manuscript for publication. Unfortunately, very similar to the Shloss case, his heir who inherited the copyright to his work has refused use of the archive material which is central to the biography and I cannot publish the book.

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Interview with Thomas J. Colson, Esq.

LoTempio Law Blog

We had the chance to interview Thomas J. Colson Esq. of Colson Law Group and learn more about his book, “Envy Down: Embrace the Adversity in your Life.” Check the interview out below! What is your name? Thomas J. Colson, Esq.; Colson Law Group I have been an attorney for over 30 years…a field that […]. The post Interview with Thomas J. Colson, Esq. appeared first on Vincent LoTempio | Registered Patent Attorney, Trademark, and Copyright | 1-800-866-0039.

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U.S. Supreme Court: states are immune from copyright infringement liability

IP Spotlight

A new Supreme Court decision holds that states are immune from infringement suits under the United States Copyright Act, despite a 1990 law that attempted to remove states’ sovereign immunity in copyright infringement cases. In Allen v. Cooper (decided March 23, 2020), the Court considered a case involving videos and photos of a shipwreck that the state of North Carolina published online.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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US Biosimilar Market Expands As BPCIA Turns 10

Bio Law Blog

The 10th anniversary of the U.S. biosimilar pathway the Biologics Price Competition and Innovation Act of 2009 (BPCIA) is quickly approaching and marks an expansion of the U.S. biosimilar market. The BPCIA, signed into law on March 23, 2010, was slow to get going. The FDA did not approve the first biosimilar product, Sandoz's Zarxio (Neupogen), until the spring of 2015, and Zarxio was first launched in September of that year.

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EU Trademarks Post-Brexit: Now What?

KMK Blog

On 31 January 2020, the United Kingdom officially left the European Union. However, the withdrawal agreement concluded between the EU and the UK provides for a transition period until 31 December 2020, during which time EU law remains in force in the UK. This transition period applies to, among other things, the EU Trademark Regulation as well as its implementing regulations.

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Computer and Internet Weekly Updates for 2020-03-28

Barry Sookman

Computer and Internet Weekly Updates for 2020-03-21 [link] 2020-03-22 Commissioner issues guidance on privacy and the COVID-19 outbreak [link] 2020-03-23 Canada's cyber spies taking down sites as battle against COVID-19 fraud begins [link] 2020-03-23 Looking to temporarily lay off staff during the coronavirus crisis? Wait, that’s illegal [link] 2020-03-23 New Coronavirus Stimulus Bill In Congress Creates U.S.

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Football and Patents

LoTempio Law Blog

Football is probably the most popular sport in the United States. Not only that, the Super Bowl is probably the most anticipated American sports event. In this week’s blog post, we will be looking at some of the patents that relate to football. From helmets to balls, we’re going to cover it all (okay, not […]. The post Football and Patents appeared first on Vincent LoTempio | Registered Patent Attorney, Trademark, and Copyright | 1-800-866-0039.

Patent 52
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CARES Act authorizes USPTO to extend certain patent and trademark deadlines

IP Spotlight

NOTE: A more recent post with specific details about extended deadlines is available at this link. The newly-enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act provides patent and trademark applicants the opportunity for temporary relief from certain deadlines as more and more businesses face mandatory shutdowns due to effects of COVID-19.

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The aftermath of the new Canadian Trademark Legislation

Canadian Intellectual Property Blog

On June 17, 2019, Canada’s new Trademarks Act and Trademarks Regulations came into force. The new Act and Regulations introduced significant changes to Canada’s trademark practice. The implementation of the new Act and Regulations has been challenging and a learning experience for everyone, including trademark owners, practitioners and Canadian Examiners.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Patented Cooking Instruments!

LoTempio Law Blog

Everyday we use some sort of cooking appliance or tool to prepare our foods. Whether it’s microwaving your favorite frozen pizza or toasting a breakfast pastry, cooking appliances provide some of the greatest conveniences known to man. However, did you know that many of the appliances that we use today were protected by patents at […]. The post Patented Cooking Instruments!

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Patents on the Gear Used in Fight Sports

LoTempio Law Blog

“And it’s Goodnight Irene!” That’s probably a phrase you heard once or twice from Michael “The Voice” Schiavello if you watch sports like kickboxing, MMA or boxing. Kickboxing, MMA, and boxing are sports where there is an almost guaranteed chance of someone getting hurt. That’s why proper protection is extremely important.

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Some Good News: Tax Deadlines Have Been Extended to July 15, 2020 - But Beware the Traps!

GDB Firm Blog

The economic uncertainty caused by the Coronavirus extends to income tax obligations, especially in light of the upcoming April 15 deadline for filing income tax returns. IRS Notice 2020-18 and Notice 2020-58 give some relief to taxpayers by allowing extensions to file tax returns and pay income taxes.

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Emergency Relief For New Yorkers Who Can Demonstrate Financial Hardship As A Result Of COVID-19

GDB Firm Blog

The New York State Department of Financial Services (known as DFS) on Tuesday (March 24) issued emergency regulations for New York residents with residential mortgage loans on property in New York who can demonstrate financial hardship as a result of Covid-19. In general, the regulation contemplates two different types of relief - mortgage payment relief on residential mortgage loans and relief from certain bank fees.

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CORONAVIRUS UPDATE: WHAT NEW YORK EMPLOYERS NEED TO KNOW ABOUT THE MOST RECENT LEGISLATION ENACTED TO ADDRESS THE EFFECTS OF THE CORONAVIRUS PANDEMIC

GDB Firm Blog

This alert summarizes the key provisions of the most recent legislation affecting New York employers enacted to address the effects of the Coronavirus pandemic, and answers employers' most frequently asked questions.

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How will the shutdown of “non-essential” businesses affect trademark rights?

IP Spotlight

As “non-essential” businesses are required to close in more and more United States jurisdictions, many businesses have paused operations. This pause may interrupt continuous use of trademarks in connection with the products and services that the affected businesses offer. When renewing trademark registrations, trademark holders must declare that the trademark has been in continuous use in commerce.

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QUESTIONS & ANSWERS How Multi-Family Building Owners, Coop And Condo Boards, And Managing Agents Should Deal With COVID-19

GDB Firm Blog

We want to share with you questions and answers regarding COVID-19 that supplement our memorandum of March 13. These are an additional resource for multi-family building owners, coop and condo Boards, and managing agents.

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Cooperatives and Condominiums Should Close All Gym Facilities Until Further Notice

GDB Firm Blog

Last night, Governor Cuomo announced an Executive Order that requires all gyms to be closed until further notice. The Executive Order did not distinguish public or private gyms, or gyms of a particular size, so the Order should be read as applying to all gyms of all sizes. The Executive Order reads, in relevant part: "Any gym, fitness centers or classes, and movie theaters shall also cease operation effective at 8 pm on March 16, 2020 until further notice." We will advise our clients whe

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Can There Be Willful Exaggeration of an Otherwise Defective Lien?

GDB Firm Blog

In order to obtain damages for the willful exaggeration of a mechanic's lien, the lien must be declared void because of its willful exaggeration. If it fails for any other reason, damages under the Lien Law are not available.

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HOW MULTI-FAMILY BUILDING OWNERS, COOP AND CONDO BOARDS AND MANAGING AGENTS SHOULD DEAL WITH COVID-19

GDB Firm Blog

Owners of multi-family buildings, boards of condominiums and cooperatives and their managing agents should be aware of their legal obligations that arise from the novel coronavirus (COVID-19).

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Are Documents for Dinosaurs?

GDB Firm Blog

Most Millennials and GenZers would say we have become (or should become) an entirely paperless society. Yet many Boomers and GenXers still prefer the tangible, physical documents that can be read without the need for electricity or battery power. Can law firms and businesses (including cooperative and condominium boards) operate entirely without paper?

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Truncation and Providing Copies of Checks

GDB Firm Blog

Many banks truncate checks. Some banks go so far as to provide no paper statements and their Internet banking does not provide copies of paid checks unless the depositor asks for them. I have always thought that this exposes banks to extra risks by giving up protections in the Uniform Commercial Code and the account agreement. A recent decision of a New York appellate court suggests that complete truncation, without providing copies of paid checks, is a bad idea.

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CARES Act Eviction and Foreclosure Moratorium For Public Housing and Government Backed Loans

GDB Firm Blog

Questions & Answers

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CARES ACT Grants to the Healthcare Industry

GDB Firm Blog

Questions & Answers

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CARES Act One Time Direct Payments To Individuals

GDB Firm Blog

Questions & Answers

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CARES Act Boosted Unemployment Insurance Payments?

GDB Firm Blog

Questions & Answers

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CARES ACT Significant SBA Loans That May Be Forgiven In Whole Or In Part

GDB Firm Blog

Questions & Answers

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CARES Act Alternative Financial Relief For Employers If They Do Not Obtain An SBA Payroll Protection Program Loan

GDB Firm Blog

Questions & Answers

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COVID-19 and electronic contracting

Barry Sookman

For years, organizations have moved their businesses digital. To consummate transactions and to otherwise engage in contractual activities, organizations have increasingly relied on electronic means of contracting using everything from webwraps and clickwraps (and hybrid variations of these forms of agreements) and electronic documents executed using electronic signatures.

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Will the Defense Production Act shield COVID-19 protective equipment makers from patent infringement risk?

IP Spotlight

On March 18, 2020, President Trump issued an Executive Order under authority of the Defense Production Act of 1950. The Executive Order stated: “I find that health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators, meet the criteria specified in section 101(b) of the Act (50 U.S.C. § 4511(b)).