January, 2018

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Another Trademark Battle Over Color

Greenspoon Marder LLP

By: Sharon Urias, Esq. As previously discussed, colors may be trademarked, in particular when a product’s color develops a secondary meaning in the market, such as when companies and their associated products use specific colors that acquire and establish a distinctiveness in the minds of consumers. Examples include: UPS’s “Brown,” Tiffany’s “Blue,” and “Coco-Cola’s “Red.

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No Contract? No Problem. Condo Unit Owners Can Still Sue Architect

GDB Firm Blog

Bucking a trend to the contrary, a recent decision finds condo unit owners can sue an architect for construction defects—even though they had no direct contract with the architect.

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Could Any Old Yahoo Nab Chief Wahoo?

KMK Blog

The MLB team in Cleveland has finally decided to stop wearing "Chief Wahoo," a caricature of a Native American, on their uniforms. The change will happen in 2019. Interestingly, however, the team told ESPN that it "will still sell merchandise featuring the mascot in Northeast Ohio" because "[t]he team must maintain a retail presence so that MLB and the Indians can keep ownership of the trademark.

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Update: No Infringement in Allstate v. Kia Case

Greenspoon Marder LLP

By: Sharon Urias, Esq. In November, we reported that Allstate Insurance Company (“Allstate”) had sued Kia Motors (“Kia”) for trademark infringement over Kia’s “Drive Wise” moniker and technology, which Allstate argued was too similar to its “Drivewise” insurance product. [link] After the November 2017 trial, a federal jury issued an advisory verdict in favor of Allstate, finding that there was a likelihood of consumer confusion between Allstate’s free downloadable computer application program wh

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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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Substantive Changes for Discovery in Criminal Justice in New York for 2018

GDB Firm Blog

The New York State Court System opened the new year with a swath of proposed changes to the way criminal justice is administered in New York State. These changes, which come in the form of administrative directives from Chief Judge Janet DiFiore, may help to streamline the criminal justice system and avoid improper convictions.

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New York Court of Appeals Sets Forth New Rule on Cross-Racial Identification Jury Instructions

GDB Firm Blog

Recently, the New York Court of Appeals recognized the consensus of cognitive and social psychologists that the likelihood of making a mistaken identification is significantly higher when the witness is identifying someone of another race. This is of crucial consequence in the criminal context since mistaken eyewitness identifications are the single greatest cause of wrongful convictions in the country, responsible for more wrongful convictions than all other causes combined.

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When the Pipe Breaks: A Reminder about the Statute of Limitations

GDB Firm Blog

Can a subcontractor be liable for damages resulting from a pipe break 10 years after it last performed work at the project? Not if its relationship to the plaintiff is the "functional equivalent of privity" and the plaintiff is "not a stranger to the contract.