October, 2018

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The College Art Association Guide to Fair Use

Art Law Journal

Nicole Martinez. Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts.

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Trademark Licenses in Bankruptcy Cases

Greenspoon Marder LLP

By: Sharon Urias, Esq. What happens to a trademark license when the brand owner goes bankrupt? This is a question to be addressed by the Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC , which is a question the International Trademark Association, who filed an amicus brief in support of the petition for certiorari, called “the most significant unresolved legal issue in trademark licensing.

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Calculating Patent Term Adjustment (PTA) – An Overview

More Than Your Mark

As discussed in our previous post , Patent Term Adjustment (PTA) under 35 U.S.C. §154(b) and Patent Term Extension (PTE) under 35 U.S.C. §156 provide for extensions on the standard patent term, which can be very valuable for products that have long development and/or regulatory approval lifecycles, such as in the case of pharmaceuticals. This post will focus on the calculation of PTA, which is intended to adjust the patent term to compensate for delays caused by the U.S.

Patent 52
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Effective Assistance of Counsel and the Right to Appeal

GDB Firm Blog

In New York, every criminal defendant can appeal their conviction to the intermediate appellate court. They do so by filing a notice of appeal within thirty days of the imposition of their sentence. The failure to do so can constitute a waiver of a defendant's appellate rights. So important is the right to take an appeal from a conviction that the highest state appellate court, the Court of Appeals, has held that the failure of a lawyer to timely file a notice of appeal constitutes a violat

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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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Is Facebook Censorship Legal?

Art Law Journal

Steve Schlackman. Facebook censorship policy is becoming more prevalent as it attempts to clean up fake news posted to the platform. But how does that affect Facebook users' right to Free Speech?

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Trademark Trolling

Greenspoon Marder LLP

By: Sharon Urias, Esq. Similar to their patent or copyright troll counterparts, “trademark trolls” are unscrupulous characters that exploit intellectual property laws for financial gain. Although some may characterize “trademark bullies” (i.e. companies that aggressively threaten litigation to enforce trademark rights more broadly than they should) as trolls, this blog post only addresses opportunistic trademark registrants.

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Case Threatening To Redefine Liability For Subway Construction Work Is Thrown Out By Appellate Court

GDB Firm Blog

In a case which had the potential to upend the world of subway construction, the Appellate Division affirmed the proposition that commercial property owners who suffer financial damages as a result of neighboring subway construction work may not recover damages for lost rental income from the MTA or the contractor. So long as there is no property damage resulting from the work, an abutting property owner must endure the temporary inconvenience of subway work, no matter how much it interferes wit

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Owner's Payment to GC Is Absolute Defense to Sub's Mechanic's Lien Claim

GDB Firm Blog

It has long been well established that payment in full by the project owner to its general contractor protects it against any later mechanic's lien claim by a subcontractor. The theory is that under the Lien Law, the owner only has to pay once. Having fulfilled its obligation to the general contractor, the owner has an absolute defense against the later claims of unpaid subcontractors.

Law 40
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In A Class of One's Own

GDB Firm Blog

Although a Lien Law trust diversion action must be commenced as a "class action," it may proceed even where the class consists of only one member.

Law 40