Creative Law Center
MARCH 2, 2019
Innovative museums share their collections with high resolution open access images that can be used by anyone for anything. The post Museums that Give Away Open Access Images of Public Domain Work appeared first on Creative Law Center.
More Than Your Mark
OCTOBER 10, 2019
The first U.S. plant patent has been issued on a variety of hemp, which is by federal law a cannabis plant with less than 0.3% tetrahydrocannabinol. See our post, “ The USPTO Issues First Hemp Plant Variety Patent; Expect More to Come ,” on our cannabis law blog, Legally Grown , to read more. If you have any questions about this post or any other related matters, please contact us at info@norris-law.com.
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Greenspoon Marder LLP
JULY 1, 2019
By: Sharon Urias, Esq. On June 28, 2019, the United States Supreme Court granted certiorari to Romag Fasteners, Inc. v. Fossil, Inc., a case involving the question of whether profit awards in trademark cases require evidence that the infringer acted “willfully.” Romag, a manufacturer of magnetic snaps and fasteners, first sued Fossil, a fashion accessory brand, in 2010 for patent […] The post Greenspoon Marder Intellectual Property Blog: Profit Awards in Trademark Cases: Supreme Court to D
McBayer IP Blog
MARCH 20, 2019
Posted In Trademark The purpose of a trademark is to provide your business with a unique identifier on which to build your brand. Trademarks then help you to stand out in the marketplace. It’s only fitting, therefore, that one of the key elements of trademark infringement under the Lanham Act, also known as the Trademark Act, is the likelihood that consumers would be confused by a mark that is similar in some way to the potentially-infringed trademark.
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?
GDB Firm Blog
MARCH 13, 2019
The New York State Prompt Payment Act allows subcontractors to be informed by the owner of payments made to the prime contractor.
Art Law Journal
JANUARY 15, 2019
Steve Schlackman. On Jan 1, 2019, we not only ushered in a new year but also an unprecedented amount of creative works entering the public domain.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Creative Law Center
JANUARY 10, 2019
The public domain freeze is over. More creative work is free for use than ever before. Here's how to tell if a work is in the public domain. The post What is in the Public Domain? appeared first on Creative Law Center.
More Than Your Mark
JUNE 25, 2019
Cannabis-related U.S. patents have been issued since at least the mid-1990s. But if the only way to practice a cannabis patent involves breaking federal law, does the patent lack utility? See our post, “ What’s the Use – Do Cannabis Patents Have Utility? ,” on our cannabis law blog, Legally Grown , to read more. If you have any questions about this post or any other related matters, please contact us at info@norris-law.com.
Greenspoon Marder LLP
MAY 3, 2019
By: Nabil Rodriguez, J.D. & Justin McNaughton, Esq. On April 24, 2019, the U.S. Department of Agriculture (“USDA”) announced that the Plant Variety Protection Office (“PVPO”) would start accepting applications for protecting hemp varieties. The PVPO program provides a form of intellectual property protection to breeders of new varieties; it grants certificates of exclusivity that last 20 years (25 years for trees and vines).
Greenspoon Marder LLP
MARCH 11, 2019
By: Sharon Urias, Esq. Unlike trademark law in the United States, there is no “use in commerce” requirement in China, which follows the “first to file” rule to establish priority among competing trademark owners. For trademark owners based in the US or other countries outside China, a domestic application for trademark registration can be filed directly with the China Trademark Office (CTMO).
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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.
GDB Firm Blog
MARCH 11, 2019
You've served your rent demand, no payment. You've started your nonpayment proceeding, no answer. Now you're ready to ask the court to grant you a judgment of possession based on the tenant's default. Easy, right? Not really. There are a number of items on the judge's and the warrant clerk's checklist that must be satisfied first.
Greenspoon Marder LLP
FEBRUARY 20, 2019
By: Sharon Urias, Esq. Once you have a registered trademark, there are certain “good practices” that you should consider following in order to strengthen that mark. In general, trademarks become stronger as they become better known in the marketplace. However, others’ use of your mark may prevent its increase in strength and may, in fact, weaken it.
More Than Your Mark
FEBRUARY 11, 2019
Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. This means that drug and biotechnology-based inventions are treated no differently by the U.S. Patent and Trademark Office (USPTO) as inventions in fields such as computer science, information technology, household consumer products, financial services, and industrial chemicals, etc.
GDB Firm Blog
FEBRUARY 4, 2019
Many of our condominium clients face expensive capital improvement projects. While cooperatives can obtain a traditional mortgage loan by pledging their building as collateral, condominiums cannot do this. But there is still a way for condos to finance their projects.
Greenspoon Marder LLP
JANUARY 25, 2019
By: Sharon Urias, Esq. Blockchain is a technology that allows transactions to be digitally recorded in a “decentralized ledger.” The ledger, which is a public database accessible by all participants, cannot be controlled by a single entity and has no single point of failure. In essence, it is a technology that offers a safe, accurate trail of digital information.
McBayer IP Blog
JANUARY 16, 2019
Posted In Trademark A well-known truism of trademark law is that if the owner of a trademark is not making adequate ongoing use of that trademark, the owner of the mark is at risk of jeopardizing the continued right to enforce the trademark to prevent others from using the same or a similar mark in a related line of business. Apparently the McDonald’s restaurant chain just this week felt the pain of this rule, possibly losing the right to enforce the BIG MAC trademark anywhere throughout t
Greenspoon Marder LLP
JANUARY 15, 2019
By: Sharon Urias, Esq. The proliferation of three-dimensional (3D) printing has led to unique challenges and novel issues in the context of intellectual property law and, in particular, patent law. Due to the protracted nature of the legal system, modern innovation and technological advancements always seem to outpace the law. 3D printing is no exception.
GDB Firm Blog
DECEMBER 16, 2019
Every week, one of my partners tells me about a court decision in which a bank lender blew the statute of limitations and lost the right to foreclose. Almost all of these cases involve securitized loans with incompetent "foreclosure factory" lawyers and inattentive bankers. However, there is one important lesson that even the most diligent lender should learn.
GDB Firm Blog
DECEMBER 11, 2019
In my October 21 blog, I described a new law in New York that will require almost all businesses to adopt formal cybersecurity protection programs. Small businesses ARE NOT exempt, but they have a lesser compliance burden - they must have and implement a cybersecurity protection program that is appropriate based upon the size, nature and complexity of the business.
GDB Firm Blog
DECEMBER 11, 2019
A construction contractor often receives a demand for information--under New York Lien Law §76 -- for a verified statement of entries of job costs and expenses. What is this about? How should a contractor respond?
GDB Firm Blog
DECEMBER 4, 2019
June's Housing Security and Tenant Protection Act imposed a new requirement on landlords in the event their tenants don't pay, which has created some confusion with the rent demand that is usually issued.
GDB Firm Blog
NOVEMBER 25, 2019
I don't normally blog about court decisions, but in 2015, the United States Court of Appeals, in a case referred to as "Madden," tossed a monkey wrench into the ability of banks to sell loans. Before Madden, if the interest rate on a loan was valid when it was made, then the interest rate remained valid even after it was sold. Thus, before Madden, if a bank legally made a loan at 12% interest, and then sold it to a non-bank that was not permitted to lend at more than 10%, the 12% ra
KMK Blog
NOVEMBER 14, 2019
Whether you’re an active influencer on social media or just occasionally endorse a friend/family member’s product or service, check out the easy-to-read (and apply!) Disclosures 101 for Social Media Influencers brochure and video the FTC published last week. One way to stay out of trouble is to sufficiently disclose your relationship. Find the document and three videos here.
GDB Firm Blog
NOVEMBER 13, 2019
In 2008, I wrote in the Business Law Journal that legal developments lagged behind technology so banks needed to stay at the head of the curve to avoid claims of negligence for failing to offer state-of-the-art solutions to customers. Recently, we had a practical application of this situation. The Uniform Commercial Code requires depositors to review checks shown on their account statements for alterations or forgeries.
GDB Firm Blog
NOVEMBER 4, 2019
"A limitation period that expires before suit can be brought is not really a limitation period at all, but simply a nullification of the claim," and will not be enforced.
GDB Firm Blog
OCTOBER 31, 2019
The knockout punch was in May when a federal judge decided that offering a national FinTech charter exceeded the OCC's authority. The referee's count reached 10 last week when judgment was entered against the OCC, paving the way for an appeal. A few years ago, the OCC announced that it would accept applications for "FinTech" charters under the National Bank Act.
GDB Firm Blog
OCTOBER 21, 2019
In the closing rush of the legislative session in July, New York adopted a statute that requires all businesses that keep sensitive personal information to maintain appropriate procedures to protect against security breaches. Banks and certain other regulated entities that comply with Gramm Leach Bliley, HIPPA or NY Department of Financial Services Part 500 requirements are exempt.
GDB Firm Blog
OCTOBER 14, 2019
Busy bodies, like whistleblowers, can sue to collect money fraudulently withheld from New York State, and share in the recovery if they win. In 2015, a data analytics company sued J.P. Morgan for allegedly fraudulently delaying the date when it was required to pay abandoned property to the Comptroller, and not paying interest during the delay. In August 2019, the court held that interest was required to be paid.
GDB Firm Blog
OCTOBER 7, 2019
In August, the GAO issued a report titled, "Agencies and Financial Institutions Share Information but Metrics and Feedback Not Regularly Provided." The GAO criticized FinCEN and recommended more feedback from FinCEN about reports that had been filed. Unfortunately, the report ignores the cost/benefit analysis of filings in the first place. FinCEN's website reports than depository institutions filed over 16,000,000 SARS since 2012.
GDB Firm Blog
OCTOBER 2, 2019
First, let's get the clutter out of the way. I think cryptocurrencies are useless and have no social utility other than to allow people to gamble without going to a casino, if you call that social utility. For over 5 years, I have been challenging Bitcoin proponents at public forums to give me one useful case, and other than protecting against Venezuelan hyperinflation by parking local currency in a Bitcoin wallet, no one has met my challenge by providing a justification for its existence.
GDB Firm Blog
SEPTEMBER 25, 2019
The New York State Department of State (the "DOS") has just issued a Guidance for Real Estate Professionals in connection with the Housing Security and Tenant Protection Act of 2019 (the "Act"), that addresses, among other topics, the $20 limit on application fees.
GDB Firm Blog
SEPTEMBER 25, 2019
The Lien Law seeks to punish a willful exaggeration of a mechanic's lien, not honest differences of opinion concerning what is owed. But can one be punished for liening for extra work which ultimately proves to be within the scope of the contract? A recent case suggests "yes," under the right circumstances.
GDB Firm Blog
SEPTEMBER 23, 2019
Your customer gets involved in a dispute with a former business partner and the next thing you know, you are being dragged in because you have years of records that one side or the other wants to prove their case. You have no liability, but your employees waste hours, or days, collecting information, appearing for depositions, or testifying in court.
GDB Firm Blog
SEPTEMBER 18, 2019
As technology evolves, many banks forget to take advantage of a 30-year-old UCC provision that protects them when they accept remote customer directions to send. In a commercial context (this law doesn't apply to Regulation E transfers involving consumers), if a bank creates a commercially reasonable security procedure and requires the customer to follow that procedure in order to remotely authorize a transaction, and the customer agrees to the procedure, the risk of an unauthorized directi
GDB Firm Blog
SEPTEMBER 16, 2019
A recent decision highlights the special remedy available to an owner of a home improvement whose contractor misused funds paid by the owner—a claim for personal liability of the officer or agent responsible for the diversion of trust funds.
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