Art Law Journal
DECEMBER 18, 2017
Louis Smoller. While the end result of an art consignment relationship is mutually beneficial to both parties, it is imperative that an artist and gallery each formalize their art consignment agreement in writing.
GDB Firm Blog
DECEMBER 3, 2017
Of the many traps lurking in the New York Lien Law, perhaps the one that trips up the most contractors is the requirement that a mechanic's lien still must be renewed after it is bonded. But in a recent case, even though a contractor fell into that trap yet again, the judge gave it a second chance, for an unusual reason.
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Greenspoon Marder LLP
NOVEMBER 10, 2017
By: Sharon Urias, Esq. AllState Insurance Company (“Allstate”) recently filed a lawsuit against Kia Motors (“Kia”) for trademark infringement over the use of the two words “drive” and “wise.” Both companies use the words as monikers for their products. Allstate has the “Drivewise” driver data and rewards program and Kia offers “Drive Wise” technology assistance and autonomous vehicle features.
McBayer IP Blog
JULY 11, 2017
Posted In Intellectual Property , Trademark Lately there has been a growing tension between certain trademark applicants and a provision of the 1946 Lanham Act, which governs protection of trademarks. This clause gives the U.S. Patent and Trademark Office ( the “PTO”) the power to deny registration of any “immoral. scandalous” trademark, or one that may “disparage. or bring. into contempt or disrepute” any “persons, living or dead.” 15 U.
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?
KMK Blog
DECEMBER 21, 2017
In perhaps the least surprising trademark decision of the past 12 months, and one that could have been rendered in under 5 pages (rather than the 50 it actually took), the Court of Appeals for the Federal Circuit last Friday held that the Lanham Act’s Section 2(a) bar on registration of marks which “consist of or comprises immoral…or scandalous matter” is an unconstitutional, content-based restriction on speech.
CTC Legal Media
APRIL 18, 2017
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Greenspoon Marder LLP
OCTOBER 19, 2017
By: Sharon Urias, Esq. While it may be surprising to some, colors may be trademarked. Some examples of trademarked colors include: UPS’s “Brown,” Home Depot’s “Orange,” Target’s “Red,” 3M’s “Canary Yellow,” Coca-Cola’s “Coke Red,” “Mattel’s “Barbie Pink,” and Tiffany’s “Blue.” The colors in these examples are given trademark protection because the companies and their associated products that use those specific colors have acquired a distinctiveness in the minds of consumers.
Greenspoon Marder LLP
OCTOBER 4, 2017
By: Sharon Urias, Esq. Recently, Allergan PLC struck a licensing deal with the Saint Regis Mohawk Native American tribe in what appears to an attempt to shield its patents for its eye drug Restasis from review at the Patent Trial and Appeal Board (“PTAB”). This agreement is being scrutinized by the legal community, the PTAB and Congress. Allergan sold its Restatis patents to Saint Regis Mohawk, who in turn licensed the patents back to Allergen.
Greenspoon Marder LLP
SEPTEMBER 25, 2017
By: Sharon Urias, Esq. In May 2016, Delta Air Lines (“Delta”) filed a federal lawsuit, Delta v. Fly Tech LLC et al., against a number of associated travel websites (Triposaver.com, Triptkt.com, Flyairs.com, Webflyts.com, and Easyflightdeals.com) (the “Websites”) with allegations of fraud, unjust enrichment, unfair competition, trademark infringement, and trademark counterfeiting.
Greenspoon Marder LLP
SEPTEMBER 11, 2017
By: Sharon Urias, Esq. In 2013, the United States Patent and Trademark Office (“USPTO”) introduced a new rule requiring applicants who appeal a USPTO decision to a federal district court to pay the USPTO’s legal bills. This means even if the applicant wins its appeal in federal court, it must pay the USPTO’s legal fees. Not surprisingly, it did not take long for the legal challenges to follow.
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Greenspoon Marder LLP
AUGUST 1, 2017
By: Sharon Urias, Esq. You decide to start a new business. Congrats! You do all of the things you are supposed to do (the meticulous planning, research and set-up of your business entity and financial obligations) and, of course, you file one or more trademarks to protect your valuable business brand. Your application is accepted by the USPTO and you believe everything is in order.
Greenspoon Marder LLP
JULY 19, 2017
By: Sharon Urias, Esq. The U.S. Patent and Trademark Office’s (USPTO) authority to cancel and ban offensive trademark registrations has been under scrutiny the past few years. When the USPTO cancelled numerous trademarks of the NFL’s Washington Redskins for being offensive and disparaging of Native Americans, it created a firestorm of conversation and analysis in the social, political and legal communities.
McBayer IP Blog
JUNE 13, 2017
Posted In Audit , Intellectual Property Your employment attorney has been advising you that you need to audit your independent contractors and overtime-exempt employees to comply with new rules, while your accountant has been working with you to help avoid audits by the IRS. The word “audit” might as well be spelled with four letters. We all know that “audit” is a loaded term, striking fear in the hearts of battle-scarred survivors of audits gone by.
Greenspoon Marder LLP
APRIL 6, 2017
By: Sharon Urias, Esq. On top of $2 million in attorneys’ fees and over $4 million in trebled damages, MGA Entertainment, Inc. (the maker of Bratz dolls) has to pay Innovention Toys LLC’s attorneys’ fees for appellate proceedings that went to the Federal Circuit Court of Appeals and then up to the United States Supreme Court. Innovention Toys originally filed the lawsuit against MGA in 2007 for patent infringement of a strategy board game called “Khet,” which uses laser beams to “fire” at opposi
Greenspoon Marder LLP
FEBRUARY 22, 2017
By: Sharon Urias, Esq. During the past several years, there has been a significant increase in the number of new craft breweries established in the United States. The nearly 40% growth has resulted in over 4,000 brewery-associated businesses nationwide. With such staggering growth in one industrial sector, it is not only ripe for an influx of trademark registrations, but also numerous trademark infringement disputes.
Greenspoon Marder LLP
JANUARY 12, 2017
By: Sharon Urias, Esq. Designer Tara Martin launched the “My Other Bag” handbag line in 2011. Her canvas tote bags say “My Other Bag…” on one side, and the other side contains a drawing or image of a high-end designer handbag, such as Louis Vuitton. The My Other Bag totes typically are priced between $35.00 and $55.00. Evidently, the tote bag is a play on the well-known “My other car is…” bumper stickers, often affixed to outdated, economy or jalopy vehicles and insinuate that the driver’s other
Greenspoon Marder LLP
JANUARY 9, 2017
By: Sharon Urias, Esq. On July 26, 2014, a fan-made Star Trek associated short film entitled “Prelude to Axanar” made its public debut at the San Diego Comic-Con convention. The film’s production was funded through a crowdfunding campaign, which ultimately raised over $100,000.00. “Prelude to Axanar” is a documentary-styled film set in the Star Trek universe.
GDB Firm Blog
DECEMBER 15, 2017
A recent decision held that a property owner can be subjected to a claim for defamation after posting a sign claiming that he was "screwed" by his contractor.
GDB Firm Blog
DECEMBER 14, 2017
Must you really go through the process of mediation before you can have your dispute adjudicated? Yes, if your contract requires it.
GDB Firm Blog
DECEMBER 13, 2017
A recent case reminds us how easy it is to unintentionally waive one's right to a jury when dealing with mechanic's liens.
GDB Firm Blog
DECEMBER 12, 2017
Contractors beware. In a recent case, the court found a mechanic's lien to be willfully exaggerated not based on the lien amount but by virtue that the mechanic's lien should not have been filed in the first place.
GDB Firm Blog
DECEMBER 11, 2017
Between periods of limitation and various notice provisions, there are traps aplenty ready to trip up a contractor attempting to assert a valid claim. A recent Supreme Court, New York County decision sent a contractor packing for yet another reason--it failed to preserve its claim in an extension of time request.
GDB Firm Blog
DECEMBER 10, 2017
The requirements for obtaining an RPAPL 881 license just got longer, as a developer was ordered to post a $1.5 million bond in addition to providing robust insurance coverage.
GDB Firm Blog
DECEMBER 9, 2017
If you perform work, labor or services at a construction project, or supply materials or equipment to the site, there is a general perception that you are permitted to file a mechanic's lien for the agreed price and fair and reasonable value of what you provided. To a large extent that is true. But a recent case out of the Supreme Court in New York County involving the construction of a high school, serves as a good reminder of how difficult it is sometimes to determine what you can lien fo
GDB Firm Blog
DECEMBER 8, 2017
Too many valid claims get dismissed before the court even has a chance to look at their merits. The culprit is often the ubiquitous notice provisions in the construction contract. But sometimes the provisions are found in payment bonds. A recent case reminds contractors to be aware of those short notice periods as well.
GDB Firm Blog
DECEMBER 7, 2017
The general rule is that only a party to an arbitration agreement is bound by, or may enforce, the agreement. A recent appellate decision just highlighted an important exception to that rule and ordered a subcontractor to arbitrate its claim against five individuals who were not signatories to an arbitration clause.
GDB Firm Blog
DECEMBER 6, 2017
Creditors dream of getting punitive damages from the party which owes it money. The reality is not so accommodating. The general rule is that punitive damages are not recoverable in a commercial breach of contract case.
GDB Firm Blog
DECEMBER 5, 2017
A recent case reiterates that once your mechanic's lien expires, all may not be lost. If the time to file a lien has not expired, you might just be able to file a new one.
GDB Firm Blog
DECEMBER 4, 2017
An upstate appellate court holds that even actual notice, conceded by the owner, does not necessarily satisfy the notice provisions of a construction contract and dismisses a contractor's extra work claims.
GDB Firm Blog
DECEMBER 2, 2017
New York amends its Labor Law and General Municipal Law to provide that if a contractor is debarred for a wage violation under the Davis-Bacon Act in the performance of a federal contract, it shall be ineligible to bid on state, municipal or agency work.
GDB Firm Blog
DECEMBER 1, 2017
Contracting with large commercial owners or public agencies is hard enough. But letting otherwise valid claims get dismissed because you missed a deadline is especially frustrating. A recent case reflects how easy it is to be tripped up by very short time periods in a contract, and how avoidable those critical errors are.
KMK Blog
NOVEMBER 14, 2017
In a non-precedential decision, the Trademark Trial and Appeal Board (“Board”) recently reversed a refusal to register Heritage Distilling Company’s application for the mark, BSB , for “distilled spirits” based on the following mark owned by Black Shirt Brewing Co.
GDB Firm Blog
NOVEMBER 8, 2017
Contracting parties in the know are aware that the statute of limitations for breach of contract is six years. But a recent appellate decision reminds us that the parties can shorten that period quite a bit.
GDB Firm Blog
NOVEMBER 6, 2017
Think you've got a strong claim for willful exaggeration of a mechanic's lien filed by your contractor or subcontractor? Not so fast. The lien can be withdrawn or discharged at any time and with it goes your claim.
GDB Firm Blog
OCTOBER 23, 2017
Where a contract reflects the intention of the parties to resolve their differences by arbitration, even the absence of a designated arbitrator or a vacancy in that position will not frustrate that intention.
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