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Development

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Landonwner Entitled to Nonconforming Use Status Public Trust Claim Reinstated

Columns & Departments

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Landlord & Tenant Law

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Tenant Not Entitled to Recover Consequential Damages for Second Hand Smoke Tenant Failed to Establish Constructive or Actual Eviction Failure to Send Statutory Notice Subjects Apartment to Rent Stabilization Overcharge Claim Dismissed Because DHCR Had Primary Jurisdiction

Columns & Departments

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Co-ops & Condominiums

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Purchaser Entitled to Return of Downpayment When Co-Op Failed to Consent

Features

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies Image

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies

Stacey C. Kalamaras

This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.

Features

Exploring the Nebulous Boundaries of Trade Dress Image

Exploring the Nebulous Boundaries of Trade Dress

Nicole D. Galli 

Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.

Columns & Departments

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IP News

Howard Shire & Christine Weller

Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?

Features

Analysis of Warhol Art Fair Use Ruling Image

Analysis of Warhol Art Fair Use Ruling

Robert W. Clarida & Robert J. Bernstein

The U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.

Features

Lawyers Win Contingency Fee Fight Against Estate of Blues Icon's Son Image

Lawyers Win Contingency Fee Fight Against Estate of Blues Icon's Son

Stan Soocher

There have been disputes over rights to the two existing photographs of blues icon Robert Johnson as well as over who was his rightful heir. The latest court decision involves a contingency fee agreement originally entered into by a law firm hired by Johnson's son, who died in 2015. The case offers an example of what rights counsel may gain from such an arrangement following the death of the signatory client.

Features

9th Circuit Says End Steinbeck Copyright Fight Image

9th Circuit Says End Steinbeck Copyright Fight

Alaina Lancaster

In a nearly half-century-long legal dispute over the rights to John Steinbeck's works, the Ninth Circuit affirmed a district court's $5 million compensatory damages award against the author's daughter-in-law but vacated punitive damages against the heir.

Features

Book Publishers' Lawsuit Against Amazon's Audible Image

Book Publishers' Lawsuit Against Amazon's Audible

Dan Clark

A coalition of publishers has sued Audible, the Amazon-owned audiobook company, over a new feature announced last summer that will display the text of a book to listeners while it's read to them by their device.

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