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Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Multiple Dwelling Law §302 Does Not Apply to Co-Ops

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Inverse Condemnation Claim Time-Barred

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Church's Board Approved Sale Questions of Fact About Ouster Precluded Dismissal of Accounting Claim Against Co-Tenant Forgery Allegations Failed to Raise Question of Fact No Private Right of Action to Enforce Food Cart Regulations

Features

Copyright Claims Board: A New Stage for Copyright Infringement Claims Image

Copyright Claims Board: A New Stage for Copyright Infringement Claims

Robert E. Browne & Michael D. Hobbs

Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.

Features

Can Consumer Products Be 'Expressive Works'? Image

Can Consumer Products Be 'Expressive Works'?

Eric Alan Stone & Catherine Nyarady

In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Trademarks and Free Expression In the Ninth Circuit

Features

New Decisions In Disputes Over Titles Reinforce 'High Bar' In Proving Public Was 'Explicitly Misled' Image

New Decisions In Disputes Over Titles Reinforce 'High Bar' In Proving Public Was 'Explicitly Misled'

Stan Soocher

When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject — many of them from lawsuits that have arisen in the entertainment industry.

Features

Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright Image

Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright

Allison Dunn

A federal judge in the U.S. District Court for the District of Connecticut sided with the family of a production company executive in finding that the wife of late Broadway lyricist Bob Merrill had no right, under §304(c) of the U.S. Copyright Act, to cancel a more than 50-year-old royalty agreement between the executive and Merrill.

Features

Texas App. Court's Ruling in Suit By Band Member's Lawyer Image

Texas App. Court's Ruling in Suit By Band Member's Lawyer

Adolfo Pesquera

A.B. Quintanilla III, founding member and leader of the Latin music group Kumbia Kings, prevailed on appeal in a dispute with a Texas attorney who claimed Quintanilla conspired to cut the lawyer out of his alleged share of a settlement.

Features

Another Appellate Court Vacates A Bankruptcy Court Contempt Judgment Image

Another Appellate Court Vacates A Bankruptcy Court Contempt Judgment

Michael L. Cook

The Southern District of New York vacated a bankruptcy court's judgment holding a debtor's business competitor "in contempt for violation of the [Bankruptcy Code's] automatic stay … and assessing sanctions" of $19.2 million.

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