• Fight Over Chocolate Kisses Trademark

    As demonstrated by a recent lawsuit filed by a carpet manufacturer against chocolate-giant Hershey, one has to ask how far large companies are going to go in attempt to stretch their trademark rights. What these companies want is a monopoly over their marks in every good and service. However, trademark rights are limited in scope. The goods and services listed on a trademark registration establish the scope of the applicant’s rights in the relevant mark. This, however, does not prevent large companies from testing the boundaries. In the lawsuit, Shaw Industries Group Inc., a carpet manufacturer owned by Berkshire Hathaway Inc., is ...

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    Monday, February 18th, 2013

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  • Estate Planning: Do “DIY” Wills Work?

    In today’s world of electronics and the Internet, people are turning to their computer for answers to even the most complex questions. Estate planning websites are all over the place. They all claim to help you prepare a valid will at an extremely low price. Personally, I’m a big believer in “you get what you pay for.” Is it worth it to save a few hundred dollars and risk putting your entire estate at risk? Online legal document services offer an enticing bargain. Most people realize that they need an estate plan to manage their affairs if something happens to ...

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    Monday, February 18th, 2013

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  • Split Decision – Nonpayment Proceedings Against Month-to-Month Tenants

    In 1400 Broadway Associates v. Henry Lee and Co. of NY, Inc.,1 the parties’ commercial lease expired January 31, 1990 and the tenant, who did not realize the lease had expired, continued to make monthly rent payments, in the amount set forth in the expired lease, for six months. The tenant learned that the lease had expired during negotiations for a new lease and during the negotiations continued to pay rent through October 1992. Tenant then stopped making monthly rent payments and landlord commenced a nonpayment proceeding. Tenant moved for summary judgment to dismiss the complaint for failure to state ...

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    Sunday, February 10th, 2013

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  • Negotiating Strategies for Buying a Home (Part 1)

      Negotiation strategy is different from negotiation style. From pit bull to diplomat, each of us has a personal style. But the strategy for negotiating the purchase of a home is based on facts: the real estate market at the moment and what we know about the seller’s needs and the property. Market knowledge courses through the veins of experienced real estate agents, which is one good reason to use one. Another is that agents are experienced negotiators who speak the same lingo. That means your agent probably will find out more about the seller’s situation than you will working on your ...

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    Saturday, February 09th, 2013

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  • January 2013 Legal Brief – Firm Newsletter

     

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    Wednesday, January 30th, 2013

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  • Covenant Not to Sue Forestalls Trademark Invalidity Claim

    On January 9, 2013, the U.S. Supreme Court in Already, LLC v. Nike, Inc. unanimously ruled that Already could not dispute the validity of one of Nike’s trademarks after Nike agreed not to sue the company for infringement. Nike sued Already, a designer and marketer of athletic footwear, for trademark infringement and Already counterclaimed to declare the trademark invalid. Eight months after filing suit, Nike provided Already with a covenant not to sue, and subsequently moved to dismiss all claims. In the covenant not to sue, Nike agreed to “unconditionally and irrevocably” refrain from making any claims or demands against Already, ...

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    Monday, January 21st, 2013

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  • Looking Over the Cliff

    Well, happy new year to all. At the 11th hour Congress decided not to let us fall off the Fiscal Cliff by passing the American Taxpayer Relief Act of 2012. But what does that mean in the world of estate planning? There are a number of things that happened (or didn’t happen). So let’s go through each one. First, the federal exemption for gift and estate taxes was fixed permanently at $5 Million indexed by inflation, instead of reverting back to $1 Million. As of January 2013, that amount became $5.25 Million. This means that you can transfer the first $5.25 Million ...

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    Monday, January 21st, 2013

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  • Cuomo Signs Notice of Claim Legislation

    Governor Andrew Cuomo has approved legislation designed to streamline the process of filing lawsuits against municipalities and other government entities in New York, providing the groundwork for uniform, fair, cost-effective and straightforward statewide procedures for filing a Notice of Claim. State law requires individuals intending to sue government entities for any tort — such as a slip-and-fall or a malpractice at a public hospital — to file a Notice of Claim to alert a potential defendant of an impending lawsuit. Currently, they must be filed in the county in which an alleged incident occurred. The bill will allow plaintiffs to file notices of claim with the secretary of state in Albany, who would then notify ...

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    Thursday, January 10th, 2013

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  • Learn to Spot these 10 Negotiating Tactics

    Here’s how to spot 10 tactics that many negotiators use. These have nothing to do with the win-win successful agreements of a good negotiation. Learn what to do when somebody pulls these tricks. Awareness of these tactics can strengthen your own negotiation skills. 1.Left at the altar- The other party feigns backing out of a deal just before you are ready to complete the agreement. Hoping the tactic brings the other party closer to their position, the tactic often yields 11th-hour concessions. Your countermeasure: Don’t fall for the bait. Let the deal drop and go through a quiet period. Try resurrecting the ...

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    Wednesday, January 09th, 2013

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  • Standard to Obtain TROs in Trademark Infringement Claims Get Tough

    As everyone shops for toys this holiday season, many have encountered counterfeits that are strikingly similar at first glance, but with their low price point compared to the actual licensed product, these counterfeits have lured away or even deceived consumers. In response, toy developers and manufacturers who obtained federal trademark and copyright registrations commenced actions for trademark and copyright infringement, trademark counterfeiting, false designation of origin, and unfair competition, and sought a temporary restraining order and preliminary injunction to immediately stop the counterfeit sales. The standard to which a court will grant a temporary restraining order and preliminary injunction requires a showing ...

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    Monday, December 17th, 2012

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Fred Eisenbud