• Using a BATNA in Negotiations

    BATNA is a term coined by Roger Fisher and William Ury in their 1981 bestseller, Getting to Yes: Negotiating Without Giving In. It stands for “Best Alternative To a Negotiated Agreement,” and is in essence a well thought out plan “B” in the event your negotiation is unsuccessful. It truly is the measure you should use to prevent you from accepting terms that are too unfavorable and from rejecting terms that are in your best interest to accept. Having a BATNA as part of the negotiation is imperative and increases your negotiating power. No one should come to the negotiation table ...

    cmandm

    Friday, November 09th, 2012

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  • Landlord/Tenant Issues: Recent New York Cases

    There have been numerous recent decisions by appellate and trial courts involving landlord/tenant disputes covering a wide variety of issues. A few of those decisions are discussed in this article. In a decision dated October 5, 2012, the Appellate Term, First Department in C&A 483 Broadway, LLC v. KLMNI, Inc.,1 discussed Yellowstone injunctions. In a short decision that did not discuss many facts, the Appellate Term reversed the lower court’s order granting summary judgment to the tenant dismissing the petition, and held a “May 2008 Yellowstone injunction issued by Supreme Court, which restrained landlord from terminating the governing commercial lease agreement ...

    cmandm

    Wednesday, October 24th, 2012

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  • Red Soles of Designer Footwear Can be Trademarked in the Fashion Industry

    In a decision that is captivating the fashion industry, the Second Circuit held that a single color can serve as a legally protected trademark. Specifically, the color red used on the sole of luxury shoe designer Christian Loubotin’s shoes is protectable as a trademark. Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., 11-3303-cv (2d Cir., Sept. 5, 2012). Louboutin’s signature line of high-fashion women’s footwear utilizes a high-gloss, red-colored bottom, and costs approximately $1,000 for a pair. Louboutin explained that “he shiny red color of the soles has no function other than to identify to the public that they are ...

    cmandm

    Tuesday, October 23rd, 2012

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  • Designate People You Trust in Your Will

    One very important aspect of a Last Will and Testament is the designation of specific people to take care of your minor children and future financial affairs. Designating people you trust to care for your estate and your loved ones is essential for giving you some peace of mind. By using your Will to select trustees and guardians, you can maintain some control of the future of your children. If you do not designate someone to physically care for your children and to manage their finances, the court will appoint someone to do it. The court-appointed trustee or guardian may ...

    cmandm

    Tuesday, October 23rd, 2012

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  • Trademark Expo and Education Event Returning to the USPTO

    The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will once again host its annual National Trademark Expo on Friday, October 19th, from 10:00 am to 5:00 pm and Saturday, October 20, 2012, from 10:00 am to 4:00 pm. at the USPTO’s headquarters in Alexandria, VA. This event advances the agency’s mission in educating the public about trademarks and the value of intellectual property in the global marketplace. The event will highlight the importance of trademarks through educational seminars, exhibits, displays of authentic and counterfeit goods, and costumed characters featuring registered trademarks. There will also be numerous exhibitors ...

    cmandm

    Thursday, September 20th, 2012

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  • Passing on Your Religious Beliefs

    For many people, estate planning isn’t just about financial assets and other practical concerns. It’s also about honoring your religious beliefs and passing those values on to family members. Being a person of a mixed marriage, I can tell you first-hand that this can be very tricky ground. Religious beliefs can affect a wide range of decisions, from end-of-life health care and organ donations, to funeral, burial or cremation arrangements, to the distribution of assets among heirs and charitable bequests. Any of those issues can be a source of passionate disagreement within a family, especially one with varying degrees of religious devotion. So, ...

    cmandm

    Thursday, September 20th, 2012

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  • Deadlines Loom for Potential MTA Payroll Tax Refunds

    The deadline is quickly approaching for businesses that want to pursue refunds on money paid to the controversial MTA payroll tax. New York business owners have to act fast if they want to try and get back all the money they’ve paid toward the MTA payroll tax, though it may be months before an appeals court decides whether the State Supreme Court decision that ruled that the payroll taxes imposed by the MTA on business and institutions throughout the metropolitan area are unconstitutional will be upheld. Businesses will have until November 2, 2012 to file an amended tax return for monies paid between March 2009 and December 2009. The MTA’s Payroll Mobility Tax ...

    cmandm

    Monday, September 10th, 2012

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  • Yellowstone Injunctions… Pitfalls and Perils

    Public policy in New York seeks to avoid forfeiture of leases.1 What is commonly referred to as a Yellowstone injunction is a procedural mechanism used by tenants in furtherance of that policy.2 As succinctly stated by the Court of Appeals: A Yellowstone injunction maintains the status quo so that a commercial tenant, when confronted by a threat of termination of its lease, may protect its investment in the leasehold by obtaining a stay tolling the cure period so that upon an adverse determination on the merits the tenant may cure the default and avoid a forfeiture.3 To obtain a Yellowstone injunction, and ...

    cmandm

    Monday, September 10th, 2012

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  • 11 Business Negotiating Tips

    There are many sources to turn to for resources, tips and advice on mastering the art of negotiations. Inc. Magazine and Inc.com are good places where entrepreneurs and business owners can find useful information, insights, and inspiration for running and growing their businesses. Inc. Magazine has been publishing for more than 30 years. In 1996, they launched Inc.com as a place to access the current online issue of Inc. Magazine, as well as an archive of their back issues. Negotiations are a topic that comes up pretty regularly in the magazine and Web site. You can find tips on a variety ...

    cmandm

    Sunday, September 09th, 2012

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  • What the New gTLDs mean for Trademark Owners

    What is a gTLD? gTLDs are generic top-level domains similar to .com, .net or .org. The current system has 24 gTLDs. Soon, we will be seeing new gTLDs, such as .ART, .NEWS, .STORE, in the largest-ever expansion of the Internet’s naming system. The Internet Corporation for Assigned Names and Numbers (ICANN), the nonprofit organization that manages this piece of the Internet’s infrastructure, has been preparing for this domain name expansion for nearly a decade. In June of 2011, it formally approved the expansion and started planning the application process for new gTLDs. On June 13, 2012, ICANN held a “Reveal Day” event ...

    cmandm

    Wednesday, August 29th, 2012

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Fred Eisenbud