John Millson

May 20, 2024 | New York Law Journal

A recent case in the U.S. District Court for the Eastern District of New York serves as a good reminder that, even in the absence of non-compete agreements, New York law still provides robust protection for confidential business information

By Stephen M. Kramarsky and John Millson

11 minute read

March 18, 2024 | New York Law Journal

A recent case out of the Southern District of New York involved the application of the Video Privacy Protection Act to a novel category of visual art and a method of data collection that would have been science fiction to the statute's drafters. Judge Swain's careful analysis of these issues is worth a look.

By Stephen M. Kramarsky and John Millson

11 minute read

September 18, 2023 | New York Law Journal

Intellectual property laws, including copyright, patent, trademark and trade secret laws, can provide avenues for companies to protect their intellectual property. But it's not always clear what assets are protectable and what are not.

By Stephen M. Kramarsky and John Millson

11 minute read

May 15, 2023 | New York Law Journal

Over the past few months, AI voice tools have been more widely released, and they work. It is trivial to use them to create a track that sounds, to the casual listener, like it was recorded by the famous artist of your choosing, and the micro-genre of AI-generated "covers" of existing songs by anomalous artists (or other public figures, like President Biden) has exploded on TikTok. So what legal recourse, if any, do these artists have?

By Stephen M. Kramarsky and John Millson

11 minute read

January 13, 2023 | New York Law Journal

On the one hand, the social media ecosystem generates a great deal of "newsworthy" content, which is a factor in determining whether use is permissible. On the other, the fact that content creators may retain an expected commercial interest in their posts may trigger enhanced Copyright protection. A recent case in the Southern District of New York analyzed those issues under the "fair use" doctrine.

By Stephen M. Kramarsky and John Millson

12 minute read

November 14, 2022 | New York Law Journal

The law in this area is likely to get more complicated before it gets simpler. The 'Lightstone' case shows that even a relatively simple emoji, with relatively straightforward meaning, can lead to a nuanced analysis.

By Stephen M. Kramarsky and John Millson

9 minute read

September 19, 2022 | New York Law Journal

The 'Flynn' case is likely to present any number of complex issues as it goes forward, not least relating to the First Amendment and the appropriate balance of protection afforded to private individuals and the news media in its reporting.

By Stephen M. Kramarsky and John Millson

10 minute read

July 18, 2022 | New York Law Journal

It is now clear that keyword advertising can, in some cases, constitute trademark infringement. But under what circumstances? 1-800 Contacts once again finds itself on the losing end of that question in a recent case from the Southern District of New York that examines customer confusion and the developing law around the protection of digital intellectual property.

By Stephen M. Kramarsky and John Millson

12 minute read

May 16, 2022 | New York Law Journal

This article discusses a recent case out of the Southern District of New York that involved application of a hastily-crafted statute (passed in 1988 to regulate video rental stores) to a TikTok competitor. The court's opinion on a motion to dismiss is an informative overview of privacy laws and the challenges they present to the modern legal system.

By Stephen M. Kramarsky and John Millson

10 minute read

January 14, 2022 | New York Law Journal

Although the 'Owen' decision is detailed and carefully reasoned, it is perhaps most notable for its relative straightforwardness. For all that hype that technologies like blockchain get as "disruptors" requiring new legal paradigms, sometimes the existing legal regime works just as well.

By Stephen M. Kramarsky and John Millson

12 minute read