Milton Springut

August 29, 2022 | New York Law Journal

Inconsistent 'Cloudflare' rulings can be explained, at least in part, by the fact that the Ninth Circuit has provided an inconsistent framework involving multiple "tests" without guidance as to when such tests are to be applied.

By Milton Springut and Zaid S. Shukri

15 minute read

July 27, 2021 | New York Law Journal

In one recent case, 'Ariix v. NutriSearch', the Ninth Circuit helps to shed some light on the question of how free speech and false advertising law should categorize paid promotions that do not take the form of a traditional advertisement.

By Milton Springut

12 minute read

December 10, 2020 | New York Law Journal

As the increased use of new technologies, such as Zoom, become more popular, the security challenges become more pressing. This article discusses the challenge of securing trade secrets in a remote, work-from home environment.

By Milton Springut

11 minute read

April 28, 2020 | New York Law Journal

Businesses impacted by the coronavirus shutdown are turning to legal counsel to deal with the fallout. Many want to know how the crisis affects their contractual obligations and whether the crisis might afford them a way out. This article assists counsel in advising business clients about their legal position on such questions.

By Milton Springut

14 minute read

April 03, 2020 | New York Law Journal

Trade secret owners cannot completely depend on government action to protect their valuable rights. Private civil actions remain an important part of the trade secret owner's arsenal.

By Milton Springut

15 minute read

February 07, 2020 | New York Law Journal

Surprisingly, there are few cases that have considered liability of retailers who sell products with (allegedly) false or misleading labels under the Lanham Act, or who engage in other promotional acts related to third-party products. Recently, however, two cases have addressed these issues in the context of both brick-and-mortar and online retail outlets.

By Milton Springut

12 minute read

October 22, 2019 | New York Law Journal

The 'Curver Luxembourg' decision is a large step in resolving what had been open legal issues about the scope of design patents: Are design patents limited to specific "articles of manufacture" or do they also cover designs in the abstract? Does the title of the design patent (which must recite the article of the design) limit the scope of the patent grant (and hence the scope of potential infringement), the same way as claim terms do for a utility patent?

By Milton Springut

11 minute read

August 30, 2019 | New York Law Journal

For copyrights, many form agreements include standard assignment clauses that use some variation of language that the work will be deemed a "work for hire" and hence owned by the hiring party. But the validity of such language is now suspect.

By Milton Springut

7 minute read

June 12, 2019 | New York Law Journal

A recent Supreme Court decision ruled on the effect of a rejection of trademark licenses in bankruptcy. That decision is likely to have a major impact on trademark licensing practices, and counsel for parties involved with trademark licenses now need to take this decision into account when drafting these agreements.

By Milton Springut

10 minute read

April 12, 2019 | New York Law Journal

How far can a lawyer go in “bending” the truth in settlement negotiations?

By Milton Springut

11 minute read