Milton Springut

July 07, 2014 | New York Law Journal

Milton Springut writes: A recent Eastern District decision held that use of a trademark in "bait and switch" advertising does not constitute trademark infringement (although it might constitute false advertising). In dismissing the plaintiff's infringement complaint, the decision appears to have unduly narrowed the scope of Lanham Act actionable "confusion."

By Milton Springut

13 minute read

April 08, 2014 | New York Law Journal

Milton Springut, a partner at Springut Law, analyzes a recent Southern District decision granting summary judgment in favor of the defendant in a trade secret case that highlights the difficulty of maintaining and enforcing trade secrets.

By Milton Springut

13 minute read

October 31, 2013 | New York Law Journal

Milton Springut, a partner at Springut Law, discusses the case 'Kelly-Brown v. Winfrey,' which reversed the dismissal of a small businesswoman's slogan-trademark infringement suit against Oprah Winfrey and her companies.

By Milton Springut

13 minute read

February 16, 2012 | Legaltech News

Attorneys David A. Kalow and Milton Springut explore whether a lawyer submitting smartphone images in a legal proceeding without permission is an infringer -- or is this action fair use?

By David A. Kalow and Milton Springut

11 minute read

June 07, 2013 | New York Law Journal

Milton Springut, a partner at Springut Law, writes: In March, the Supreme Court held that the "first sale" doctrine applies to items manufactured and sold abroad by the copyright owner, making it harder to control items manufactured abroad by the owner or its licensees, and then imported into the United States to take advantage of better pricing here. However, there remain a number of strategies for controlling such importation and resale.

By Milton Springut

12 minute read

July 20, 2012 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, analyze a recent decision reversing, for the most part, dismissals of six complaints brought by the same patent owner against different parties; in doing so, they say, the Federal Circuit clarified, and likely greatly liberalized, the pleading standard for many patent infringement cases.

By David A. Kalow and Milton Springut

13 minute read

February 14, 2012 | New York Law Journal

In their Intellectual Property column, David A. Kalow and Milton Springut of Kalow & Springut explore two recent cases in the U.S. Court of Appeals for the Second Circuit which have fact patterns illustrative of how copyrighted materials can be used as evidence, and discuss whether a lawyer who gathers such evidence and submits it in a court or arbitration proceeding without permission is an infringer.

By David A. Kalow and Milton Springut

11 minute read

November 04, 2011 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, write: Ostensibly, Salinger v. Colting appears to add significant new burdens for a copyright or trademark plaintiff seeking a preliminary injunction. However, a review of the decided cases in the Second Circuit since Salinger reveals that generally the new standard is of little practical difference. Once likelihood of success on the merits is shown, it is usually an easy matter to prove the other factors.

By David A. Kalow and Milton Springut

14 minute read

October 24, 2012 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, review a recent decision that calls into question a number of standard clauses which patent owners have used to control validity challenges by licensees and settling parties.

By David A. Kalow and Milton Springut

12 minute read

December 09, 2005 | Law.com

Today's sophisticated counterfeiters produce high-quality imitations that are resold to discount stores and chains. What remedies does a trademark owner have when such an operation is discovered? Discount stores will claim to be innocent victims who were fooled by the high quality and high prices of the fakes. In the past, this may have left the trademark owner with little recourse. Recent case law, however, has made monetary remedies easier to achieve -- even absent a finding of willful infringement.

By David A. Kalow and Milton Springut

15 minute read