Stephen M Kramarsky

September 16, 2024 | New York Law Journal

A recent decision from Judge J. Paul Oetken of the Southern District of New York undertakes a detailed analysis of the 'Polaroid' factors in assessing the potential for customer confusion, and provides some interesting insight.

By Stephen M. Kramarsky

12 minute read

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

January 12, 2024 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky discusses the 'Shake Shack Enterprises v. Brand Design Company' case, which offers insight into the limits courts will impose on companies that try to overextend their intellectual property rights.

By Stephen M. Kramarsky

11 minute read

November 20, 2023 | New York Law Journal

If a private entity wants to take on the very lucrative role of "authenticator" for the entire digital financial system, should it take on the liability as well? If we agree to hand over the job of policing digital identity to a private actor, should that actor also compensate us when the system fails?

By Stephen M. Kramarsky

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

March 20, 2023 | New York Law Journal

A recent decision from the Southern District of New York presents an issue of first impression regarding the application of Section 230 to internet retailers who allegedly violated New York State privacy laws by carrying advertising that featured a model's likeness without her consent.

By Stephen M. Kramarsky

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