Stephen M. Kramarsky

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

November 15, 2021 | New York Law Journal

A recent case in the Southern District of New York considered, under the Lanham Act, the extent to which the use of hyperlinks to connect a website displaying images of plaintiffs with a third-party shopping website created consumer confusion regarding the plaintiffs' endorsement of that third-party website.

By Stephen M. Kramarsky and John Millson

11 minute read

September 20, 2021 | New York Law Journal

Does a place of "public accommodation" under the Americans With Disabilities Act require a "physical place"? The court in a recent case had to grapple with application of a statute drafted before the modern Internet to a rapidly evolved (and evolving) digital landscape.

By Stephen M. Kramarsky and John Millson

11 minute read

July 26, 2021 | New York Law Journal

Stephen M. Kramarsky reviews 'Van Buren v. United States', in which the Supreme Court resolved a Circuit split by narrowly construing the "exceeding authorized access" clause of the CFAA.

By Stephen M. Kramarsky and John Millson

11 minute read

May 17, 2021 | New York Law Journal

In this edition of his Intellectual Property column, Stephen M. Kramarsky explores a recent Second Circuit case that addressed an "issue of first impression" and explained what factors courts in the Second Circuit should consider when determining whether an individual has adequately plead a cognizable "future injury" as a result of the unauthorized disclosure of their personal information.

By Stephen M. Kramarsky and John R. Millson

10 minute read

March 15, 2021 | New York Law Journal

The Internet presents a number of challenges to traditional trademark analysis and the related issues of customer confusion and unfair competition. One developing area involves Internet domain names. Are they protectible as marks? What uses does trademark protect in that context? In this edition of their Intellectual Property column, Stephen M. Kramarsky and John Millson discuss a recent Southern District case that provides some useful analysis.

By Stephen M. Kramarsky and John R. Millson

11 minute read