Stephen M Kramarsky

November 14, 2016 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky of Dewey Pegno & Kramarsky analyzes a decision involving a claim of fair use claim of the famous Abbot and Costello routine 'Who's on First?' He writes: Practitioners should examine the opinion and keep an eye out, as this area continues to evolve rapidly, even after 20 years of development.

By Stephen M. Kramarsky

19 minute read

September 19, 2016 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky writes: The volitional conduct test with regard to copyright infringement is controversial, especially in light of recent U.S. Supreme Court jurisprudence, and in particular the context of Internet service providers, but a recent decision from the Southern District of New York makes it clear that the doctrine is alive and well, at least for the time being.

By Stephen M. Kramarsky

16 minute read

July 26, 2016 | New York Law Journal

Stephen M. Kramarsky of Dewey Pegno & Kramarsky discusses a recent case in the Southern District of New York, which shows how the company maximized the protection of its name and image by bringing well-established claims of trademark and trade dress infringement. The opinion is a good example of how traditional legal tools can be put to work by businesses facing novel market issues.

By Stephen M. Kramarsky

18 minute read

May 24, 2016 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky discusses the 'TekVet' decision and writes: The instinct to "bend over backwards" to help the customer and retain the relationship is a commendable one, but it can create serious issues if decisions are made without sound legal advice.

By Stephen M. Kramarsky

12 minute read

March 22, 2016 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky writes: The line between legitimate service and actionable infringement can get fairly blurry, sometimes making innovation a dangerous (and expensive) gamble. Nowhere is this more evident than in the developing fields of content delivery and cloud services.

By Stephen M. Kramarsky

25 minute read

January 19, 2016 | New York Law Journal

Stephen M. Kramarsky discusses 'Bellavia Blatt & Crossett, P.C. v. Kel & Partners', a case in which comments would likely have been sufficient to support a defamation claim if they had been made in a more traditional forum—but they appeared in the comments section of an industry website. It is instructive not only as precedent, but also as an example of how the Internet as a unique medium can affect the outcome of a case.

By Stephen M. Kramarsky

11 minute read

January 15, 2016 | New York Law Journal

Stephen M. Kramarsky discusses 'Bellavia Blatt & Crossett, P.C. v. Kel & Partners', a case in which comments would likely have been sufficient to support a defamation claim if they had been made in a more traditional forum—but they appeared in the comments section of an industry website. It is instructive not only as precedent, but also as an example of how the Internet as a unique medium can affect the outcome of a case.

By Stephen M. Kramarsky

11 minute read

November 24, 2015 | New York Law Journal

Stephen M. Kramarsky describes how courts are beginning to examine the law of contributory infringement in the complex new context of cloud-based platforms, as U.S. District Judge Andrew Carter did recently in 'Smith v. BarnesandNoble.com'.

By Stephen M. Kramarsky

11 minute read

November 23, 2015 | New York Law Journal

Stephen M. Kramarsky describes how courts are beginning to examine the law of contributory infringement in the complex new context of cloud-based platforms, as U.S. District Judge Andrew Carter did recently in 'Smith v. BarnesandNoble.com'.

By Stephen M. Kramarsky

11 minute read

September 22, 2015 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky discusses a recent Second Circuit decision that offers an opportunity to examine the Computer Fraud and Abuse Act, its function and limitations, and its utility as a tool for protecting electronic assets.

By Stephen M. Kramarsky

12 minute read