Stephen M. Kramarsky

November 18, 2014 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, discusses a recent case in the Southern District of New York that shows just how critical transformative use can be. The decision came down to one issue: Was the service innovative enough to be transformative?

By Stephen M. Kramarsky

14 minute read

September 16, 2014 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: The rise of anonymous social media communications has caused courts to look carefully at a unique procedure that requires them to balance the aggrieved party's right to sue against the speaker's right to remain anonymous. 'Lemon Juice v. Twitter' is the representative case discussed.

By Stephen M. Kramarsky

12 minute read

July 15, 2014 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes about the U.S. Supreme Court's decision in 'Aereo', which relies on a broad interpretation of the Copyright Act and an interpretive philosophy that may present practical challenges to technology lawyers and their clients.

By Stephen M. Kramarsky

15 minute read

May 27, 2014 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky writes: The conventional wisdom has been that the trademark laws and the traditional tools of brand protection lack force in cyberspace—that the Internet is the "Wild West." In fact, that is not the case.

By Stephen M. Kramarsky

14 minute read

March 26, 2014 | Commercial Litigation Insider

In his Intellectual Property column for NYLJ, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: The court in 'Big Vision' held that plaintiff had failed to adequately protect its purportedly secret industrial process and in the process provided an excellent road map of the potential difficulties awaiting any New York trade secret plaintiff.

By Stephen M. Kramarsky

13 minute read

March 18, 2014 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: The court in 'Big Vision' held that plaintiff had failed to adequately protect its purportedly secret industrial process and in the process provided an excellent road map of the potential difficulties awaiting any New York trade secret plaintiff.

By Stephen M. Kramarsky

13 minute read

January 28, 2014 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: Dilution is a complex and often misunderstood area of trademark law. Starbucks and a tiny competitor—the maker of a product called "Mr. Charbucks"—have been fighting over these issues. After 12 years of litigation, the Second Circuit appears finally to have put an end to the controversy and in the process has provided some much-needed guidance for practitioners and the lower courts in this difficult area.

By Stephen M. Kramarsky

12 minute read

November 26, 2013 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: A recent decision from the U.S. District Court for the Southern District of New York answers some important questions and gives some excellent guidance to attorneys faced with defamation, republication and related issues in the online context.

By Stephen M. Kramarsky

13 minute read

September 18, 2012 | New York Law Journal

In Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: Of all the basic factual and legal questions that arise in litigation relating to the Internet, perhaps the thorniest is "Where?"

By Stephen M. Kramarsky

12 minute read

March 19, 2013 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky of Dewey Pegno & Kramarsky reviews a recent Southern District decision that adopts the increasingly common narrow view of the Computer Fraud and Abuse Act, suggesting that claims under the act against former employees who have stolen or misused trade secrets and confidential information stored on company computers or email systems may be coming under increased scrutiny.

By Stephen M. Kramarsky

12 minute read