New York Law Journal | Commentary|Expert Opinion
By David Lenefsky | August 26, 2024
David Lenefsky asks whether "we have in our civil community, by and large, lost the ability to feel and/or recognize shame—and, if so, what consequences do we suffer as a society?"
New York Law Journal | Commentary
By Brian Graifman | August 26, 2024
A New York-based partner reflects on his use of a legal standard developed through by former Appellate Division, Second Department Justice Sondra Miller, who died earlier this month.
New York Law Journal | Commentary
By Andrew Lustigman and Claudia Dubón | August 26, 2024
The compliance landscape for cosmetic products is now dramatically changing as a result of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), which imposes significant compliance obligations on the cosmetic industry in an effort to promote public safety and protect public health.
New York Law Journal | Commentary
By Emily Borich | August 26, 2024
Whether portions of the vertical are private are not, if counterfeit and fraudulent activity is taking place, they should be treated as public for commercial use and therefore enjoined with damages. It may be unchartered territory, but brands should be proactive and aware of what is happening on other platforms.
New York Law Journal | Commentary
By Tamar Duvdevani, Staci Trager and Maegan Stanley | August 26, 2024
Two ways brands can strike that balance is by seeking reasonable injunctions limited to use of recycled fabric containing their marks, and by taking beneficial ownership of upcycling opportunities and unauthorized upcycling.
New York Law Journal | Commentary
By Marjorie J. Peerce and Erin M. Carter | August 26, 2024
PFAS have become the focus of state and federal regulatory efforts over the past several years. The fashion industry now faces significant compliance hurdles, including the upcoming bans of certain PFAS-containing apparel in major markets like New York and California, as well as potential federal reporting obligations for manufactured or imported PFAS-containing products.
New York Law Journal | Commentary
By Michael Schwab | August 26, 2024
Many "upcyclers" defend their practices on the basis that they are creating "one of a kind" works of art which are protected by the First Amendment or as a fair use of the branded product. However, many brand owners disagree and claim such upcycled products infringe their trademark rights or constitute counterfeiting. This article explains what upcycling is and discusses trademark issues related to the practice.
New York Law Journal | Commentary
By Marc P. Misthal | August 26, 2024
Unique product features or signature designs can be registered as trademarks when properly positioned. Besides a brand name, the question is, what other brand elements communicate their source to consumers such that they can be registered as trademarks?
New York Law Journal | Commentary
By Dyan Finguerra-DuCharme and Laure Sawaya | August 26, 2024
This technology is not only enhancing design processes and consumer experiences, but also reshaping the legal landscape, particularly as it relates to intellectual property protection and enforcement, design development and protection, the ramifications of deep fakes on influencer and celebrity endorsements and collaborations, and how to prepare for all of the above in standard industry contracts going forward.
New York Law Journal | Commentary
By Alexander Tartaglia | August 25, 2024
A Court of Claims judge's son who is preparing to begin high school this year shares his experiences as an intern in Westchester Supreme Court in White Plains, a rich experience in which he wasn't relegated to making copies.
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