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.
New York Law Journal | Commentary
By George M. Heymann | August 25, 2024
The plaintiffs maintain that dogs "are certainly much more than personal property, and as countless dog owners can attest, are akin to family."
New York Law Journal | Commentary
By Paul Shechtman | August 23, 2024
Paul Shechman discusses the story of birth control activist Margaret Sanger and the effects her life's work has on the law today.
New York Law Journal | Commentary
By Joseph W. Bellacosa | August 22, 2024
Law Journal columnist and former Court of Appeals Judge Joseph W. Bellacosa reflects on two books that push a bottom-line case for a transformation of the "top dog" highest tier tax structure, a provocative third-rail political proposition.
New York Law Journal | Commentary
By Kyle Clark and Andrew T. George | August 19, 2024
The prosecution team in Alec Baldwin's manslaughter case may now realize why they were wrong to charge Baldwin to begin with—as they are being reminded why our criminal law (usually) places great weight on the defendant's state of mind his criminal intent, two Law Journal columnists write.
New York Law Journal | Commentary
By Zachary D. Tripp and Jacob R. Altik | August 19, 2024
The U.S. Supreme Court's past term was a blockbuster for administrative law: Among other things, the Supreme Court overruled Chevron and made it easier to challenge old regulations. So what now?
New York Law Journal | Commentary
By Michael V. Caruso and Lauren M. Lynam | August 19, 2024
This law has been coined the "nation's strongest environmental justice law." It also marks a significant step in ensuring that environmental burdens are more equitably distributed and that historically marginalized areas are not further compromised by industrial activities and development.
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