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October 06, 2008 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham University School of Law, writes: Bilingual education is a target of political attacks. The theory is that a common language is the foundation for national cultural identity essential for national unity. . . . What has this to do with trademarks? By virtue of the Doctrine of Foreign Equivalents, an American trademark owner can expand the scope of the trademark monopoly to include a foreign "equivalent." And this principle assumes bilingual actors, notwithstanding the political controversy.
9 minute read
May 15, 2006 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, writes that Professor Alan Latman of NYU School of Law was one of the nation's foremost copyright scholars. He expressed his desire to publish what he hoped to be an important paper in copyright law in a prestigious law review. He died in 1984 before his wish could be realized. In 1990, his paper was published.
8 minute read
December 11, 2008 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham University School of Law, writes: Judge Potter Stewart's definition of "pornography" is well known: "I know it when I see it." But what about "indecency," "immorality" and "scandalous matter"? Do you know it when you see it?
8 minute read
June 20, 2005 |

Intellectual Property

Alan J. Hartnick, of Abelman, Frayne & Schwab, examines the issues related to the rights of a deceased copyright holder's heirs.
8 minute read
December 13, 2007 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, writes that all lawyers must be aware of a latent defect in trademarks: the Trademark Trial and Appeal Board's enforcement of trademark fraud. In the view of the TTAB, if the application claims goods not in use or intended to be used, the consequence is trademark fraud, which invalidates the application even in the absence of intent. How did this happen?
9 minute read
Law Journal Press | Digital Book Computer Law: Drafting and Negotiating Forms and Agreements Authors: Richard Raysman, Peter Brown View this Book

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February 03, 2011 |

Jim Beam Wins Summary Judgment Ruling that Jose Cuervo Broke Agreement Restricting Use of Iconic Bird

The dispute dates to the 1990s, when Cuervo began using an image of a crow-inspired bird in its tequila labeling and advertising.
2 minute read
February 03, 2011 |

Judge Sides With Jim Beam Over Tequila Maker in Trademark Dispute

Back in the 1990s, Jim Beam cried fowl when Cuervo began using an image of a crow-inspired bird in its tequila labeling and advertising, considering that Jim Beam's Old Crow brand is identified with a trademarked crow. The companies reached an agreement limiting Cuervo's use of its crow image, which Justice Richard Lowe III has now agreed Cuervo violated.
2 minute read
February 11, 2008 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham University School of Law, discusses the future of copyright law and the Students for Free Culture, a group that has already moved beyond file sharing disputes and may eventually lead public policy to a new copyright direction.
10 minute read
October 18, 2007 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, asks: Is there a legal difference between the lower and upper frames in a computer window for copyright purposes? And, if so, why? And is this distinction merely splitting hairs?
9 minute read
April 09, 2007 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, writes that the Gowers Review raised a number of important questions about the future dimensions of intellectual property in the United Kingdom and related questions about the European and global intellectual property regimes. At the same time, the European Commission has launched a program for the "recasting" of the copyright acquis, the body of European law in the field of copyright.
9 minute read

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