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January 26, 2009 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham University School of Law, writes: Was Marilyn Monroe domiciled in New York and not California when she died in 1962? If it were California, the company succeeding to her rights might have publicity rights for 70 years after her death if the new California statute were constitutional. The new California statute is retroactive as well as prospective.
10 minute read
October 18, 2004 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, writes that, for a defendant, bad faith is an issue to be avoided. For a plaintiff, defendant's bad faith is a subfactor that can only help.
9 minute read
July 28, 2008 |

Advanced Magnetic Closures Inc. v. Rome Fastener Corp.

Law Firms Liable for Attorneys' Fees in Patent Infringement Suit Deemed a 'Tissue of Lies'
1 minute read
January 08, 2007 |

Lights Found to Infringe Patent

3 minute read
February 01, 2008 |

Newsbriefs

4 minute read
April 28, 2006 |

Fair Use Analysis in Trademarks

Trademark proprietors used to consider that they owned their "property" absolutely. Their view is that anyone who makes unauthorized use of such "property" for any purpose commits a trespass, and thus infringes. But what about fair use? Can Apple Computer stop a grocer who advertises "Give an Apple to your Teacher"? There must be room for permitted uses, argues attorney Alan J. Hartnick. There is a sea change for trademark fair use, and he predicts it will continue.
8 minute read
June 18, 2003 |

Intellectual Property

9 minute read
April 24, 2003 |

Is it Time to Protect U.S. Databases?

The European Union in 1996 instituted a Database Directive, protecting EU databases. However, notwithstanding various bills introduced for more than six years in Congress, U.S. databases are unprotected. If databases are not protected by copyright (and most are not), and if they should be protected, should they be protected by a paracopyright law, that is, a sui generis law?
8 minute read
May 07, 2012 |

Large Firm Lawyers On the Move

Ex-Dewey partner William Primps joins Dorsey & Whitney's trial group as partner in the New York office and will focus on antitrust, energy, insurance and regulated industries. Plus more law firm movers.
2 minute read
April 21, 2003 |

Intellectual Property

6 minute read

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