March, 2019

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Museums that Give Away Open Access Images of Public Domain Work

Creative Law Center

Innovative museums share their collections with high resolution open access images that can be used by anyone for anything. The post Museums that Give Away Open Access Images of Public Domain Work appeared first on Creative Law Center.

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The “Likelihood of Confusion” Test for Trademarks: What to Know When Creating Your Brand

McBayer IP Blog

Posted In Trademark The purpose of a trademark is to provide your business with a unique identifier on which to build your brand. Trademarks then help you to stand out in the marketplace. It’s only fitting, therefore, that one of the key elements of trademark infringement under the Lanham Act, also known as the Trademark Act, is the likelihood that consumers would be confused by a mark that is similar in some way to the potentially-infringed trademark.

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Getting A Default Judgment In A Nonpayment Proceeding

GDB Firm Blog

You've served your rent demand, no payment. You've started your nonpayment proceeding, no answer. Now you're ready to ask the court to grant you a judgment of possession based on the tenant's default. Easy, right? Not really. There are a number of items on the judge's and the warrant clerk's checklist that must be satisfied first.

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Supernus: Delays Out of the Applicant’s Hands Are Not Applicant Delays

More Than Your Mark

The term of a U.S. patent is typically twenty years. However, the patent term can be altered as a result of certain Patent Office delays (patent term adjustment) and certain regulatory delays (patent term extensions). For the former, the Patent Office will adjust the term on a day?for?day basis: one day of delay results in one day of adjustment. That said, the Patent Office has historically reduced any such adjustment if the patent applicant was the cause of the delay.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Keeping Abreast Of Payments Made To Your Customer

GDB Firm Blog

The New York State Prompt Payment Act allows subcontractors to be informed by the owner of payments made to the prime contractor.

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Gross Negligence — A Little Less Gross?

GDB Firm Blog

In a recent case, an appellate court holds that a party's failure to follow its own internal procedures constitutes "gross negligence" in a construction setting. This would appear to expand prior definitions requiring intentional wrongdoing.

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Brilliant Strategy Preserves Willful Exaggeration Claim

GDB Firm Blog

When a lienor releases its lien, or discontinues its lien foreclosure action, any counterclaim for willful exaggeration of the lien dies along with it. But one contractor devised a brilliant strategy for foiling the subcontractor's plan.

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Non-Interest Bearing? Then Make Sure That You Say So

GDB Firm Blog

If your bank is holding money in an account and you do not want to pay interest, make sure that your agreement to hold the funds says so IN WRITING! In December 2018, a New York appellate court decided that loan documents for a revolving line of credit were ambiguous when the documents only stated that cash collateral would be held in a "Business Money Market Account." The bank apparently argued that it was free to pay 0.01% interest on such an account.

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Document It, Document It, Document It!

GDB Firm Blog

As coop and condo attorneys we get more calls and emails about quality of life issues than just about anything else. Unfortunately, many people call us only after the issue has gotten severly aggravated and have nothing but their word to prove their claim. Courts will not enforce fines or more drastic action against shareholders and unit owners unless the board has the backup to prove its case.

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To SAR Or Not To SAR - Your Mortgagor's Tenant Is in the Marijuana Business

GDB Firm Blog

Everyone is talking about marijuana businesses. It's legal in many states, but still illegal under federal law. Governor Cuomo is pushing for New York to legalize recreational marijuana. Filing a SAR on bank customers in the marijuana business is a well-known issue. However, there is an additional question for lenders. What if your mortgage borrower rents space to a state-licensed marijuana facility?

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Avoid Other Unintended Consequences of Protecting Against Cyber-Criminals

GDB Firm Blog

Earlier this week, I wrote about not accidentally discriminating against the disabled when implementing cybersecurity systems. Financial Institutions also need to be careful when implementing systems that protect confidentiality of emails and website disclosures by prohibiting printing them. Most federal and state disclosure laws that permit the electronic delivery of disclosures require that the recipient must be able to print the disclosures.

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Damages For Delay? - Still No

GDB Firm Blog

A bill out of the New York State Senate which would have amended the state finance law to permit contractors to recover delay damages on public work when caused by an act or omission of the public entity was shot down by Governor Cuomo. Contracts can still provide that there are "no damages for delay.

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Don't Violate the Americans with Disabilities Act by Accident

GDB Firm Blog

The Department of Financial Services cybersecurity regulations just reached another phase-in milestone, so let's discuss the relationship between high security and disabled customers. One cybersecurity system that vendors offer automatically deletes messages you send so they can't be stolen by hackers. Messages with confidential information can't be printed and can't be saved on the recipient's computer.

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No Pet Rules vs. Dogs

GDB Firm Blog

In the ongoing battle between no-pet rules and dogs, the legal system does not make it easy to enforce no-pet rules. In addition to the New York City Dog Law, which requires that an action to remove a dog must be commenced within 90 days of a landlord learning that a tenant has a dog, the civil rights laws protect certain dogs owned by people with disabilities.

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Coops & Condos Beware of Making Unreasonable Late Fee Provisions

GDB Firm Blog

A warning to cooperatives and condominiums with commercial tenants: Gluttonous late fee provisions may preclude recovery.

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Paul Manafort and Double Jeopardy: Answers in the Form of a Question

GDB Firm Blog

?No sooner had the ink dried on the judgment sentencing Paul Manafort on the second of his two federal criminal trials, then New York County District Attorney's Office announced new state fraud charges against him. Their strategy is clear: New York State law enforcement authorities are trying to protect against a potential federal pardon of Mr.

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