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Art Law Journal
DECEMBER 18, 2017
Louis Smoller. While the end result of an art consignment relationship is mutually beneficial to both parties, it is imperative that an artist and gallery each formalize their art consignment agreement in writing. Corporate Law Contract Negotiation Contracts Licensing
GDB Firm Blog
DECEMBER 3, 2017
Of the many traps lurking in the New York Lien Law, perhaps the one that trips up the most contractors is the requirement that a mechanic's lien still must be renewed after it is bonded.
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CTC Legal Media
APRIL 18, 2017
Welcome to WordPress. This is your first post. Edit or delete it, then start blogging
McBayer IP Blog
JULY 11, 2017
Posted In Intellectual Property , Trademark Lately there has been a growing tension between certain trademark applicants and a provision of the 1946 Lanham Act, which governs protection of trademarks. This clause gives the U.S.
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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.
KMK Blog
DECEMBER 21, 2017
In perhaps the least surprising trademark decision of the past 12 months, and one that could have been rendered in under 5 pages (rather than the 50 it actually took), the Court of Appeals for the Federal Circuit last Friday held that the Lanham Act’s Section 2(a) bar on registration of marks which “consist of or comprises immoral…or scandalous matter” is an unconstitutional, content-based restriction on speech. In re Brunetti , Appeal No. 2015-1109 (Fed.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
GDB Firm Blog
DECEMBER 15, 2017
A recent decision held that a property owner can be subjected to a claim for defamation after posting a sign claiming that he was "screwed" by his contractor
GDB Firm Blog
DECEMBER 14, 2017
Must you really go through the process of mediation before you can have your dispute adjudicated? Yes, if your contract requires it
GDB Firm Blog
DECEMBER 13, 2017
A recent case reminds us how easy it is to unintentionally waive one's right to a jury when dealing with mechanic's liens
GDB Firm Blog
DECEMBER 12, 2017
Contractors beware. In a recent case, the court found a mechanic's lien to be willfully exaggerated not based on the lien amount but by virtue that the mechanic's lien should not have been filed in the first place
GDB Firm Blog
DECEMBER 11, 2017
Between periods of limitation and various notice provisions, there are traps aplenty ready to trip up a contractor attempting to assert a valid claim. A recent Supreme Court, New York County decision sent a contractor packing for yet another reason--it failed to preserve its claim in an extension of time request
GDB Firm Blog
DECEMBER 10, 2017
The requirements for obtaining an RPAPL 881 license just got longer, as a developer was ordered to post a $1.5 million bond in addition to providing robust insurance coverage
GDB Firm Blog
DECEMBER 9, 2017
If you perform work, labor or services at a construction project, or supply materials or equipment to the site, there is a general perception that you are permitted to file a mechanic's lien for the agreed price and fair and reasonable value of what you provided. To a large extent that is true.
GDB Firm Blog
DECEMBER 8, 2017
Too many valid claims get dismissed before the court even has a chance to look at their merits. The culprit is often the ubiquitous notice provisions in the construction contract. But sometimes the provisions are found in payment bonds. A recent case reminds contractors to be aware of those short notice periods as well
GDB Firm Blog
DECEMBER 7, 2017
The general rule is that only a party to an arbitration agreement is bound by, or may enforce, the agreement. A recent appellate decision just highlighted an important exception to that rule and ordered a subcontractor to arbitrate its claim against five individuals who were not signatories to an arbitration clause
GDB Firm Blog
DECEMBER 6, 2017
Creditors dream of getting punitive damages from the party which owes it money. The reality is not so accommodating. The general rule is that punitive damages are not recoverable in a commercial breach of contract case
GDB Firm Blog
DECEMBER 5, 2017
A recent case reiterates that once your mechanic's lien expires, all may not be lost. If the time to file a lien has not expired, you might just be able to file a new one
GDB Firm Blog
DECEMBER 4, 2017
An upstate appellate court holds that even actual notice, conceded by the owner, does not necessarily satisfy the notice provisions of a construction contract and dismisses a contractor's extra work claims
GDB Firm Blog
DECEMBER 2, 2017
New York amends its Labor Law and General Municipal Law to provide that if a contractor is debarred for a wage violation under the Davis-Bacon Act in the performance of a federal contract, it shall be ineligible to bid on state, municipal or agency work
GDB Firm Blog
DECEMBER 1, 2017
Contracting with large commercial owners or public agencies is hard enough. But letting otherwise valid claims get dismissed because you missed a deadline is especially frustrating. A recent case reflects how easy it is to be tripped up by very short time periods in a contract, and how avoidable those critical errors are
GDB Firm Blog
NOVEMBER 8, 2017
Contracting parties in the know are aware that the statute of limitations for breach of contract is six years. But a recent appellate decision reminds us that the parties can shorten that period quite a bit
GDB Firm Blog
NOVEMBER 6, 2017
Think you've got a strong claim for willful exaggeration of a mechanic's lien filed by your contractor or subcontractor? Not so fast. The lien can be withdrawn or discharged at any time and with it goes your claim
GDB Firm Blog
OCTOBER 23, 2017
Where a contract reflects the intention of the parties to resolve their differences by arbitration, even the absence of a designated arbitrator or a vacancy in that position will not frustrate that intention
McBayer IP Blog
JUNE 13, 2017
Posted In Audit , Intellectual Property Your employment attorney has been advising you that you need to audit your independent contractors and overtime-exempt employees to comply with new rules, while your accountant has been working with you to help avoid audits by the IRS.
KMK Blog
NOVEMBER 14, 2017
In a non-precedential decision, the Trademark Trial and Appeal Board (“Board”) recently reversed a refusal to register Heritage Distilling Company’s application for the mark, BSB , for “distilled spirits” based on the following mark owned by Black Shirt Brewing Co. for “brewpub services; taproom services; taproom services featuring beer brewed on the premises”
KMK Blog
SEPTEMBER 22, 2017
In response to a rise in craft beer trademark disputes, research scientist Janelle Shane recently set loose a "neural network" – a type of computer program that can "learn" from data sets that are given to it – to create new craft beer names. The thought was that the computer program could learn from thousands of existing beer names, and come up with a long list of new ones built on detected patterns. Last month, Shane published a list of dozens of names, saying: "It worked.
KMK Blog
AUGUST 28, 2017
If you sell private label products on Amazon, please listen up! Amazon recently released its Brand Registry 2.0. The new and improved Brand Registry is Amazon’s most recent attempt to combat brand violations on its online marketplace
KMK Blog
AUGUST 23, 2017
As Fiona the hippo, at the Cincinnati Zoo, battled from being born six weeks premature to weighing 375 pounds with a healthy side of sass , she gathered a huge and fierce following. TeamFiona has taken the world by storm
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