What to Include in an Art Consignment Agreement with a Gallery

Art Law Journal

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

You Must Renew a Bonded Lien, Or Else

GDB Firm Blog

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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Supreme Court Holds under First Amendment that Offensive, Disparaging Words Can Be Granted Trademark Protection

McBayer IP Blog

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.

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.

Trademark Registration Practice is Officially…umm…Well, You’ll See

KMK Blog

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.

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"Screwed" by Contractor, then Sued by Contractor: Adding Insult to Injury

GDB Firm Blog

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

Mediation Before Litigation or Arbitration?

GDB Firm Blog

Must you really go through the process of mediation before you can have your dispute adjudicated? Yes, if your contract requires it

Don't Inadvertently Waive Your Right to a Jury Trial

GDB Firm Blog

A recent case reminds us how easy it is to unintentionally waive one's right to a jury when dealing with mechanic's liens

A Willfully Exaggerated Lien - It's Not Just The Amount

GDB Firm Blog

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

Extension of Time Requests — A Trap of a Different Sort

GDB Firm Blog

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

Construction License Agreements: Evolving Terms

GDB Firm Blog

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

What Can You Lien For? And What Not?

GDB Firm Blog

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.

Strict Notice Provisions Kill Yet Another Claim

GDB Firm Blog

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

Never Signed an Arbitration Clause? Not a Problem

GDB Firm Blog

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

Punitive Damages in a Construction Case? Really?

GDB Firm Blog

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

Filing a Mechanic's Lien. Again. And Again.

GDB Firm Blog

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

When is Actual Notice of Extra Work Not Considered Notice?

GDB Firm Blog

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

Debarment by Feds Leads to Debarment by State and Local Agencies

GDB Firm Blog

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

Time Is Not On Your Side

GDB Firm Blog

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

You've Got Six Years to Sue for Breach of Contract, Right?

GDB Firm Blog

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

Willful Exaggeration of a Mechanic's Lien - Only Established at Trial

GDB Firm Blog

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

Your Designated Arbitrator Disappears - Now What?

GDB Firm Blog

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

No More Audit Anxiety: Why an Intellectual Property Audit is Nothing to Fear

McBayer IP Blog

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.

Booze is Booze, Right? Not so fast.

KMK Blog

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”

Did A Neural Network Just Solve Craft Brewing's Trademark Problems?

KMK Blog

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.

Enroll in Amazon’s Brand Registry 2.0… But Only if You Own a Registered Trademark

KMK Blog

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

Fiona Versus the Counterfeiters: What About Her Rights?

KMK Blog

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