IP Infringement vs. Fair Use? Protecting Federal Trademarks in New York State

Seems like a lot of high-profile trademark issues are happening all over New York. A recent U.S. federal matter outlines the basics of federal trademark litigation and the arguments a New York business may use to attempt to enforce a trademark against a violator of your trademark. A federal judge

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Federal Government Considering New Debt Collection Rules

For the first time in nearly 40 years, the Consumer Financial Protection Bureau is proposing new rules that govern debt collection in an effort to clamp down on alleged abusive collectors. Debt collection is a multi-billion dollar industry. According to the Urban Institute, one in three American adults have a

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Merry Christmas and a Happy Holidays to all our Clients and Friends

  [ABTM id=1137] For a no cost consultation, CONTACT US for an appointment. (c) Sean Hayes – IPG Legal. All Rights reserved.  Do not duplicate any content on this blog without the express written permission of the author. info@ipglegal.com.

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Liability of New York Shareholders for Unpaid Debt of a New York Company

If you reside in New York or wish to run a business in New York , it may be convenient to incorporate a business in New York. But before you do so, you should know a major disadvantage of incorporating a business in New York. Business owners tend to desire

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Franchisors Filing of NYS Tax Documents

With the new year fast approaching, franchisors in New York should begin focusing on updating their franchise disclosure documents, renewing their franchise registrations and preparing their New York state tax filing documents. Tax Filing Obligations of Franchisors in New York New York reporting requirement applies where the franchisor-franchisee relationship falls

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Factors to Consider When Forming a Corporation in New York

New York businesses are not bound to incorporate within the state to operate within New York State. In fact, start-up businesses in New York should consider incorporating outside of New York based on several factors for consideration. Some choose to keep things simple by incorporating or forming an LLC in

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New York Franchisee Succession Planning

New York franchisees interested in succession planning must be made aware of the effect a lifetime transfer of a business has on estate planning. Federal & New York Gift Tax Law Transfers without consideration during one’s lifetime are considered gifts under federal and New York tax law. From an estate

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Successor Liability Pitfalls in New York

When buying or selling a New York business or any of a business’s assets under NY law, potential successor liability of the buyer is of primary concern.  New York Successor Liability Law is complex and the following is, only, intended as a brief overview of the matter. Successor liability in

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U.S. Patents for New York businesses

The common types of U.S. patents that are available to innovative New York entrepreneurs seeking to protect their  intellectual property falls into three common categories based on the type of invention in question: design, utility and plant patents. Utility patents are chiefly concerned with how an invention functions.  A utility patent

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Foreign Nationals Can Work for Their Businesses in New York

If you are a foreign national living in New York, it is not impossible for you to start a business. Starting a business, in New York, does not, in most case, even require residing in New York or even having the legal ability to reside in New York. If you are

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New York Non-Compete & Confidentiality Agreements

Business in New York can be highly competitive, and relies, in part, upon a business’s ability to protect valuable information disclosed to current and past employees. Many NY companies feel that implementing non-compete agreements and other contractual obligations will encourage employee retention overall and protect information should an employee leave.

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Buy-Sell Agreements for Multi-owner Businesses in New York: New York Buyout Agreement Basics

When there is more than one owner of a New York business, creating a New York-tailored buy-sell agreement can save time and money if a change of ownership occurs in the future. New York business owners know that circumstances can change at a moment’s notice.  That is why ensuring that

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NYC Landlords Sue To Overturn Second Year Of Imposed Rent Stabilization Freeze

New York City landlords want the courts to intervene on the rent freeze on rent stabilized units that takes effect for second straight year.  According to the Courthouse News Service, four landlords, Benson Realty LLC, Danielle Realty LLC, Milagros Huertas and Marilyn Percy, and the Rent Stabilization Association, a trade

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Buying a Business in New York

When buying a business in New York, we recommend a more nuanced approach that contemplates matters beyond a mere cost benefit analysis.  Small businesses are the engine of the American economy.  According to a 2012 Small Business Administration report, small businesses “produced 46 percent of the private non-farm GDP in 2008 (the

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New York Reverse Mergers Basics

If you are looking to take your New York private business public, consider the benefits and drawbacks of a New York reverse merger.  Often executives and owners of successful New York businesses may wish to capitalize on that success by making shares of the business’s stock available to the public.

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Starting a Home-Based Food Business in New York

If you are looking to create a home-based food business in New York, then you should become familiar with what you can and cannot make, as well as other rules and regulations that exist. Before you even think about launching your home-based food business, check with your city or town

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Reasons for a New York Landlord to Hire an Real Estate Attorney

If you are a New York landlord that owns or manages one or a few rental properties, then you are unlikely to have a New York lawyer on retainer. To save costs and avoid frustration, landlords should recognize that when these five situations arise, it is time to hire a

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No, You Cannot Take a “Ballot Selfie” in New York

  With the Presidential election looming in a few weeks, here is a reminder that taking a “ballot selfie” to show your social media circles how you voted in New York is actually illegal. Recent published reports note that federal courts recently struck down bans on ballot selfies in New

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Cuomo Signs Law That May Cripple Airbnb in NYC

After a summer of discontent, New York Governor Andrew Cuomo signed the toughest restrictions on short-term apartment rentals in the country that may cripple the operations of Airbnb in the state. As discussed in many previous blog posts here, Airbnb is an online marketplace where prospective guests look for a bed

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New York Commercial Lease Basics: Negotiate a Good Guy Clause For Your New York Start-Up

New York start-up businesses can negotiate a Good Guy Clause into their NY commercial leases to gain flexibility in terminating leases should things go upside down. A New York Good Guy Clause is commonly used in New York City as a personal guaranty within a commercial lease.  In exchange for

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