Trademark, in general, is defined as “any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person” from those used by others. Trademark may be registered trademarks or unregistered trademarks. For registered trademark, Section 360, Article 24 of
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Violation of Non-Disclosure Agreements: The Lessons from a Tell-All Book on Melania Trump
Good or bad publicity is still free press after all. And many PR professionals accept any form of publicity surrounding a book launch at no extra fee as it can spread like wildfire to readers and even non-readers alike with minimal effort. This exactly is what happened with the launch
Continue readingProtecting Trade Secrets under New York Law: NY Trade Secret Law Basics
Protecting Trade Secrets, in many cases, may be the difference between success and failure of your business in New York. The post shall detail the basics of New York Trade Secret Law. The New York Court System has not adopted the Uniform Trade Secrets Act (“UTSA”), but has common law
Continue readingFree Initial Consultation with a New York Lawyer
Hayes & Simon, an international law firm, is offering a free initial consultation with an attorney in New York. Your legal consultation may be schedule at: Schedule a Call. The call shall be with, in most cases, New York Lawyer Sean Hayes. Hayes & Simon, P.C. Hayes & Simon professionals are internationally
Continue readingNegotiating New York Royalty Agreements
When negotiating the use of your intellectual property, patent or process in exchange for royalties, these three basic tips are key when commencing negotiating New York royalty agreements and royalty agreements throughout most of the world. This week, we discussed some lessons learned from the recent news that the famed Broadway
Continue readingIP 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
Continue readingU.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
Continue readingUse A Cease and Desist Letter in New York
Proper use of a cease and desist letter is the first measure a business can take to protect itself from copyright and trademark infringement – as seen in recent news articles. GiGi New York sent Gigi Hadid and her Tommy Hilfiger collaboration a cease and desist letter because of the
Continue readingThe Most Common Ways NY Small Businesses Land In Court & Ways To Avoid The Court Room
Everyday, New York small businesses are served with lawsuits that could have been avoided had they implemented some simple practices that help avoid the court room. On average, a business with revenues of $1 million per year will spend about 2%, or about $20,000, per year in legal fees. That
Continue readingWhat NYC Businesses Can Learn From The Blue Man Group Royalties Dispute
There are lessons to be learned by fledgling NYC businesses from the recent legal battle over royalties between Blue Man Group and a collaborator. If you are a New Yorker, or a tourist visiting New York City, then you probably know of Blue Man Group, a troupe of street artists
Continue readingCan a Hashtag Be Registered As A Trademark?
Talking to a colleague today, we both came upon an interesting legal question: is a social media hashtag a trademark that one can register? For those who are not familiar with hashtags, it is a word or phrase preceded by a “#” that accompanies text. Hashtags are used to categorize
Continue readingRecent Intellectual Property Law News: From iPhones and Flight Simulators To Cheerleader Uniforms
Intellectual property rights remain a significant issue throughout the world, as outlined in the variety of claims brought around the world over a wide variety of IP issues. In June, the Beijing Intellectual Property Bureau ordered Apple to stop sale of the iPhone 6 and iPhone 6 Plus for violating
Continue readingFederal Trademark Basics: What You Can Learn From The “New York Fashion Week” Trademark Controversy
A growing controversy over the use of a widely-known phrase in the New York fashion industry is a perfect example of why you need to protect your trade names and marks immediately. If you are fashion-forward, or a New York resident, then you have probably heard of the phrase “New
Continue readingVimeo Prevails in New York Copyright Infringement Appeal
Vimeo, an internet service provider that allows users to upload audio and video content, is not liable for copyright infringement in New York after the Second Circuit Court of Appeals reversed a Manhattan Federal Court decision. By reversing and remanding the decision of a Manhattan Federal Court, the Second Circuit
Continue readingProtecting your Intellectual Property in New York: NY IP Law Basics
All businesses, including New York businesses, must take steps to protect their trademarks, brands and other IP. Our international lawyers work throughout Asia and North America and have seen too many issues because of not implementing an IP Protection Strategy, not registering IP, not understanding the domestic value of IP
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