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May 17, 2026
When Congress revamped the Copyright Act in 1976, it permitted authors of copyrighted works created before January 1, 1978 to terminate licenses or assignments of their works. 17 U.S.C. 304(c). The author has a five-year window to do so, which begins 56 years after the original copyright was secured. The termination can be by the […]
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We have previously written about the New York Court of Appeals decision in Freedom Mortgage Corp. v. Engel, 37 N.Y.3d 1 (2021), which has since been overturned by legislation. An action to foreclose on a mortgage has a six-year statute of limitations under New York law. Where the loan agreement is to be paid in […]
Arbitration clauses are favored by the Court, and many agreements use broad language. A recent federal Court of Appeals decision held that a dispute that arose two years after the end of services called for in an agreement was covered by the arbitration clause. Vondeylen v. Aptive Environmental, LLC (8th Cir. 2026). Kristi VonDeylen hired […]
December 15, 2025
In 1928, Disney released an animated film named Steamboat Willie, which introduced Mickey Mouse to the world. Disney’s copyright in that film expired on January 1, 2024, 95 years after release (rounded off to the end of the year). Morgan Global PLLC is a personal injury firm that decided in 2024 to feature an excerpt […]
Design patents, less well known than utility patents, protect novel ornamental designs for an article of manufacture. A typical design patent contains a single claim consisting of multiple drawings showing the designed article from multiple perspectives. To prove design patent infringement, a patentee must demonstrate that the product it accuses of infringement embodies the patented […]
May 19, 2025
Trademarks come in a variety of forms. Since 2000, the Supreme Court has recognized that product and packaging designs can qualify as a protectible trademark, known as trade dress. Most courts require that a party asserting trade dress articulate specific elements of the design so the court can ascertain validity and infringement. A recent Second […]
New York law closely regulates foreclosures of home properties in the Real Property Actions and Proceedings Law (RPAPL). Among other things, a mortgage holder seeking to foreclose on a home loan must provide a detailed notice, in the form prescribed by law, at least 90 days before commencing legal action. RPAPL § 1304. Within three […]
Many on-line businesses include both arbitration clauses and class-action waivers in their Terms of Use. This has sometimes backfired, when multiple plaintiffs seek to litigate numerous very similar individual claims in arbitration, greatly burdening the company. A recent Ninth Circuit decision, Jones v. Starz Entertainment, LLC, 129 F.4th 1176 (9th Cir. 2025), made it easier […]
March 5, 2025
The law has long held manufacturers and distributors of defective products strictly liable for injuries to persons or property caused by the defect. What if a trademark owner licensed its trademark to a manufacturer? A recent decision of the European Court of Justice held that the licensor is liable. Keskinäinen Vakuutusyhtiö Fennia v Koninklijke Philips […]
Legal disputes between employer and employee are common, and can include wage disputes, discrimination claims and trade secret claims. On-site employees have close contacts with the employer’s place of business. What about remote workers? A recent decision held that a remote worker, who acted as the plaintiff’s Financial Director, was not subject to personal jurisdiction […]
