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New York Business Litigation Lawyer Blog

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Lack of “Use” Undermines Common-Law Trademark Claim

Following our last article about “use” and its relationship with the trademark application process, another case we came across further illustrates this concept, albeit in a more limited manner. Weld-Tech and Aquasol Corp. both sell a plumbing apparatus called “EZ-Purge.” After Aquasol filed for and received trademark registration for the…

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Apple Refused Trademark Registration for IPOD Mark on its Instructional Pamphlet

Late in 2015, Apple’s trademark application for “IPOD,” as used in connection with the pamphlet or instruction manual that accompanies an iPod, was found by an appeals panel to not be “used in commerce” in connection with any good, and denied registration by the United States Patent and Trademark Office…

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Finding No Consideration Court Refuses to Enforce Non-Compete Agreement

NBTY, Inc. is a manufacturer and seller of vitamins and nutritional products. Piping Rock Health Products, LLC is a competitor run by NBTY’s former CEO. Between the end of 2014 and the middle of 2015, a number of high-level NBTY employees resigned and went to work at Piping Rock. In…

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Long-held Beliefs about Arson Science Have Been Debunked

The ABA Magazine has a fascinating write-up about arson and fire science that has been called into question by subsequent research. And while it is freeing long-convicted people from jail, some fire investigators are reluctant to move past the outdated science. For more information about Han Tak Lee’s appeal that…

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Court Grants Discharge of Residential Mortgage after Foreclosure Action Is Dismissed

In 2005, a property owner borrowed $452,000 with which to buy a residential property. After the borrower’s default, that lender assigned the loan to HSBC. HSBC commenced a foreclosure action which was dismissed in 2007 for failure to serve the borrower. HSBC waited until 2009 to file a second foreclosure…

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Court Compels Cablevision to Disclose Identify of Parties Posting to Yelp.com

Gerald L. Cohen, D.D.S sought to force Cablevision to disclose the identity of an individual who posted negative comments to Yelp.com. Cohen intended to use that information to commence a lawsuit for defamation against the poster. Previously, Yelp.com had been compelled to provide to Cohen the IP address of the…

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Guest Post: Avoid LegalZoom

This post was authored by Trippe Fried, Esq., and appeared at http://www.sourcedgeneralcounsel.com/news/2015/8/16/its-like-the-plague-why-entrepreneurs-should-avoid-legalzoom. Though LegalZoom purportedly offers a low-cost alternative for routine legal matters, in reality it sells only one thing: A false sense of security. And let’s dispense at the outset with the myth that it is self-serving for a…

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