Arthur R. Lehman, L.L.C.

September 2016 Archives

What is a work made for hire?

New York residents may be aware of the general rule of copyrights-once work is created, the author of the work becomes the copyright holder. This means they hold the rights that a copyright holder has and it is their exclusive property. However, they may not be aware of the exception that exists for "works made for hire."

Similarly named company faces claim of copyright infringement

Coming up with an idea can be the pathway to a lucrative career. With the number of people in New York who set out to start a business, market it and sell merchandise linked to it, it is inevitable that there will be accusations of trademark misappropriation, copyright infringement, and other aspects of complex law that must be navigated. It is important to remember the various issues that go along with a trademark and act accordingly when there is an accusation that the idea has been used illegally or there is the belief that another entity is using the trademark illegally.

Resolving domain name squabbles

The Internet has been something of the Wild West as many register domain names hoping to cash in down the road. Recently, National Public Radio reported on a domain squatter who bought clintonkaine.com to market his political fan fiction. He sold the domain to the Trump campaign after it put in a higher offer than the campaign of the named political candidates.

Employers might benefit from balanced noncompete agreement

Employers in New York likely receive many resumes throughout the year and they select only a few people for interviews from those CVs. Usually, multiple interviews follow and screenings take place before an employee is selected, one who enrich the working environment. Usually, employees are then given training regarding their tasks and then provided with detailed private information about the company they have joined.

Successful negotiation may help avoid employment litigation

In today's competitive job market, New York residents probably consider themselves lucky if they are called for an interview after dropping off their resume to an employer. After countless interviews, when a prospective employee receives an offer, they may be inclined to accept the offer immediately and sign the employment agreement. However, as enthusiastic as they may be, they should know that they can negotiate their contract without seeming pushy-the first employment agreement one receives is just the starting point. From there, successful negotiations could help paint a completely different picture and the terms can be changed.