Arthur R. Lehman, L.L.C.

October 2016 Archives

Trademark protection: A cautionary tale from Apple

For breadth of offered products, ease of transaction and up-to-date customer feedback, Amazon provides an e-commerce experience that is tough to beat. According to Forbes, Amazon's popular subscription service and speedy delivery are two additional reasons why it has outperformed traditional retailers. Within the past year, the company was rewarded for its service with $82.8 billion in online sales, outpacing its closest competitor by more than $60 billion.

Secrecy contracts under fire

The National Labor Relations Board filed an administrative against the world's largest hedge fund firm, Bridgewater Associates, concerning its confidentiality contract. This case could increase the need for employer representation because of its potential impact on these agreements, nondisparagement clauses and compulsory arbitration agreements used by other New York industries in their employment contracts and handbooks.

Elements of a trademark infringement claim

New York residents may know the importance of protecting their intellectual property rights-that is protecting creative work invented by them so that they not only are the only ones to benefit monetarily from it but also so if a similar product is made defectively, they are not affected by it. One of the ways to protect your work is by registering a trademark.

Can a contract dispute arise out of an implied contract?

When two or more New York parties negotiate, make an offer and then accept the terms they offer one another, they form a contract that is then signed by both parties. When this happens, all parties involved know that the contract contains all the terms explicitly-their duties, rights, and obligations-everything is clearly outlined in the document. Though they may be hesitant to sign a contract because of the legalities that arise out of it, there is nonetheless no confusion as to what would happen if there is a breach of contract.

Are Others Stealing Your Art? What Are Your Legal Remedies?

It's often said that imitation is the sincerest form of flattery. However, seeing an image or character you created reproduced by someone else without your permission can be much more shocking than gratifying, especially if it is an image that you've had trouble monetizing yourself.