Arthur R. Lehman, L.L.C.

March 2018 Archives

What is a trade secret in New York?

A trade secret is a type of intellectual property that can be protected by law. In New York, a trade secret is a formula, device, pattern or other information that is compiled to use in a business that gives the business a competitive advantage over others who don't have or don't know how to use the same information. If someone attempts to appropriate a trade secret, New York intellectual property law can protect its legitimate owner.

Cyrus sued in New York over alleged infringement

Copyright infringement can be costly, particularly when the work of one artist is used without permission in the successful work of another. A lot of ink has been spilled on famous - and infamous - cases of infringement that have resulted in the repayment of royalties, injunctions and shared copyrights. Sometimes infringement is avoidable (Google is widely available), and often it has been found to be unintentional. Even so, under most circumstances, an unintentional infringer may not continue to profit from the work of another.

What is breach of fiduciary duty in New York?

When a party has a legal obligation to act in the best interest of another party - or parties - this obligation is known as a fiduciary duty. The relationship that creates a fiduciary duty is often referred to as a fiduciary relationship. For example, a business partnership creates a fiduciary relationship among the partners, and each partner, therefore, owes a fiduciary duty - an obligation to act in the best interests of the other partners and the partnership itself - to the other partners. If a partner fails to uphold this obligation, they may have breached their fiduciary duty, which can sometimes lead to disruptive business litigation.

Protect your intellectual property in New York

Manhattan is a hotbed for ideas. Major corporations have trade secrets they want to keep close, tech startups need to trademark their names and logos and all manner of creatives, from playwrights to authors, have original works for which they'd like to retain the rights. Broadly speaking, all these concepts are known collectively as intellectual property. And fortunately, you can protect it.

How does one register a copyright in New York?

Copyright law affords the creators of original forms of material expression - such as written works, films, and recorded performance - exclusive use and ownership in their own works. It also provides penalties for those who attempt to profit from another's original material without the permission of the copyright holder. This particular form of intellectual property protection is key to ensuring that those engaged in creative works are rewarded for their originality.