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Real Property Law

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Constructive Trust Does Not Require Transfer In Reliance Failure to Obtain Subdivision Approval Does Not Make Title Unmarketable Accounting Necessary When Property Is Purchased With Wrongfully Appropriated Funds,br> Church Documents Establish That Synod Did Not Wrongfully Take Local Church's Property Allegations of Fraud Insufficient to Extend Statute of Limitations on Foreclosure Action Bona Fide Purchaser Prevails Over Mortgagee of Erroneously Discharged Mortgage

Columns & Departments

Development Image

Development

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Landonwner Entitled to Nonconforming Use Status Public Trust Claim Reinstated

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

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Tenant Not Entitled to Recover Consequential Damages for Second Hand Smoke Tenant Failed to Establish Constructive or Actual Eviction Failure to Send Statutory Notice Subjects Apartment to Rent Stabilization Overcharge Claim Dismissed Because DHCR Had Primary Jurisdiction

Columns & Departments

Co-ops & Condominiums Image

Co-ops & Condominiums

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Purchaser Entitled to Return of Downpayment When Co-Op Failed to Consent

Features

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies Image

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies

Stacey C. Kalamaras

This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.

Features

Exploring the Nebulous Boundaries of Trade Dress Image

Exploring the Nebulous Boundaries of Trade Dress

Nicole D. Galli

Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.

Columns & Departments

IP News Image

IP News

Howard Shire & Christine Weller

Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?

Features

Analysis of Warhol Art Fair Use Ruling Image

Analysis of Warhol Art Fair Use Ruling

Robert W. Clarida & Robert J. Bernstein

The U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.

Features

Lawyers Win Contingency Fee Fight Against Estate of Blues Icon's Son Image

Lawyers Win Contingency Fee Fight Against Estate of Blues Icon's Son

Stan Soocher

There have been disputes over rights to the two existing photographs of blues icon Robert Johnson as well as over who was his rightful heir. The latest court decision involves a contingency fee agreement originally entered into by a law firm hired by Johnson's son, who died in 2015. The case offers an example of what rights counsel may gain from such an arrangement following the death of the signatory client.

Features

9th Circuit Says End Steinbeck Copyright Fight Image

9th Circuit Says End Steinbeck Copyright Fight

Alaina Lancaster

In a nearly half-century-long legal dispute over the rights to John Steinbeck's works, the Ninth Circuit affirmed a district court's $5 million compensatory damages award against the author's daughter-in-law but vacated punitive damages against the heir.

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