Litigation

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Taking Claim Ripe In Light of Town's Failure to Act

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Multiple Dwelling Law §302 Does Not Apply to Co-Ops

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Inverse Condemnation Claim Time-Barred

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Church's Board Approved Sale Questions of Fact About Ouster Precluded Dismissal of Accounting Claim Against Co-Tenant Forgery Allegations Failed to Raise Question of Fact No Private Right of Action to Enforce Food Cart Regulations

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Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.

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In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.

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Trademarks and Free Expression In the Ninth Circuit

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When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject — many of them from lawsuits that have arisen in the entertainment industry.