Columns & Departments
Real Property Law
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
Landonwner Entitled to Nonconforming Use Status Public Trust Claim Reinstated
Columns & Departments
Landlord & Tenant Law
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
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
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
Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.
Columns & Departments
IP News
Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?
Features

Analysis of Warhol Art Fair Use Ruling
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
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
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.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Online Interviewing for Use in Lanham Act LitigationInternet interviewing will undoubtedly become the norm over the next decade. Being familiar with the ways to enhance its reliability and validity will be necessary to create scientifically valid, controlled, and reliable studies that can be used in Lanham Act litigation.Read More ›
- China Finalizes New Regulations to Relax Personal Data Exports from ChinaNearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.Read More ›
- Rights and Obligations In Patent LicensesThe owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.Read More ›