LJN Newsletters

  • Unmasking the Copyrightability of Costumes (and Clothing)

    An interesting split in the Circuits has developed over whether costumes are per se copyright ineligible. According to one line of cases, costumes are entitled to copyright protection if the design is unique. Another line of cases, however, seemingly endorsed by Second Circuit dicta, suggests that because the purpose of a costume is to allow its wearer to masquerade, the design of the costume is not conceptually separable from the clothing itself.

    December 05, 2005Stephen W. Feingold, Marc A. Lieberstein, and Danielle R. Mendelsohn

  • News Briefs

    Highlights of the latest franchising cases from around the country.

    December 05, 2005ALM Staff | Law Journal Newsletters |

  • Court Watch

    Highlights of the latest franchising cases from around the country.

    December 05, 2005Charles Miller, Daryl A. Hart and Griffith C. Towle

  • $2.3 Million Verdict Affirmed for Insurance Agent Under Connecticut Franchise Act

    In an Oct. 25, 2005 decision, a Connecticut District Court denied an insurance company's motion to set aside a $2.3 million verdict on the plaintiff-agent's wrongful termination claim, concluding that company's relationship with its independent sales agent constituted a franchise under the Connecticut Franchise Act, §42-133e et seq. ("CFA").

    December 05, 2005Kevin M. Kennedy

  • Analyzing the New York Franchise Act of 1980: Q&A with Thomas M. Pitegoff, New York Bar Association, Business Law Section

    In August 2005, the New York Bar Association authorized the formation of a subcommittee of the Business Law section to review, analyze, and possibly revise or rewrite the New York Franchise Act of 1980 to better reflect the current franchising landscape. The subcommittee has held several meetings and is soliciting input from all interested parties. In this interview, Thomas M. Pitegoff (White Plains, NY) discusses the initial goals of the subcommittee, its progress to date, and its continued interest in receiving comments from franchisors, franchisees, and their representatives, and others who may be affected by the New York franchise law.

    December 05, 2005ALM Staff | Law Journal Newsletters |

  • A Comparison of Novelty in Patent Law and an Analysis of Filing Strategies

    This is the first of a two-part article. This installment discusses the implications of different foreign filing strategies for establishing a priority date under 35 U.S.C. §102(e). Next month's installment will discuss recommendations for foreign applicants filing in the United States and the situation under the European Patent Convention.

    December 05, 2005Dr. Stefan Golkowsky

  • Infringement By Source Code 'Golden Master': Developments in Patent Infringement Law Concerning Extra-U.S. Sales

    Until recently, U.S. software companies comfortably operated under the assumption that selling software that was copied from a "golden master" CD outside of the United States, and which was sold only to customers outside of the United States, did not infringe U.S. patents. Recent developments in the law have destroyed that comfort and made clear that infringement liability may very well lie for exactly those types of foreign sales.

    December 05, 2005Douglas E. Lumish and Sonal N. Mehta

  • Case Notes

    Highlights of the latest product liability cases from around the country.

    December 02, 2005ALM Staff | Law Journal Newsletters |

  • Online: Find Product Liability Articles on the Web

    If you're looking for articles pertaining to product liability litigation, the Rand Institute for Civil Justice ("ICJ") has a Web site that lists and summarizes a variety of articles that are available for purchase or for free. Go to www.rand.org/icj/pubs and click on "Product Liability."

    December 02, 2005ALM Staff | Law Journal Newsletters |