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NYC Litigation Blog

Tuesday, June 13, 2017

The Fair Use Defense Explained


What is the fair use defense to copyright infringement?

A recent court case involving LeBron James’ tattoo could set important case precedent on the issue of the fair use defense.  In the case, Solid Oak Sketches, the owner of James’ prominent lion’s head tattoo, filed suit against Take-Two Interactive Software for copyright infringement after Take-Two used the tattoo on its virtual LeBron James in a video game.  Take-Two filed a counter claim seeking to have the court declare the video game’s display of the copyrighted tattoo was either fair use or de minimum use.
Read more . . .


Friday, June 9, 2017

NYC Employers Should Review Their Hiring Practices


What should NYC employers know about the new salary history law?

A new law signed this month by New York City Mayor Bill de Blasio may mean changes to some New York City employer’s hiring practices.  The bill prevents employers from asking job applicants about their salary history.  It will take effect on October 31, 2017.  Our


Read more . . .


Thursday, May 25, 2017

Creator of the Wall Street Bull Accuses “Fearless Girl” of Copyright Violation


Does the “Fearless Girl” statute infringe on the copyright of the “Charging Bull”?

The 7,000-pound bronze statue of a charging bull has long been a part of New York City’s landscape.  Created in the 1980’s by artist Arturo Di Modica, the bull located outside of the New York Stock Exchange was intended, according to its creator, to be a symbol of strength.  Recently, the statue of a young girl appeared triumphantly standing a few feet from the bull.  This statue is known as the “Fearless Girl” and it was created by Kristen Visbal.  The “Fearless Girl” has attracted a huge fan base for its message of female empowerment, but now the creator of the “Charging Bull” is calling for its removal.
Read more . . .


Sunday, May 21, 2017

Employment Discrimination and the “After-Acquired Evidence” Defense


What is the after-acquired evidence defense?

Employees in New York and across the country are protected from discrimination or unfavorable treatment based on certain attributes, such as their race, religion, disability, gender, and sexual orientation.  Employees who believe they have been discriminated against may be able to file an employment discrimination case.  Anyone considering filing such an action should be aware of the after-acquired evidence defense, which their employer may assert.
Read more . . .


Friday, April 21, 2017

NYC Bill To Ban Employers from Asking Potential Employees About Salary History


What positive effect could banning employer inquiries as to salary histories have on employees citywide?

A New York City bill has proposed preventing private employers in the city from questioning employees about their salary histories.  The bill, number 1253, was approved by the New York City Council on April 5.  It now awaits approval by Mayor Bill de Blasio.  Several other states and cities have taken similar measures to prohibit employers from inquiring about a job applicant’s previous salary.  Our Read more . . .


Sunday, April 16, 2017

Can I Trademark My Name?


Under what circumstances is it legal to trademark a person’s name?

Blac Chyna, the rumored fiancé of Robert Kardashian, with whom she shares a child, was recently denied trademark protection for the name “Angela Kardashian.”  Chyna, whose legal name is Angela White, filed a trademark petition in May of 2016 seeking to protect the name Angela Kardashian prior to her wedding to Rob.  The Kardashians filed an opposition to the request, claiming that Chyna was seeking to profit from the goodwill and fame of their name.  They also asserted that granting the trademark would cause them to suffer irreparable injury to the reputation and goodwill of the Kardashian name.  The United States Patent and Trademark Office (USPTO) declined to register the trademark Angela Kardashian after Chyna failed to answer a notice of default.
Read more . . .


Monday, March 20, 2017

Major Jewelry Conglomerate Faces Sexual Harassment Lawsuit


What should I do if I am being sexually harassed at work?

Hundreds of former employees have filed claims of sexual harassment and gender discrimination against Sterling Jewelers, the owner of Jared the Galleria of Jewelry and Kay Jewelers.  Female employees claim the work environment in these mega jewelry stores encouraged sexual misconduct, such as groping and sexual favors in exchange for promotions.  The class action lawsuit was first filed in 2008, but the case remains unresolved.
Read more . . .


Thursday, March 16, 2017

Drafting an Enforceable Non-Compete Agreement in New York


What requirements must a non-compete agreement meet to be enforceable in NYC?

Non-compete agreements can help employers to protect their trade secrets and keep employees from leaving to work for competitors. By signing a non-compete agreement, employees agree not to work for direct competitors or open a competing business for a specified period of time.  While non-compete agreements can prove essential for many New York City employers, they must be carefully drafted to avoid being struck down.  New York courts have been loath to enforce far-reaching non-compete agreements as they can have a detrimental effect on enterprise.  

Creating an Enforceable Non-Compete Agreement

New York City employers seeking to adopt a non-compete agreement should consult with an experienced Read more . . .


Monday, February 20, 2017

Virtual Reality & Copyright Protection


Do existing copyright laws protect virtual reality applications and works?

Virtual reality (VR) involves computer generated simulation of three-dimensional images or environments that users can interact with using special electronics, such as headsets or special gloves.  VR can be described as “near-reality,” and with recent innovations in the field of virtual reality, users are increasingly being immersed in fantastically realistic realms.  The year 2016 was considered a turning point moment for virtual reality due to the release of several new systems, including Oculus Rift.  While thus far virtual reality for video games has been the focus of most creators, several tech companies have indicated that VR will soon be applied far beyond.  In coming years, it may change the way we surf the web and use our computers.


Read more . . .


Tuesday, February 14, 2017

For Your Own Sake Don’t Do THIS to Your Employees


Dumb, dumb, dumb case from Idaho, reversed by the Ninth Circuit Court of Appeals.  You can find the case here: http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/03/14-35396.
Read more . . .


Monday, February 13, 2017

JFK Contractor Charged with Violation of NYC’s Human Rights Law


What is NYC’s Human Rights Law and how does it protect me?

A wheelchair assistance service company at John F. Kennedy International Airport (JFK) is facing serious charges for allegedly discriminating against Muslim employees.  The NYC Commission on Human Rights filed religious discrimination claims against Pax Assist, Inc.


Read more . . .


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