You read that right. While it is often a smart business move to protect a brand with a federal registration, that is not always the case. How do brand owners tell the difference? They can start by asking themselves the following questions. First, how important is the brand to your business? Is it the name […]

Generally, common law rights are derived from custom and judicial precedent. Common law trademark rights are those rights that a business owner has from using a trademark, brand name, slogan or logo without having obtained a state or federal trademark registration of the mark. The rights come with using the mark in commerce. Registration is […]

In 2019, I was retained by a veteran US Navy sailor to file a petition before the US Naval Discharge Review Board (“NDRB”) seeking to have his character of discharge upgraded to Honorable, after a series of alcohol-related incidents led to an early administrative discharge under less than Honorable circumstances. By recent decision, the NDRB […]

The late musician Prince shocked the world in 1993 by dropping his name and adopting a symbol as his personal moniker. So it is ironic that a landmark case before the U.S. Supreme Court this term will forever be known as the “Prince case.” In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, […]

At a time when coastal areas are besieged by rising sea levels and more frequent, high intensity storms and hurricanes, the New York State Department of Environmental Conservation has taken steps to streamline the process for obtaining permits for certain coastal infrastructure and bulkheads. DEC has finalized General Permit guidelines for bulkhead replacement and repair […]

One of the primary questions people have about trusts is, what is the difference between an irrevocable trust and a revocable trust (sometimes called a “living trust”)? The surface level answer, not to be flippant, is one is revocable, and one is not revocable, or in another word, one is irrevocable. To dig a little […]

It appears to be a common misconception that grabbing content from the Internet, whether it be photos, clips or written content, and using it on your website or social media pages is acceptable. The only time it is acceptable is when the content that is taken is in the public domain, i.e., it is not […]

Peter M. Mott, a partner with the firm, spoke with US News & World Report on what is the difference between a prenuptial and postnuptial agreement. Mr. Mott said there is a difference between prenuptial and postnuptial agreements because of consideration, which requires promises made by the couple to be enforceable. “The consideration of the […]

John A. Viteritti of Hamptons.com recently discussed the evolution of the real estate market with Joan Morgan McGivern, of Counsel with the law firm, Twomey, Latham, Shea, Kelley, Dubin & Quartararo. JMM: Force majeure usually applies to Acts of God – hurricanes and tornadoes, as well as acts of government during times of war, for […]

Should you obtain trademark registration of your business name and/or brand, i.e., your trademark? The answer is absolutely “yes”. The broadest protection you can obtain for your trademark is a federal registration with the U.S Patent & Trademark Office (“USPTO”). A federally registered trademark provides nationwide protection in all 50 states. However, certain trademarks cannot […]