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The Last Resort Premieres on Netflix
150 150 Brett Manchel

We’re proud to share that a new documentary, The Last Resort, produced and co-directed by firm client Dennis Scholl, premiered on Netflix earlier this year and is receiving wonderful reviews. The Last Resort leads viewers back to the bygone era of 1970s Miami Beach, from its boom as the hottest retirement spot for the Jewish community, to its decline as…

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Celebrities and Copyright Infringement
150 150 Palak V. Patel

By Palak V. Patel palak@jayaramlaw.com Gigi Hadid is a new generation influencer whose popularity is largely based on social media. With nearly fifty million followers on Instagram, each of her posts garner thousands of likes and comments in a matter of hours. Each post can have a significant impact on Hadid’s career. However, a single post can also have legal…

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Vol. 8: Get Your Clients Comfortable With Your Team
150 150 Vivek Jayaram

By Vivek Jayaram vivek@jayaramlaw.com There is usually one reason why in-house clients hire a specific lawyer: they trust the lawyer to achieve a favorable outcome to their challenge.  This is why clients don’t usually flippantly call the “best” firm in town and ask to speak with a lawyer.  Clients usually think, rightfully so, that the right lawyer is one with…

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Merely Ornamental Refusals
150 150 Doni Robinson

By Doni Robinson doni@jayaramlaw.com The USPTO will reject an application if the applied for mark is merely a decorative or ornamental feature, because it fails to identify the source of the goods. This refusal for merely ornamental marks is mostly seen in clothing trademarks, where an applicant attempts to submit an application for a slogan on a t-shirt. These refusals…

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Trademark Law in the Supreme Court: Resolving Two Circuit Court Splits – Licenses in Bankruptcy and Damages in Light of Intent
150 150 Wendy Heilbut

By Wendy Heilbut wendy@jayaramlaw.com The Supreme Court will rule on a trademark case it heard during this session regarding trademark licenses in bankruptcy and will soon decide if it will hear another trademark case regarding infringer’s intent when awarding damages.   Mission Products Holdings Inc v. Tempnology LLC, argued February 20, 2019. In this case, the Supreme Court is looking…

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Fashion and the First Sale Doctrine
150 150 Palak V. Patel

By Palak V. Patel palak@jayaramlaw.com Copyrights and trademarks have been one of the fastest changing areas of law. While most copyright and trademark law has expanded to provide stronger protection to holders, there is one notable exception.  The First Sale Doctrine (17 U.S.C. § 109) allows individuals who knowingly purchased a copyrighted or trademarked work from the holder the right…

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Copyright Now
150 150 Brett Manchel

By Brett Manchel brett@jayaramlaw.com In March, 2019, the U.S. Supreme Court handed down not one, but two, copyright law decisions. We’ve now got clarity on two big issues: 1) you have to have a registered copyright before you can file a lawsuit for infringement; and 2) if you prevail in a copyright suit, you can only recover costs as defined…

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Vol 7: Three Kinds of Useful Information to Send Clients
150 150 Vivek Jayaram

By Vivek Jayaram vivek@jayaramlaw.com Everybody appreciates thoughtful information sharing.  Now, I’m not talking about material shared by those friends who flood your inbox with regular updates about their company’s progress, their favorite charity, or chain letters that promise doom if you fail to forward to every person you know.  I’m talking about data that makes your life easier, provokes a…

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Vol. 6: Give Me the Feedback
150 150 Vivek Jayaram

By Vivek Jayaram vivek@jayaramlaw.com   A lawyer I know had been representing a large, very well-known corporation for several years.  He (and his firm) had been managing the client’s trademark portfolio on a worldwide basis.  The client perceived that an error was made on a cease and desist letter, and my friend’s representation was terminated.  Just like that, one arguably…

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Vol. 5: Three Ways to Be a Better Advisor to Your Clients In-House
150 150 Vivek Jayaram

By Vivek Jayaram vivek@jayaramlaw.com “That’s a business question” is a common response that lawyers provide clients all the time before moving on to the next issue on the agenda.  And it must be extremely frustrating for in-house counsel to hear this from their outside counsel; someone who is supposed to be their counselor and advisor.  Sure, issues regarding pricing and…

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