What’s New with the Trademark Modernization Act? The Trademark Modernization Act of 2020 (TMA) provides new procedures for third parties to challenge fraudulent trademark applications and registrations. The law also clarifies what trademark owners must show to obtain an injunction to stop another party’s trademark infringement. Though Congress passed the TMA on December 27, 2020,
Should You Use a Shopping or Option Agreement for Your Creative Work? If you have written a book or screenplay, you may be interested in turning it into a film, play or television series. However, you may not have experience pitching a project to buyers or financiers. As a result, it is a good idea
The Deal to Legalize Marijuana in New York New York State has reached a deal to legalize marijuana. This was the third attempt at legalization as nearly 60 percent of New Yorkers favor legalization of recreational marijuana. Previous deals had failed due to decision-makers’ inability to agree on how to spend marijuana-related tax revenues and
By: Brett Trembly, Esq., Trembly Law Firm There are many ideas and issues to cover when it comes to the different kinds of business partnerships. In this post, we will dive a bit further into the various types of partnerships which exist. Many people assume that all ‘partnerships’ are interchangeable. But the truth is that
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime and child labor rules for certain employees. Generally, FLSA applies to all full and part-time workers unless they are exempt. Covered employees must be paid at least the minimum wage and receive overtime pay of at least 1.5 times their
Copyright law exists to protect original creative works from unauthorized use or copy. The general rule is that copyright holders can sue and obtain damages from someone who uses their work without permission. But bringing a lawsuit to court can be an expensive endeavor. As a result, small or self-published content creators often decide not
Theatre is more than a structure with seats and a stage. It is a visceral, immersive, and collective experience. It is community. Amidst the coronavirus pandemic of 2020, as productions remain closed, we realize how much we take the joy of live theatre for granted. Thankfully, creators are not easily discouraged, and members of the
Are You Ready for Changes in New York’s Right of Publicity Law? In New York, individuals generally have the right to control the commercial use of their name, image and likeness, or other similar aspects of their identity. This is referred to as the right of publicity. Not all states recognize this right. While New York has
It is no secret that the National Collegiate Athletic Association (NCAA) oversees a very profitable business. The billions of dollars that college basketball and football programs generate on a yearly basis have had student-athletes clamoring for their fair share for decades. In 2019, the Fair Pay to Play Act was introduced and picked up steam after
If you want to buy a product or service, you probably look at online reviews before making a decision. Online reviews often play an important role in building a good reputation. Businesses with bad online reviews take it very seriously knowing that it could be detrimental to its sales. When a business feels a review
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