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Commercial Real Estate Intellectual Property

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Visual Artists Rights Act Review

In 1990 Congress added the Visual Artists Rights Act (VARA) to the Copyright Law as new Section 106A. Section 106A provides: 106A Rights of certain authors to attribution and integrity - (a) Rights of Attribution...more

Will a court recognize ‘aerosol artists’?

by Thompson Coburn LLP on

You may think of it as “graffiti,” but a court in New York must determine if “aerosol art” is “meritorious” and of “recognized stature” such that it gets special copyright protection....more

Two Heads May Be Better Than One, But Six Heads Won’t Help You Market Your Bar

Monte Thrasher brought a VARA complaint against Marci Siegel and Co-Op 28 for painting over his “Six Heads” mural in the Los Feliz neighborhood of Los Angeles...more

AGG Litigation Insights Newsletter - Fall 2016

by Arnall Golden Gregory LLP on

Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...more

(UK) Business Rates and Compensation for Tenants

by Reed Smith on

Following our recent update on business rates, we are warning developers to look at their budgets for statutory compensation that may be due at the end of a 1954 Act protected tenancy because of the VOA’s reassessment of...more

Banking & Financial Services E-Note - September 2016

by Burr & Forman on

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in...more

EU: Injunctions against intermediaries available also in the offline world

by White & Case LLP on

The Court of Justice of the European Union (CJEU) recently confirmed that the ability of rightholders to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual...more

Collateral 101: Perfecting Security Interests in Common and Uncommon Collateral

by Murtha Cullina on

As most people (at least in the banking world) know, a security interest is the granting of an interest in property to secure obligations, usually loan debt. If the borrower defaults under its obligations, the bank can...more

Court Upholds Prison for Flea Market Owner for Counterfeiting by Tenants

by Dorsey & Whitney LLP on

As trademark and copyright counterfeiting and piracy has grown, courts have become more willing to grant meaningful relief to rights owners and to penalize counterfeiters and those who facilitate their illicit activities. ...more

EU Retail News - April 2016

by Bryan Cave on

Welcome to the first issue of EU Retail News written by members of the Retail Team at Bryan Cave - EU and US: Marketing fitspiration from SoulCycle - SoulCycle has taken the US by storm, with fitness studios...more

A New Normal? Challenges to Market Definition Find a Foothold at 12(b)(6) Stage

Recent federal court opinions dismissing cases under Rule 12(b)(6) may provide an early off-ramp for antitrust defendants where a roadblock has often existed. Courts are increasingly dismissing cases at the 12(b)(6) stage for...more

International News: Focus on Real Estate - April 2016

by McDermott Will & Emery on

New UK Requirement to Publish Annual Slavery and Human Trafficking Statement - The United Kingdom’s Modern Slavery Act 2015 requires large commercial organisations operating in the United Kingdom to publish a “slavery...more

News from AGG's Retail Industry Team

by Arnall Golden Gregory LLP on

To sophisticated landlords and property managers, co-tenancy provisions contained in commercial leases are routine and (relatively) unexciting. Unfortunately—and perhaps as a result—such clauses are often overlooked. ...more

IRS Issues Notice Announcing Intention to Require Gain Recognition on Certain Transfers of Property to Partnerships with Related...

by Morrison & Foerster LLP on

I. Overview - On August 6, 2015, the Internal Revenue Service (the “IRS”) and the Treasury Department announced their intention in Notice 2015-54 (the “Notice”) to issue regulations (the “Future Regulations”) under...more

Landlords Beware

by Seyfarth Shaw LLP on

Courts from California to New York have long held landlords accountable for contributory trademark infringement in knowingly leasing real property for unlawful trades, manufacture or business, when those landlords rent space...more

The Bryant Park Hotel Denied Preliminary Injunction in Trademark Dispute

by Proskauer Rose LLP on

The Bryant Park Hotel has been using its registered trademarks, including the well-known mark THE BRYANT PARK HOTEL, in connection with hotel, restaurant, and bar services since 2001, but U.S. District Judge Rakoff found that...more

Law À La Mode - Issue 15 – January 2015 (Global)

by DLA Piper on

In This Issue: - Falling Foul Of China’s Trademark System: The Dangers Of International Trademark Applications In China - Retention Of Title: Protecting Your Business From Customer’s Insolvency - Fashion...more

Lease Damage Claim: Federal or State Law – Flip A Coin?

by Pepper Hamilton LLP on

Broadfoot v. Jamestown Mgmt. Corp. (In re Int’l BioChemical Indus., Inc.), 521 B.R. 395 (Bankr. N.D. Ga. 2014) – A chapter 7 trustee objected to the claim of a creditor/lessor on the basis that it should be disallowed...more

Starting a Craft Brewery in North Carolina - Steps to Take Before You Sell a Single Bottle of Beer

by Poyner Spruill LLP on

Before your finely-crafted product can ever be someone’s quiet reward after a long day or before your craft brew can ever take home a Great American Beer Festival® gold medal, you must take certain steps to ensure your...more

Painting on a Borrowed Canvas: When Property Rights Collide with Art

While most artists take pride in creating and protecting their works, many graffiti artists remain necessarily (sometimes famously) anonymous, since their art may also constitute criminal vandalism. In contrast to the...more

Treasury Releases Additional Guidance on Employer Mandate

by Gary Young on

Treasury Releases Additional Guidance on Employer Mandate by Gary S. Young on September 18, 2013 The deadline for Employers to comply with the “Employer Mandate” provisions of the Patient Protection and Affordable Care...more

Is Your Workplace Going to the Dogs? Managing Pet Friendly Policies

by Christina Michelson on

Is Your Workplace Going to the Dogs? Managing Pet Friendly Policies by Christina M. Michelson on August 26, 2013 Companies are increasingly adopting pet-friendly policies as a way to attract and retain employees....more

Bezos May Have Trouble Securing Tax Benefits With WaPo

by Frank Brunetti on

Bezos May Have Trouble Securing Tax Benefits With WaPo by Frank L. Brunetti on August 21, 2013 Amazon.com founder and chief executive Jeff Bezos turned some heads when the billionaire decided to purchase the Washington...more

Copyright and Historical Landmarks

I recently heard that Dubai has planned to build a replica of the Taj Mahal, which will be four times the size of the original and is expected to be completed in two years. The Taj Arabia complex featuring the replica of the...more

Sports Law Update -- Spring 2012

by Thompson Coburn LLP on

In This Issue: - Several pro teams are eyeing possible stadium replacements or renovations this year, including the St. Louis Rams and the Minnesota Vikings. What are some of the major stadium negotiation issues, either...more

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