On December 21st, 2020, Congress approved the second-largest federal stimulus package after the $2 trillion CARES Act that was passed in March 2020. This new COVID-relief package is in the amount of $900 billion, and will ensure that the public has a faster vaccine distribution, and will give aid to those who have lost their jobs and to small businesses that have been extremely affected by the pandemic. With this in mind, the Paycheck Protection Program (PPP) has reopened for small businesses as well. Since applications for the first PPP program were only being accepted until August 2020, this second round of loans from the COVID-relief package could possibly save thousands of businesses across the country. For the full text of the new bill, click here.
Providers of Web Hosting Services Liable for Contributory Infringement of Louis Vuitton’s Trademarks and Copyrights
Notoriously litigious, Louis Vuitton Malletier (“Louis Vuitton”) aggressively polices unauthorized use of its famous marks, logos, and protected designs, especially in the digital age when selling counterfeit goods is as easy as setting up a website.
Beyoncé Fends off Challenge to Daughter’s “Blue Ivy Carter” Mark From Owner of Event Planning “Blue Ivy” Mark
In 2012, BGK Trademark Holdings, LLC applied for registration of the trademark BLUE IVY CARTER with the consent of Blue Ivy, daughter of Beyoncé Giselle Knowles-Carter and Shawn Corey Carter (Jay-Z), but was met with opposition from the owner of the mark BLUE IVY for event planning. In dismissing the opposition, the Trademark Trial and Appeals Board (TTAB) rejected the Opposer’s claims of likelihood of confusion, lack of bona fide intent to use the mark in commerce, and fraud. Morales v. BGK Trademark Holdings LLC, Opposition No. 91234467 (T.T.A.B. 2020). Continue Reading Beyoncé Fends off Challenge to Daughter’s “Blue Ivy Carter” Mark From Owner of Event Planning “Blue Ivy” Mark
A Rise in Bankruptcy Filings for 2021 and How Associations Should Brace for Impact
2020 marks the year of COVID-19, economic shutdowns, unemployment, and business closings. However, with approximately $4 trillion dollars in pandemic aid, many individuals were able to avoid foreclosure and bankruptcy. With federal funding providing an additional $600 per week to unemployment checks, many individuals received more in unemployment benefits than they would have received in their paychecks. Mortgage foreclosure moratoriums also assisted individuals financially impacted by the pandemic. What is in store for 2021 with federal stimulus and forbearance plans ending, and unemployment on the rise? 2021 may mark the year of soaring bankruptcy filings.
Continue Reading A Rise in Bankruptcy Filings for 2021 and How Associations Should Brace for Impact
New York Investment Adviser Representatives Now Subject to Registration
On December 1, 2020, the New York Attorney General announced amendments to the New York Investment Advisory Act (the “Rules”) that will require investment adviser representatives (“IARs”) to register with the state of New York. If you render investment advice from a place of business in New York, now is the time to begin reviewing the rule and your registration obligations. This new law applies even if you previously filed a NY-IAQ on behalf of a state-registered investment adviser.
Continue Reading New York Investment Adviser Representatives Now Subject to Registration
Videos, Recordings, and Other Electronic Evidence in Family Law Cases
Courts are asked to review electronic evidence more than ever, particularly in the age of the pandemic. You never know when or where the next video camera or recording device is going to show up. Particularly, when you’re in the middle of a contested divorce, if there are custody issues, caution is key. In addition to the obvious cell phone recordings, evidence in family law matters often comes from “nanny cams”, doorbell cameras, recordings of Zoom and FaceTime meetings, apps on cell phones to track locations, and other electronic marvels.
Continue Reading Videos, Recordings, and Other Electronic Evidence in Family Law Cases
20 Retailers to Watch for a Bankruptcy Filing in the First Half of 2021
The global pandemic has upended retail across the country. In most cases landlords and tenants are working together to get through this adversity. Although vaccines are expected before the end of the year, the distribution will not likely be available to everyone until at least mid-2021. As such, the retail industry is expected to have a tough slog through at least the first part of the year.
Continue Reading 20 Retailers to Watch for a Bankruptcy Filing in the First Half of 2021
Challenging a Codicil to a Will
In general, a codicil to a Will is an amendment to a last will and testament. A codicil can amend a Will in numerous different ways. For instance, it can change the amount of any bequests left under a Will and who will receive said bequests. It can also change who is to serve as the executor of the estate, or other issues related to the administration of the estate. Finally, its purpose may be to add a personal property distribution list. In essence, a codicil to a Will can amend virtually all of the terms of a last will and testament. Often, a person will simply seek to sign a new last will and testament in lieu of a codicil, however, there is nothing improper about utilizing a codicil to effectuate an amendment to their estate plans.
Can Employers Require Employees to Be Vaccinated Against COVID-19?
As the COVID-19 pandemic rages and excitement grows from promising vaccine announcements, employers are asking a critical question: Can I require my employees to get vaccinated against COVID-19?
Although each employer’s circumstances are unique, the short answer is the classic law school answer: “It depends.” The longer answer is “perhaps, but with exceptions, and even then you may want to reconsider.”
Continue Reading Can Employers Require Employees to Be Vaccinated Against COVID-19?
Applicant Comes Up Short in Rejected “Trump Too Small” Trademark Application
Love him or hate him, Donald Trump has something a lot of people want – a household name. That is why some try to capitalize on the Trump name by incorporating it into a slogan or saying in an attempt to obtain a federal trademark registration. The Trademark Trial and Appeal Board (“Board”), however, has rejected such attempts, including a recent application for “Trump Too Small” for various forms of shirts that criticized President Donald Trump, obviously without the President’s approval. In re Steve Elster, Serial No. 87749230 (T.T.A.B. July 2, 2020). The Board, for the second time, ruled that proposed trademarks incorporating the name “Trump” were not federally registrable.
Continue Reading Applicant Comes Up Short in Rejected “Trump Too Small” Trademark Application