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December 14, 2016

Black Ops versus Tactical Ops-Beer Naming Becomes a Trademark Battle.

By the time the 1970s rolled around, there were about fifty breweries in the United States, according to The Economist. A slew of new laws promoting tax breaks for small microbreweries spurred an era of innovation and explosion of smaller, craft breweries. Today, there are over 3,000 breweries, making the industry both crowded and competitive.

One of the prominent issues that arises, according to this article from NPR.org, is the challenge of finding a name that is not already taken by another brewery. There is a dearth of names that have not already been trademarked by others that connote a positive association with beer. Consequently, there have been more legal issues popping up with name trademarks because so many designs and names infringe on others’ similar ideas.

With so many breweries around the country, people do not have malicious intention to copy others’ names and designs, but there is inevitable overlap with so much market saturation. Frequent legal issues emerge because there are public misconceptions about the fact that merely providing state registrations and ownership of domain names ensure ownership of the copyright/trademark; but that is not always the case. A trademark attorney navigates murky waters where there is no national database of beer brands/trademarks, and conducts common law and internet searches – to see if there are overlapping images or names of other breweries. Intellectual property is vital to creating a strong business, and this web of legal issues associated with craft breweries’ trademarks illustrates that.

September 12, 2011

Holographic Wills—What Are They, and What is Really Needed In Order For Them to Be Valid?

by Peter Klose

So you are sitting on your sofa thinking about life and all you have achieved and just like that it hits you-I have some assets that I would like to distribute to my family if something happens to me. The next thought that will likely cross your mind is: I should probably set up a will.

While the most effective way to distribute your assets exactly as you would wish is to get a will written up by an attorney; Courts in New York State have probated Holographic Wills–a will that was handwritten by the decedent.

In New York, precedent suggests that for a will to qualify for probate (to be valid), it must have been: (1) published by the decedent; (2) in presence of two witnesses. See In Re Pulvermacher’s Will, 305 N.Y.378 (1953). “Publication” means that the Testator has knowledge of testamentary character of instrument, and shares such knowledge with witnesses. Put simply, there needs to be a meeting of the minds between the testator (the person writing the will), and the attesting witnesses (the person who has agreed to witness the will), that the instrument (the ratty old napkin that you have decided to make your will on) they are being asked to sign as witnesses is testamenatory in character (basically that they knew they were signing a will). Estates Powers and Truste Law, Section 3-2.1(a)(3); see also In Re Estate of Pilon, 9 A.D.3d 771 (App. Div. 3d Dep’t 2004). And that is it!

August 24, 2010

Small Business and Intellectual Property-Copyrights and Trademarks in New York.

by Peter Klose

Increasingly, small businesses use the Internet to sell, to launch, to inform, to market, to complain, . . . . [to do just about anything]. There are so many rules, regulations, statutes, concerns, and other worries, that it is impossible to address them all. Many arise without expectation. That said, here are some “basics” about copyright.

Intellectual property refers to the set of rights an owner has to creations of the mind. Generally, a copyright is a set of exclusive rights granted to the author – or owner – of an original work. Original works may include literary, dramatic, musical, artistic, and certain other intellectual works. Any unauthorized use of a copyrighted work is an infringement of a copyright holder’s exclusive rights to control who can reproduce, distribute, and display his or her works.

There are exceptions to the general rule (aren’t there always). Fair use allows the use of copyrighted materials for purposes of criticism, comment, teaching, scholarship, or research to serve as a balance between protecting intellectual property rights and the free exchange of information and opinion.