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Copyright Law

Design Meets Intellectual Property Law Challenges

November 5, 2017

Kyle-Beth Hilfer  will speak about intellectual property law challenges in hospitality design at BDNY 2017 (Boutique Design New York).  Ms. Hilfer will  discuss legal issues in hospitality design at the concept, manufacture, and purchasing stages. In particular, she will present the challenges of legally protecting furniture, lighting, layouts, and decor. In addition, she will explore opportunities for  protecting unique and original hotel brand experiences and FF&E. Finally, Ms. Hilfer will offer best practices for avoiding intellectual property infringement and achieving protection under patent, copyright and trademark laws. 

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How to Negotiate, Prepare for, and Conduct a Licensing Audit

April 12, 2017

One of the most frequently overlooked clauses in a licensing agreement is the audit clause. A badly worded clause may leave the Licensor struggling to discover and collect unpaid royalties if the Licensee omits or underestimates revenue collected. At the same time, an overreaching clause leaves the Licensee exposed to business interruption and possible bad publicity. Here is a look at the licensing audit from both the Licensor’s and Licensee’s perspectives.

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Intellectual Property Strategies Every CEO Needs for the Sharing Economy

March 6, 2017

The “sharing economy” seeks to empower consumers by freeing them from the burdens of ownership. The savvy CEO may wonder: How can the collaborative crowd distinguish counterfeit product from my trusted trademarked or copyrighted products? How can my company remain profitable when consumers eschew new branded goods and services? In fact, the CEO should take comfort in knowing that the brand’s intellectual property remains relevant and valuable in the sharing economy.

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Consumer Protection: Preparing for Evolution under President Trump

January 23, 2017

With the inauguration of President Trump, I have four broad predictions about consumer protection under the new administration.

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DMCA Update: Act Now to Maintain Legal Safe Harbor

December 1, 2016

The US Copyright Office’s new regulations on the Digital Millennium Copyright Act (DMCA) go into effect today December 1, 2016. In order to maintain a website’s valuable DMCA safe harbor protections, service providers must conform to the new requirements.

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Hot Legal Issues for Marketers Summer 2016

August 5, 2016

It’s August, and brands are heating up their summer campaigns and preparing for fall, Marketers tend to jump on prominent news stories and seek relevance by reacting to them. In so doing, they may run afoul of trademark laws or regulatory compliance issues. The season also brings retail challenges, as bricks and mortar stores try to sell off as much inventory as possible. Price claims in advertising also have legal consequences. Here are some “hot” legal advertising topics.

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