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In Victory For Television Broadcasters, Dunnington Obtains Landmark SDNY $12 Million IPTV Anti-Piracy Judgment

By All, Featured, Firm News, Intellectual Property, Advertising, Art and Fashion Law, Litigation, Arbitration and Mediation

Dunnington obtained a $12 million judgment for Russian broadcasters in the first case applying the Federal Communications Act of 1934 (“FCA”) to internet television piracy.  On June 16, 2020, the judgment was entered by the Hon. George B. Daniels of the Southern District of New York against the operator of a service that offered unlimited internet television access for monthly credit card payments.  Section 605(a) of the FCA prohibits the unauthorized interception, publication, and use of interstate or foreign radio communications. Read More

Lessons From John Steinbeck’s Grapes of Wrath — Dunnington Partner Ray Dowd To Speak On Landmark Copyright Termination Case

By All, Featured, Firm News, Intellectual Property, Advertising, Art and Fashion Law

On July 1, 2020, Dunnington partner Ray Dowd will present a Federal Bar Association webinar “Lessons From John Steinbeck’s Grapes of Wrath:  Copyright Terminations Under Section 203 and 304 of the Copyright Act.”   The webinar will discuss Steinbeck v. Kaffaga, a case in which a petition for certiorari is pending before the U.S. Supreme Court.   Dunnington partners Ray Dowd and Olivera Medenica authored a brief in support of the petition on behalf of amici curiae the Authors Guild, the Dramatists Guild, the American Society of Journalists and Authors and former Register of Copyrights Ralph Oman. Read More

Dunnington Client Alert: Executing a Will by Video During the Pandemic

By All, Client Alerts, COVID-19 Guidance, Estates, Trusts and Private Clients, Featured

New York is now in Phase II of reopening after the COVID-19 shut-down.  Still, many people remain concerned about what the new “normal” means when it’s still possible to contract the virus and perhaps face an untimely death.  Having an updated estate plan can provide some relief from this anxiety, and you don’t have to leave home to accomplish it.  Right now it is possible to execute a new or updated will using video technology without having to physically appear in your lawyer’s office. Read More

Trademark Bulletin May 2020

By All, Featured, Intellectual Property, Advertising, Art and Fashion Law, Trademark Bulletins

Healthvana Sues “As Seen On TV” Company Over Hand Sanitizer

On Tuesday, May 12, 2020, digital healthcare start up Healthvana, Inc. sued Telebrands Corp., the company credited as the pioneer of “As Seen on TV” ads, in a California district court, claiming that it was damaged as a result of Telebrands’ unauthorized use of the registered trademark Healthvana to sell overpriced hand sanitizer. Read More

The Future Of Italian Wines In The U.S. After The Coronavirus

By All, Featured, Firm News

Dunnington Partner William F. Dahill discussed federal, state and city aid for small businesses during the Italian Table Talks webinar, “Has COVID-19 Uncorked a New World for Wines?” hosted by Gruppo Italiano on June 10, 2020.

https://www-forbes-com.cdn.ampproject.org/c/s/www.forbes.com/sites/cathrinetodd/2020/06/12/the-future-of-italian-wines-in-the-us-after-the-coronavirus/amp/

When a Retailer Files for Bankruptcy: Should You Continue Doing Business with Them?

By All, Corporate, COVID-19 Guidance, Featured

With stay at home orders mandating businesses to stay closed, and falling consumer demand, retailers have been devastated by the COVID-19 pandemic and its seemingly endless fallout.  It is no surprise that, as a result, a number of major retailers have filed for bankruptcy – such as Neiman Marcus, J. Crew, JCPenney and True Religion Apparel.  When a debtor files Chapter 11 bankruptcy, however, the issue is whether to end the relationship or continue doing business. Read More

Dunnington Client Alert: New York State’s New York Forward Loan Fund Provides Loans to Small Businesses That Did Not Receive SBA PPP Loan or EIDL for COVID-19

By All, Client Alerts, COVID-19 Guidance, Featured

The $100M New York Forward Loan Fund (“NYFLF”) will provide working capital loans to eligible small businesses, nonprofits and small landlords that did not receive a Paycheck Protection Program (“PPP”) loan, or an Economic Injury Disaster Loan (“EIDL”) from the Small Business Administration (the “SBA”) for COVID-19 in 2020. NYFLF loans are not forgivable, and they must be paid back over a 5-year term with interest. The purpose of the program is to support businesses as they proceed to reopen after NYS on PAUSE, and have upfront expenses to comply with the New York Forward Plan guidelines, including regarding inventory, marketing, and refitting for new social distancing guidelines. Below, we outline program highlights.* Read More

Dunnington Client Alert: USPTO Launches On-line COVID-19 Resource Center and Provides Further Relief for Trademark Owners and Applicants

By All, Client Alerts, COVID-19 Guidance, Featured, Intellectual Property, Advertising, Art and Fashion Law

The United States Patent and Trademark Office has launched a “USPTO COVID-19 Response Resource Center.” Information regarding patent and patent licensing resources, innovation incentives, trademark counterfeiting and consumer fraud, and international COVID-19 related updates – including regarding the World Intellectual Property Organization (WIPO) are available here. Read More

Dunnington Bartholow & Miller LLP Statement on Racism, Racial Discrimination and the Law

By All, Featured, Firm News

The law firm of Dunnington, Bartholow & Miller LLP unequivocally stands in solidarity with the Black community in condemning racism and fighting for equality and justice.

Recent events involving police and civilian interactions with people of color have once again shined a light on the important work that must be done to ensure accountability from those who misuse their power and privilege.  As lawyers, we have a responsibility to speak out against injustice, particularly when the results of the legal process are systemically unfair.  We cannot afford to be silent.

We also express our grief to those physically and emotionally impacted by racial discrimination, bias and injustice.  As a firm, we challenge ourselves, our colleagues and our clients to take steps large and small to combat racism and its effects now and going forward.  This includes opening dialogues on what are difficult, yet important conversations around systemic racial inequality and acknowledging the experiences of those communities particularly oppressed by it.  Honest, empathetic dialogue is a key first step to ending this unacceptable state of affairs, a first step on a long and challenging path.

However, we believe that words are not enough.   We therefore are making a contribution to the NAACP Legal and Educational Fund, Inc.  https://www.naacpldf.org/ to assist in supporting peaceful protests and addressing the problems of racism, segregation, socioeconomic oppression, and income inequality that have created and resulted from systemic discrimination.  We hope others will do so as well.