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for: ‘Tim Bukher’

Madrid Protocol in force in Israel

September 1, 2010. The Madrid Protocol comes into force in Israel today. Trademark registrants can now designate Israel in International applications.
The following changes have also been made:

Marks will renew for 10 years in contrast to the previous 14 year term.
Multiclass Applications are now available.

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YouTube Anonymity and Right to Privacy

The recent case of a Columbia grad, Carla Franklin, seeking to have YouTube release the identity of an anonymous user who posted defamatory comments and videos about her has reignited the debate over internet users’ right to privacy:
According to the New York Post, Franklin’s lawyer David Fish says that the ex-model has a “fairly good …

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One Sale Enough for Jurisdiction in New York Trademark Infringement

In the Chloé v. Queen Bee case, the 2nd Circuit has ruled that a single internet sale of a counterfeit handbag in New York constituted sufficient “contact” with the state to satisfy the jurisdictional requirement for bringing suit against foreign entities under New York’s long-arm statute.
The Southern District of New York had previously ruled that …

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Bukher & Associates to Expand to D.C.

Bukher & Associates is preparing to open a new office in Washington, D.C. Our new branch is slated to open in October 2010.
The D.C. branch will focus exclusively on trademark law; specifically on appeals of Trademark Trial and Appeals Board (TTAB) decisions before the United States District Court for the District of Columbia and also …

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iPhone Hacking No Longer Illegal

The US Digital Millennium Copyright Act (DMCA) at §§ 1201-1203 makes it illegal to circumvent technological protection measures in software or technology which protects underlying intellectual property. Today the Library of Congress has ruled that this prohibition does not apply to iPhone “jailbreaking.”
“Jailbreaking” is a term which describes the process of hacking a phone’s operating …

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New Massive Tax Reporting Burden for Small Businesses

The March 2010 health care reform bill includes a new mandate which requires that, by 2012, businesses begin to issue 1099 forms to all vendors to whom they had paid a minimum of $600 during a given tax year. Naturally such a requirement would force many small businesses to devote more hours and manpower (not …

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Bukher & Associates welcomes Anthony H. Handal

Tony is Of Counsel to the firm’s Intellectual Property practice group and one of the most experienced intellectual property litigators in the United States. He focuses his practice on patent, trademark and copyright trial and appellate work. An experienced engineer who conceived the first digital data compression system while a University researcher under Project Apollo, …

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YouTube Safe from Copyright Infringement Claims

The Southern District of New York has held that YouTube enjoys the protections of the Digital Millennium Copyright Act (DMCA) “safeguard” exception for Internet Service Providers.
Section 512(c) of the DMCA protects ISPs from copyright infringement claims for storing user-uploaded infringing content so long as the ISP does not have “actual knowledge” of the infringement or …

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Product Licensing Agreements: The Basics

Product licensing agreements, whether the product is software, hardware, or simple consumer goods, center around two major legal areas: contract law and trademark law. The contract part of the agreement is fairly obvious while trademark is an added necessity in this modern age (where often up to 90% of a product’s value consists of the …

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Trial Advocacy: Cross-Examining Expert Witnesses

As part of my effort to share tips with fellow boutique firm and solo-practitioners, the following is the first in a series of tips for trial advocacy. I will tentatively title this series, “Don’t Fear the Court Room” as many of us must admit that our early forays into trial brought more than a few …

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