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Protecting Fashion Product Designs Under the Lanham Act

Darren W. Saunders, a partner at Manatt, Phelps & Phillips, and Alpa V. Patel, an associate with the firm, write that in the absence of fashion-specific legislation, fashion companies have turned to trademark/trade dress law. However, unlike copyright and design patent laws intended to reward artistic achievement and originality, trademark law is intended to prevent consumer confusion. As a result, proof of a trademark violation can be far more burdensome.

Internet Investigations of Jurors: Ethical and Strategic Considerations

Nancy E. Delaney, a partner at Curtis, Mallet-Prevost, Colt & Mosle, and Jeffrey C. Berman and Louisa A. Fennell, associates at the firm, write that if an attorney discovers a prospective juror provided false information during voir dire, the minority view, to which New York subscribes, explicitly obligates the attorney to report any juror misconduct to the court.

The Continuing Viability of Assumption of Risk Defense

Cozen O’Connor’s David A. Shimkin and Paul J. Zola write: Defense attorneys practicing in the area of recreational torts were more than pleased with the Court of Appeals’ 2012 decision in ‘Bukowski v. Clarkson University,’ reaffirming the applicability of the assumption of risk doctrine in sports injury cases. But the Second Department has since rejected the doctrine in a case that seems to be almost factually identical.

Too Unique to Compete?

Douglas J. Good, a partner at Ruskin Moscou Faltischek, writes that New York courts generally will not enforce employee non-competes unless they are reasonable, and New York also analyzes non-competes differently depending on whether they arise from mere employee/employer relationships or sale of business.