‘Uncategorized’

Berlandi Nussbaum & Reitzas LLP prevails on its motion to dismiss in United States Bankruptcy Court for the SDNY

NEW YORK – Berlandi Nussbaum & Reitzas LLP client, Paradigm Credit Corporation (“Paradigm”), a New York based commercial mortgage lender, prevailed on its motion to dismiss in United States Bankruptcy Court for the Southern District of New York. The lawsuit was initiated by Stillwater Liquidating LLC in an adversary proceeding against Paradigm and 24 other defendants, relating to numerous transactions, of which Paradigm was involved in two.  The motion to

New York, New York
February, 2016

Berlandi Nussbaum & Reitzas LLP is pleased to announce that Jamie J. Spannhake has joined the firm as a partner. Prior to joining BNR, Jamie was attorney owner of Spannhake Law LLC, serving clients in New York and Connecticut in the areas of trusts and estates, residential and commercial real estate, and business formation and transactions. She has also served as independent general counsel to several businesses, the commercial litigation department of an international law firm in New York City” with “the commercial litigation departments of

Protecting Your Intellectual Property: Keeping Your Photos, Your Photos

As a photographer, you take photographs to capture and preserve specific moments, and in the age of social media, sharing these photographs is ubiquitous. But just because online sharing is common, does not mean that anyone is entitled to use your photographs – especially if that use is for profit. So how can photographers protect their photographs from unwanted use?

Registration

The first action that a photographer should take is to register their photograph(s) for copyright protection with the U.S. Copyright Office. Registering for

UNDERSTANDING RETAIL COMMERCIAL LEASES FOR URGENT CARE PRACTICES

Written by Brittany Belli

When it’s time to pick the perfect location for an urgent care center, owners/operators can choose from several different locations. Strip malls or plazas are some of the more popular choices, as they provide high foot traffic through the area. However, retail commercial leases can differ from leases for traditional medical office buildings (MOBs). Retail commercial leases will generally shift responsibilities from the landlord to the tenant (you), so it’s important to understand what they entail, and what can be

What State Am I In?
Common Law Trademarks on the Internet
by Brian Berlandi
Berlandi Nussbaum & Reitzas LLP
April 28, 1998

Cite As: Brian Berlandi, What State Am I In? Common Law Trademarks on the Internet, 4 MICH.TELECOMM.TECH.L.REV. 105 (1998).

TABLE OF CONTENTS

I. Use of a Common Law Mark
II. Proving Use of a Common Law Mark
III. The Natural Expansion Doctrine Exception
IV. The Lanham Act Exception
V. Conclusion
Preface – Scope of Essay

{1}This essay explores the interaction between common law trademarks and the Internet – a relationship that has yet

This Side of the Law: How to Think About Protecting Your Brand
By The Attorneys at BNR

HOW TO THINK ABOUT PROTECTING YOUR BRAND

Clients (and potential clients) often call me and state: “I want to trademark a new brand name I chose for my product/service/business.” In most instances, however, they have little idea what that means, or what it entails. For those budding entrepreneurs out there, let me give you a quick tutorial…..

First of all, trademark law is (like many things) a specialized field that few attorneys practice. If you work with

This Side of the Law: Can’t Get No Satisfaction
By The Attorneys at BNR

Of course, with interest rates as low as they are, we’re seeing quite a few people re-financing. That brings to mind an all-too-common predicament and how to avoid it. Here’s the typical scenario: A client is in contract to sell his house. The title report comes in and I call to discuss it. It shows three or four open mortgages. That is, mortgages that are liens filed against the property in the county clerk’s office. The client is

By: Joshua T. Reitzas
Partner – Berlandi Nussbaum & Retizas LLP

Thinking about signing a personal guarantee? Perhaps on behalf of a corporation because the company cannot afford to stand on its own without your assistance? Or on behalf of a family member whose credit is terrible? Or even a friend? Well, definitely think again.

Last week, I had the unique privilege of actually arguing in Court the exact opposite sides of the same underlying issue: whether a guarantor has the right to assert a defense on a personal guarantee. Two different clients, argued

By: Brian L. Berlandi
Partner – Berlandi Nussbaum & Retizas LLP

This Side of the Law: What is Your Home “Worth”?

We all know the saying….”Your home is only worth what a buyer will pay for it.” That is ever-so-true in today’s market, where buyers appear to have more leverage than sellers. Those of us who bought homes 5-6 years ago, before the real estate bubble popped, now find ourselves struggling just to sell the same home at a 20-30% discount off our original purchase price. Buyers are being picky and negotiating hard

Pawling Public Radio
This Side of the Law: Three Ways to Avoid Liability for Alcohol Served at Association-Sponsored Social Activities
Pawling Public Radio: BNR – Law Firm NYC | Hudson Valley

By Jay Nussbaum
Partner Berlandi Nussbaum & Reitzas LLP

Organizing social activities like pool parties, cookouts, and holiday parties is a big part of managing a community association. They bring members together and foster a sense of commu­nity. But association-sponsored social activities can be risky, too, if you serve alcohol.
If a member, employee, or guest drinks too much and gets into an accident, the