Insights & Tips


André Castaybert PLLC

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Category: Commercial Litigation and Arbitration | Discovery Practice

André Castaybert PLLC

Parties to legal proceedings pending outside of the United States should be aware of a helpful U.S. statute, 28 U.S.C. § 1782, which provides a vehicle to obtain evidence from U.S. persons for use in a proceeding in a foreign or international tribunal. …

Category: Commercial Litigation and Arbitration | Discovery Practice

André Castaybert PLLC

The Clarion List recently published an article regarding the five questions to ask before buying art, available here. To summarize: Is it a good fit?  Consider how the piece fits into your existing collection and where you would display it. Many galler …

Category: Art Law

André Castaybert PLLC

Lexology recently highlighted some issues regarding surnames as trademarks under the new European Union Trade Mark regulation, available here. In short: Under U.S. trademark law, a mark that is primarily a surname cannot be registered without proof tha …

Category: Intellectual Property Law

André Castaybert PLLC

IFB recently published their 5 Essential Elements for a Successful Brand Partnership, available here. To recap, whether you are a brand or a blogger, you should: 1) Be clear on who you are, what you stand for, and what value you are adding to your audi …

Category: Fashion Law | Intellectual Property Law

André Castaybert PLLC

New York Law Journal recently published an article discussing a copyright case involving pre-1972 sound recordings, available here. To recap: Under current federal copyright law, music recorded after 1972 is entitled to certain protections, but it is u …

Category: Intellectual Property Law

André Castaybert PLLC

Should a personal injury plaintiff be compelled to give a court unlimited access to her Facebook account? According to the Appellate Division, First Department, the answer is no, but a dissenting opinion calls for a reevaluation of the Court’s decision …

Category: Appellate Practice

André Castaybert PLLC

WWD recently published an article exploring the importance of hashtags and trademark protection to retailers, available here.  To recap: Brands often use hashtags for their marketing campaigns.  For example, Madewell’s #everydaymadewell, Hudson’s #lety …

Category: Fashion Law | Intellectual Property Law

André Castaybert PLLC

Trademarks help customers identify the source of a product or service.  Although trademarks help prevent consumer confusion, start-ups often have misunderstandings about the process or trademark law.  Westfair Online recently published an article about …

Category: Intellectual Property Law

André Castaybert PLLC

Art insurance is essential for any art collector because it safeguards both the investments in art and the artworks themselves. It also protects both the current owner and future owners. The Clarion List recently published a useful reminder about the i …

Category: Art Law

André Castaybert PLLC

In the February 2016 edition of WIPO Magazine, CREATe’s Pamela Passman shared “eight steps to secure trade secrets,” available here. To summarize: Implement business procedures to reinforce non-disclosure agreements. A company’s overall corporate polic …

Category: Business and Employment Litigation | Intellectual Property Law

André Castaybert PLLC

The first steps in establishing your business are often the most critical. According to a recent Maker’s Row article, these three tasks are the most essential when launching your business: Establish your name. Write down a list of 10 possible names you …

Category: Fashion Law

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