Insights & Tips


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

André Castaybert PLLC

About 375,000 visual artists in the United States operate their businesses without a corporate structure, which not only leaves them vulnerable to personal liability but also prevents them from enjoying certain tax benefits. Art Law Journal recently wr …

Category: Art Law

Chris Martin, founder of Last Match Studios and designer of original apparel graphics, is claiming that some of his original designs, known as the “Martin Designs” were copied by the designers at Ralph Lauren’s Denim & Supply used printed on graphi …

Category: Fashion Law

André Castaybert PLLC

  A situation familiar to many artists pursuing their creative careers while working another job to pay the bills, was brought to light in the Tax courts with a case involving the I.R.S and the artist, and professor, Susan Crile. Crile, whose work …

Category: Art Law

On October 20, 2015, The Sixth Circuit Court of Appeals has re-confirmed, once again, that recipes are not subject to copyright protection. The original ruling arose in the case of Rosemarie Carroll, who accused ex-business partner Larry Moore, and oth …

Category: Intellectual Property Law

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