Insights & Tips


André Castaybert PLLC

A group of freelance photographers contracted to shoot NFL games may press forward with a claim that they were forced to enter into unconscionable licensing agreements that cost them their ability to sell higher-value commercial licenses. The seven pho …

Category: Commercial Litigation

André Castaybert PLLC

Tiffany Tibbot writes on the topic of The Basics of Patent Protection for Design on Maker’s Row reviewing how to protect your designs. Tibbot’s number one lesson: fashion design cannot be protected but the pieces that make up the design can be. Things …

Category: Fashion Law | Intellectual Property Law

André Castaybert PLLC

In a recent article on artsy.net, Isaac Kaplan explores How Much Do Artists have over a Work after It Sold. As Kaplan explains, under VARA the answer is, yes. The Visual Artists Rights Acts (VARA) provides visual artists control over the attribution an …

Category: Art Law

André Castaybert PLLC

New York employees will be eligible for paid leave to care for family members under the new Paid Family Leave Law, effective January 1, 2018. Phased in over a four-year period with eight weeks of leave in 2018, ten in 2019, and ultimately twelve in 202 …

Category: Employment Law

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

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