Klemchuk LLP

Involving huge names like Lady Gaga and Kesha, the New York Supreme Court was under a microscope when deciding another chapter in the long legal battle between pop artist Kesha and music producer Lukasz Gottwald, also known as “Dr. Luke.”   Kesha and Dr. Luke Battle in Defamation Case The long legal battle between Kesha and Dr. Luke began in 2014 when Dr. Luke sued Kesha after Kesha made public remarks that Dr. Luke, her music…
A Managed Services Provider Agreement (“MSP Agreement”) represents the understanding relating to a IT service provider’s work for a client. A clear and comprehensive MSP Agreement can prevent disputes between clients and service providers caused by misunderstandings or differing expectations. Key Provisions of an MSP Agreement Although every professional services transaction has unique nuances and challenges that must be adequately addressed in the MSP Agreement, some key areas of an MSP Agreement include: choice of…
A Managed Services Provider Agreement (“MSP Agreement”) represents the understanding relating to a IT service provider’s work for a client. A clear and comprehensive MSP Agreement can prevent disputes between clients and service providers caused by misunderstandings or differing expectations. Key Provisions of an MSP Agreement Although every professional services transaction has unique nuances and challenges that must be adequately addressed in the MSP Agreement, some key areas of an MSP Agreement include: choice of…
The Fletcher family, famous for its brand Fletcher’s Original Corny Dog (“Fletcher’s”), found itself embroiled in a trademark dispute that came from within.  The Fletcher’s family feud came at the worst time for the Fletcher family as they had been in the middle of reinvigorating the brand for the first time in its eighty-year plus history.   Fletcher’s Family Feud Erupted Between Aunt and Niece The Fletcher family was blindsided by the arrival of Fletch, a new…
The Supreme Court is scheduled to hear an incredibly important case between Oracle and Google regarding whether or not APIs can be protected under copyright law.   Oracle Accuses Google of Copying Java API, Claiming Copyright Infringement In the case at hand, Oracle has accused Google of copying the API of Oracle’s Java programming language.  For those unfamiliar with the terminology, an API or “application programming interface” is basically the coding language that a computer relies on…
Famous for the Meat Loaf songs “Bat Out of Hell,” “I’d Do Anything For Love (But I Won’t Do That),” and “Two Out of Three Ain’t Bad,” singer Michael Lee Aday known as “Meat Loaf” sues Dallas hotel over injuries suffered at the 2019 Texas Frightmare Weekend. Meat Loaf Sues After Fall at Texas Frightmare 2019 According to the Petition, Meat Loaf was injured when he accidentally fell of the stage suffering injuries to three…
Gabbard vs. Clinton 2020 On January 22, 2020, Tulsi Gabbard and Tulsi Now, Inc. filed a federal lawsuit in the United States District Court in the Southern District of New York. The opening paragraph of the complaint sets the tone of the dispute: Plaintiffs Tulsi Gabbard and Tulsi Now, Inc. (collectively, “Tulsi”) bring this lawsuit against Defendant Hillary Rodham Clinton (“Clinton”) for defamation. Tulsi Gabbard is running for President of the United States, a position…
Artist Jonas Jödicke recently found himself in a social media firestorm after confronting musical artist Aaron Carter on Twitter over Carter’s alleged unauthorized use of his artwork. In this blog we have written at length about the struggles between artists and copyright infringement, such as an artist’s struggle against copyright infringers that recreated her work in other mediums. [View “Cease-and-Desist Letters are Important Tools in an Artist’s Arsenal”.] This post will discuss the part social…
Unless you are a very attentive trademark attorney, it is likely you as most of us, have at some time used a brand name to refer to a product in a generic manner.  For example, facial tissue paper, dark soda, pain killers, and the photocopier, have likely at some time been mistakenly referred to by someone in general using a brand name, though the actual product could be any brand. Why is this considered misuse of…
A class action lawsuit was filed recently in the U.S. District Court of Illinois against the College Board. The suit claims the College Board has been collecting and selling student private data utilizing the Student Search Survey program to gather the data in a deceitful manner.  Data Privacy and the College Board With technology advances and the ease in data dissemination tech giants like Facebook often make headlines related to the handling and collection of personal data. However,…