Writings by Fred D. Zemel

Fred Zemel has over twenty years of substantial, national experience representing clients in commercial transactions, and counseling clients regarding their business interests. Due to his broad-based, comprehensive background, clients routinely rely on Mr. Zemel’s guidance in structuring, negotiating and closing deals.

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Copyright Victory Gives Google Library Project the Green Light

Introducing the Google Library Google, Inc. can finally move forward with its digital book project, the Google Library, which allows users to search and preview excerpts from books online. The Second Circuit Court of Appeals recently ruled that the project constitutes “fair use” under copyright law. The Digital Book Project So how does it work? […]

Author: Fred D. Zemel

November 4, 2015

Ninth Circuit: DMCA Takedown Notice Requires Fair Use Analysis

For copyright holders, the Digital Millennium Copyright Act’s (DMCA) takedown procedures provide a relatively quick and easy way to address online copyright infringement. However, according to the Ninth Circuit Court of Appeals, some copyright holders have been abusing the extrajudicial takedown procedures by declining to first evaluate whether the content qualifies as fair use. The […]

Author: Fred D. Zemel

October 6, 2015

Scarinci Hollenbeck

Could Your Business Fall Victim to a Trademark Scam?

New York and New Jersey businesses are increasingly being targeted by the ever-present threat that is the trademark scam. With that said, it is imperative to be able to discern a potential fraud from legitimate correspondence from the U.S. Patent and Trademark Office (USPTO). The art of the trademark scam flourishes in large part because […]

Author: Fred D. Zemel

September 25, 2015

Eat More Kale Trademark Dispute Is A David vs. Goliath Situation

The battle over the Eat More Kale trademark appears to be over. After a much-publicized dispute with fast-food company Chick-fil-A, a Vermont small business owner can now take the final steps to perfect his federal trademark. The trademark row started in early 2011 when folk artist Bo Muller-Moore filed for trademark protection for use of […]

Author: Fred D. Zemel

January 23, 2015

Will Chip-and-PIN Credit Cards Become a Reality for U.S. Consumers?

Technology exists that makes credit cards much less vulnerable to fraud. However, it is still not available in the United States. The new system is known as “chip-and-PIN.” As the name suggests, it improves security by inserting a tiny chip into the card, which must be activated by a personal identification number (PIN) when scanned […]

Author: Fred D. Zemel

November 5, 2014

Is the President Liable for Trademark Infringement?

A Kentucky company recently filed a lawsuit alleging that the Obama Administration is liable for trademark infringement. The dispute centers on the Department of Treasury’s planned launch of a government-sponsored retirement savings program called “myRA.” As detailed in court documents, My Retirement Account Services LLC currently operates a website, GetMyRA.com, and has registered the corresponding […]

Author: Fred D. Zemel

October 27, 2014

Scarinci Hollenbeck

Will NJ Be Latest State to Combat Patent Trolls With Legislation?

New Jersey is the latest state to contemplate legislation to combat patent trolls, more neutrally referred to as non-practicing entities (NPEs). Critics use the term “patent trolls” because these firms often collect patent rights solely to extract licensing fees. As previously discussed on the Scarinci Hollenbeck Business Law Blog, so-called patent trolls are at the […]

Author: Fred D. Zemel

October 22, 2014

Monkey "selfies" at the center of a copyright dispute

A recent copyright dispute highlights that even the animal kingdom is not immune from the “selfie” craze. British photographer David Slater contends that he owns a photograph taken by an Indonesian macaque that stole his camera. Meanwhile, Wikipedia contends that the image, which is posted on one of its websites, rightfully belongs in the public […]

Author: Fred D. Zemel

August 26, 2014

Protecting Your Start-Up Company’s Intangible Assets

In its early stages, protecting your start-up is the most important thing an entrepreneur can do. It isn’t the size of your bank account, but your ideas that matter. For example, even before you make your first sale, your company likely has a name, a logo, a business plan, customer list, and maybe even a […]

Author: Fred D. Zemel

May 26, 2014

Federal Trade Commission To Capitalize on Drug Patent

The Federal Trade Commission (FTC) is seeking to apply its success before the U.S. Supreme Court to another type of patent settlement. The agency has asked the U.S. District Court for the District of New Jersey to accept its amicus brief in In re Effexor XR Antitrust Litigation. The Federal Trade Commission brief argues in favor […]

Author: Fred D. Zemel

September 19, 2013

Support for Patent Troll Legislation Growing

Momentum against non-practicing entities continues to grow. Over the last month, Congress, the Obama Administration, the Federal Trade Commission, and the business community have all called for patent reform intended to combat patent trolls. Non-practicing entities do not directly use the patents they own to produce goods, but rather license them to other companies that […]

Author: Fred D. Zemel

August 8, 2013

IP attorney NYC

Former Head of USPTO Offers Insight on “Software Patent Wars”

As patent infringement battles rage between technology giants like Apple, Google, Oracle and Samsung, the debate continues about the impact of the litigation on innovation. Many also question whether the suits reflect weaknesses in the U.S. patent system. David Kappos, the former Director of the U.S. Patent and Trademark Office (USPTO), recently addressed the so-called […]

Author: Fred D. Zemel

June 12, 2013

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