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September Newsletter

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September Newsletter

  1. 1. In a Word, Much. In Two Words, A Lot. Our annual cruise, Grab a Crab, was held on September 14th. Captain Danny has a few more gray hairs than he did 14 years ago when we began this traditional outing, but the cruise from Kent Narrows to St. Michaels was as good as ever—maybe better. Ten minutes off the pier and the phone rang and emailed ads were received. The trip down the Eastern Bay was spent helping a client with an urgent need to obtain network clearance for a commercial. But, hey. It’s what we do. Follow some of our crab picking exploits below. Overtime Regulations: What Employers Should Know On October 24 at The Holiday Inn on Washington Blvd in Jessup, Chris Lyon will present a discussion of the current status of the Obama-era overtime regulations. A federal court in Texas recently invalidated the regulations. Learn whether or not and why the Trump administration may file an appeal to the Fifth Circuit. Chris will discuss the possible outcomes and how employers can be affected. To attend, contact CMcDaniels@agtlawyers.com. Space is limited. Workplace Violence: Prevention and Liability Elizabeth Harlan will conduct a one-hour program on September 29 at the Hampton Inn & Suites, Timonium,
  2. 2. Maryland, beginning at 8:30 a.m. Elizabeth will address high value cases brought against employers for workplace violence incidents, Maryland’s workers’ compensation statute, how to inquire about mental illness and avoid an ADA claim, and strategies to help keep your co-workers safe. And yes, violence can occur anywhere. Don’t miss this important presentation. Contact CMcDaniels@agtlawyers.com. Space is limited. Maryland’s Healthy Working Families Bill Do you know enough about the details of this highly-publicized bill that will require qualifying employers to provide yearly paid sick leave? Julia Bartels will conduct a one-hour program on October 6, at Staybridge Suites, BWI Airport, Linthicum Heights, beginning at 8:30 a.m. Contact CMcDaniels@agtlawyers.com. Space is limited. A Photographer’s Legal Rights On October 9, Kaitlin Corey is speaking to the Annapolis Camera Club regarding copyright and other legalities affecting photographers and their photographs. She will also address sales tax issues regarding the transfer or sale of photos. If interested, contact Kaitlin at KCorey@agtlawyers.com and she will provide you with the Camera Club’s contact information. Do We Have a Gun Problem? On October 24 at 8:00 a.m., a panel comprised of Major Byron Conaway, Commander, Homeland Security Section of the Baltimore Police Department; Janice Bledsoe, Deputy Baltimore City States Attorney; Staci Pipkin, Criminal Defense Lawyer; and Jayne Miller, WBAL TV investigative reporter will convene at the University of Baltimore School of Law. This open-air think tank, sponsored by the University of Baltimore Law Review, will examine whether we have a gun problem and what can be done. Jim Astrachan will moderate this 3-hour panel. This program is open to the public. Three ProfessorsSM Three Professors℠ will return on November 14, 2017. This meeting will take place at the Wine Market on Fort Avenue to give those heading south after work a chance to attend. Of course there will be wine and nibbles. We originally had planned to discuss salacious trademarks and their registration following the U.S. Supreme Court’s sea change decision regarding the SLANTS, but with the world all a twitter, that is bound to change. Contact BBrown@agtlawyers.com. Space is limited, and the vino is not bad. Our Blog We continue to blog on subjects that are of interest to our clients and friends. The latest additions are Address Copyright Ownership Issues in Writing ; Can You Advertise Yourself as a (Legal) Specialist?; Beyoncé Loses Round One of Fair Use Fight with Messy Mya’s Estate Over the Use of Samples; and It’s Been a Second Amendment Summer. You can find our blog at www.agtlawyers.com/_cms/blog. We add new posts weekly. New Website We like the existing site a lot, but its time has come (and gone). It reminds us of that one kitchen drawer everyone has. Things thrown in without organization. It didn’t start that way, but you all know how it goes. We hope in the next several weeks to announce the launch of our new website, and we are busy on its construction. Reminder – Digital Millennium Copyright Act Safe Harbor The Digital Millennium Copyright Act (DMCA) provides a safe harbor for online service providers from liability for copyright infringement by their users. 17 U.S.C. §512. If you operate a website, portal, social media platform, blog, mobile app or other service that allows user-posted content, then you need to take action before December 31, 2017 to avoid loss of the safe harbor protection by re-registering your designated agent to receive notification of claims of copyright infringement under the DMCA though the online registration system available on the Copyright Office Website. 17 USC §512(c)(2). To complete the registration, go to copyright.gov; click on DMCA Designated Agent Directory; and go to Access the Registration System. Please contact Donna Thomas at (410) 783-3522 or DThomas@agtlawyers.com if you have any questions or need any assistance with the registration.
  3. 3. Holy Sanctions, Batman! When a New York zipper seller sued our client, a Wisconsin-based zipper seller, claiming tortious interference, it was clear that the lawsuit was without merit. The New York company claimed that our Wisconsin-based client had falsely reported to an e-commerce website that the New York company was infringing the Wisconsin client’s trademark. During the litigation, we directed specific questions to the New York company about its use of our client’s trademark. The New York company refused to answer these questions even after the Court ordered that it do so. We moved for sanctions and the court dismissed the New York Company’s suit and awarded our client its attorneys’ fees. We present to you a contest of great skill and a chance to win a $25 Gift Certificate to Barnes and Noble! The Questions: 1. Why did this retailer choose the name Piggly Wiggly? 2. What is a milliHelen? 3. What is the sum of all numbers on a roulette wheel? And why? Submit your answers to Briya at BBrown@agtlawyers.com Quiz Game Rules: 1. When you enter, you agree to these rules. 2. Multiple entries are permitted, but only one prize to an entrant, ‘cause that’s all we’re giving. 3. We can announce you as the winner in a future newsletter. If you are a known celebrity, a felon of the law or an Oscar® winner, we will use your photo. If you are a competitor who reads our newsletter, we may not, or we may, use your name. We may even change your name. At any rate, do you really want the association? 4. The winner will be the first correct answers received by email. There will be ONLY ONE winning entry, unless we change our minds. 5. All decisions are final. There are no appeals. We decide. 6. No purchase necessary. 7. If you enter, you agree not to contest any aspect of this contest. 8. Void where prohibited. You know what that means. If not, you need to call us if you plan a contest. Attention Event Planners! Astrachan Gunst Thomas, P.C. not only protects, we teach. Our attorneys lecture nationally and have taught at the University of Maryland, the University of Baltimore School of Law, Washington College and Johns Hopkins University. If you have an event, conference or meeting coming up and need an engaging speaker to discuss intellectual property, ad law, business, or employment and management issues relevant to your business and industry, please contact Briya at bbrown@agtlawyers.com for seminar planning and topic details. Or, if you want a copy of any of the articles mentioned in this newsletter, ask Briya.
  4. 4. We Write the Book on Advertising Law. (WE KNOW WHAT TO DO) WE BUILT OUR REPUTATION PROVIDING BUSINESS LAW ADVICE TO CREATIVE BUSINESSES. **************** Astrachan Gunst Thomas, P.C. practices intellectual property, business/M&A, commercial litigation, tax law, entertainment law and employment law, and is based in the Baltimore-Washington area. Please contact Marnie Betz at 410.783.3523 with inquiries. **************** Astrachan Gunst Thomas, P.C. | 217 E. Redwood Street, 21st Floor | Baltimore, MD 21202 | 410.783.3550

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