Category Archives: Uncategorized

Assouline & Berlowe’s Litigation Department Selected as Top 19 of 116 for Miami

Assouline & Berlowe is pleased to announce that Expertise has selected Assouline & Berlowe’s attorneys as the top 16 law firm for litigation, out of 119 selected.

Expertise published on its website that it based its results on the following criteria when choosing its top 19 selections:

  • Reputation: A history of satisfied customers giving excellent recommendations
  • Credibility: Established in their industry with licensing, accreditations, and awards
  • Experience: Masters of their craft, based on years of practical experience and education
  • Engagement: Approachable and responsive to clients and available for new business
  • Professionalism: Dedicated to providing consistent quality work and impeccable customer service

The Expertise website also stated the following information:

The selection process is performed annually across business categories and geographies. Minor updates may be made throughout the course of the calendar year.

Hand-Picking the Best

Our team conducts a manual review to verify the accuracy of the selections. We then write unique and detailed business descriptions for each hand-picked businesses.

Coming off the heels of already winning the Daily Business Review’s Litigation Department of the Year for Real Estate and Other Litigation (for Small Firms of 69 attorneys or less), the firm management is humbled by this award.

 

ERIC N. ASSOULINE, ESQ.

PLEASE NOTE OUR NEW MIAMI ADDRESS

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

 Intellectual Property, Labor & Employment Law,  Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami · Ft. Lauderdale · Boca Raton

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Filed under Awards, Business Litigation, commercial litigation, IP Litigation, Litigation, Uncategorized

Copyright Law – Supreme Court to Address Recoverable Costs

The Supreme Court of the United States has granted a petition for certiorari in the case styled as Rimini Street, Inc. v. Oracle USA Inc. in order to address split between the circuits as to the types of “costs” that may be recovered under the Copyright Act. 

As framed by the briefs in the case, Question Presented by the petitioner is: Whether the Copyright Act’s allowance of “full costs,” 17 U.S.C. § 505, to a prevailing party, is limited to taxable costs under 28 U.S.C. §§ 1920 and 1821, as the U.S. Courts of Appeals for the 8th and 11th Circuits, have held, or whether the Act also authorizes non-taxable costs, as the U.S. Court of Appeals for the 9th Circuit held.

Currently, there are three (out of twelve) federal circuit courts of appeal which allow certain costs to be recovered.  Those circuits are the First, the Sixth, and the Ninth.  The federal circuit courts of appeal that do not allow recovery of these costs are the eighth and the eleventh (which controls all cases filed in Florida). 

The result of this decision may change the law in the Eleventh Circuit, as to what costs are recoverable under the Copyright Act.

 

ERIC N. ASSOULINE, ESQ.

PLEASE NOTE OUR NEW MIAMI ADDRESS

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

 Intellectual Property, Labor & Employment Law,  Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami · Ft. Lauderdale · Boca Raton

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Filed under Copyright, Intellectual Property, IP Litigation, Uncategorized

JUDGMENT INTEREST RATES – PARTY LIKE IT IS 2009!

As we have been updating on this blog over the past several years, Florida’s Interest Rates on Judgments is announced every quarter.  Over the past several quarters, interest rates have little by little steadily climbed.  Every quarter they are updated, either up, down, or they may remain the same.

 

As of this past Monday, October 1st, 2018, the new interest rate on judgments is now 6.09%.  This is the highest interest rate we have seen in Florida since December 31st, 2009, at which time rates were at 8%, and they steadily went down.

 

Eric N. Assouline, Esq.

Assouline & Berlowe, P.A.

www.assoulineberlowe.com

Miami – Ft. Lauderdale – Boca Raton

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Filed under Judgments, Uncategorized

Bankruptcy Update: 11th Circuit Strikes the “Remain Unpaid” Element from the New Value Defense to Preference Action

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On August 14, 2018, Court of Appeals for the Eleventh Circuit (which controls all Florida bankruptcy courts), ruled that certain language in a prior ruling from 1988 was dicta and not binding, and established a new landscape for defending against a preferential transfer claim through a “new value” defense.

In the past, under the authority of Charisma Investment Company, N.V. v. Airport Systems, Inc. (In re Jet Florida System, Inc.), 841 F.2d 1082 (11th Cir. 1988), the Eleventh Circuit was believed to be of the opinion that an offset against preference liability, for new value provided to a debtor, which were made within the preference period, could only be asserted to the extent that any new value extended to the debtor “remained unpaid” as of the date the bankruptcy petition was filed.

However, under the new Blue Bell decision, the Eleventh Circuit held that the language in Charisma was only dicta, not binding, and not accurate.  Therefore, going forward, new value need not remain unpaid as of the time of the bankruptcy petition.

This decision is important because it will eliminate the disincentive that creditors may have in extending credit to a struggling debtor, which was mentioned in the Blue Bell decision.

ERIC N. ASSOULINE, ESQ.

PLEASE NOTE OUR NEW MIAMI ADDRESS

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

 Intellectual Property, Labor & Employment Law,  Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami · Ft. Lauderdale · Boca Raton

 

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Filed under Bankruptcy, BK, Uncategorized

Miami Tower – Here We Come

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Litigation Partner Peter Berlowe seated in Miami Tower Conference Room

After 14 years in Coconut Grove’s Continental Plaza, Assouline & Berlowe is moving its Miami Offices to the iconic Miami Tower in downtown Miami.

Beginning July 21, 2018, the official address of Assouline & Berlowe’s Miami Office will be: Miami Tower Building, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131.

Please make a note of this change of address.

Eric N. Assouline, Esq.

Managing Partner
Business Litigation
ABLOGOCROP
ASSOULINE & BERLOWE, P.A.
www.assoulineberlowe.com

Intellectual Property, Labor & Employment Law, Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami · Ft. Lauderdale · Boca Raton

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Is Your Estate Planned?

Jason Steinman, the newest Partner at Assouline & Berlowe, is happy. Do you know why? Because he just planned out a client’s estate.

Business clients at the firm often ask “is it really necessary to have an estate plan?”

All too many clients believe if they are married that everything will pass to their spouse anyway so it is not necessary. Although that may be what happens, it may not.

IF YOU FAIL TO PLAN, YOU PLAN TO FAIL.

Anyone who has any assets, heirs, children, or money in the bank, should speak to a trust and estate attorney and go over all the types of documents they should have in their estate plan in order to properly protect these assets in case of death or incapacity.

Eric N. Assouline, Esq.

Managing Partner

Email: ena@assoulineberlowe.com

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“My Other Bag” is a Louis?

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Isn’t the point of a parody to be funny? “Weird Al” Yanovich is well known for his music that makes fun of popular artists/music, such as  Amish Paradise, a parody of Coolio’s Gangsta’s Paradise, and Eat It, a parody of Michael Jackson’s Beat It.   Weird Al is so well known that his successful fair use defense of copyright litigation has become a leading case on musical parody.

Fast forward to Louis Vuitton (“LV”), the Paris based luxury hand bag brand company.  Consumers world wide know the LV brand and the status behind “Having a Louis”.  LV claimed copyright and trademark infringement by My Other Bag (“MOB”), a California based entity.  In a recent decision, the Second Circuit Court of Appeals affirmed summary judgment in favor of MOB.

MOB created a series of handbags where one side of the bag had a similar pattern of famous handbag company brands and the other side said “My Other Bag”.  In this case, MOB imitated LV’s interlocking L and V letters with interlocking M, O, and B letters.  Needless to say LV did not appreciate the similarity of the style and design of its famous mark.

With respect to likelihood of confusion with LV’s brands, the court noted differences between LV and MOB’s design, lack of market proximity, and lack of actual confusion.  From a dilution standpoint, the court said MOB’s bags are a parody of LV’s bags, bringing them within the fair use exclusion of trademark dilution. The critical point was that MOB was not using LV’s brands solely to increase their own sales by confusing consumers that MOB’s bags are associated with LV’s bags.  To the contrary, MOB was using LV’s well known brand and images as a parody because it was clear MOB was not trying to pass off their bags as LV produced bags.  Consumers would know they were buying a MOB bag, not a LV bag.

While a trademark owner has obligations to police their brand, trademark owners should carefully weigh all factors before bringing suit.  In this case, the parody fair use defense was strong for MOB, along with other factors.  More importantly, LV helped market MOB’s products by instituting this action and bringing more attention to the alleged infringement.  Now, “My Other Bag”, with the help of LV, has gained notoriety in the hand bag industry.  But they have a far way to go to compete with Weird Al.

Greg M. Popowitz, Esq.

Registered Patent Attorney

AV Rated by Martindale-Hubbell

Intellectual Property Litigation

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

Email: GMP@assoulineberlowe.com

http://www.assoulineberlowe.com/

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Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

 

 

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Filed under Business Litigation, Copyright, Corporate Law, Intellectual Property, IP Litigation, Uncategorized