Miami Lawyer Blog

According to a recent article, which you can read here,

"Sam Panama Trading Co. has filed a $30 million lawsuit against the [MTV] network and parent company Viacom alleging that it expected to make a ton of money selling clothing and luggage products featuring the MTV brand.

A licensing deal was signed with MTV Networks that allowed the company to offer products in 30 countries in Latin America and the Caribbean, but then San Panama says it discovered that MTV and Viacom 'never registered the licensed marks and logos in many of the territories licensed to plaintiffs under the agreement.'..."

MTV and Viacom are now being sued for breach of contract. The distributors say they expected to reap more than $30 million in sales, but thanks to MTV's alleged failure to go the extra mile in protecting its logo and other marks, they say they have suffered damages to be proved at trial. The defendants, according to the lawsuit, "knew or should have known that third parties had or claimed to have the right to use the licensed marks and logos."

Attorney, Aaron Resnick, notes that it is extremely important that companies consult an attorney or situations like this will b

The Law Offices of Aaron Resnick, P.A. is one of the few Florida firms that has a practice group dedicated to Fashion Law. Fashion law is a specialized area of law that deals with intellectual property (copyright and trademark law, including brand licensing), domestic and international business transactions, textiles, merchandising, employment and labor concerns, and customs (import/export issues). Traditionally, most fashion lawyers work for established fashion and luxury goods companies in major urban commercial centers such as New York City, Paris, London and Milan. Some fashion lawyers work within the company, and others work outside the company for law firms.

Fashion attorneys participate in a variety of legal activities and negotiate deals for their clients. The clients may be large retail chains, haute couture labels, high-fashion models, or an unknown designers just starting out. If and when the situation arises, a fashion attorney will litigate for his or her clients in court.

The Law Offices of Aaron Resnick, P.A.'s group of attorneys are able to assist clients in every facet of Fashion Law. For more information contact attorney Aaron Resnick,
e the norm." According to Resnick, proper legal work may have prevented this dispute.

The Law Offices of Aaron Resnick, P.A. has announced that Efrain Carlos, a 10 year commercial litigator, has become associated with the firm. Since becoming an attorney in 2001, Mr. Carlos has had the pleasure of sharing his services and expertise with hundreds of clients in Florida and abroad. Born and raised in Florida, he obtained his Juris Doctor from the Nova Southeastern University, Shepard Broad Law Center in 2001. He was the Articles Editor for Nova Law Review and Teams Technical Editor for Nova Moot Court Honor Society. He was also on the Bilingual Translating Committee for the Nova Journal of International & Comparative Law. Mr. Carlos was a Law Clerk, for Chief Magistrate Judge Stephen T. Brown of United States District Court, Southern District of Florida as well as for Judge Nancy J. Pollock, Eleventh Judicial Circuit, Miami-Dade County. He was previously associated with the National Firms of Fowler White, Wilson Elser & Arnstein & Lehr and has provided legal work for AIG, Chartis, Travelers, GAMC, Zurich, N.A., The Hartford, Markel, Chubb, ACE and Lloyd's of London. In his spare time, Mr. Carlos enjoys coaching his two son's baseball and soccer teams and participates in endurance triathlons. Mr. Carlos is bilingual and has roots in Miami and Coral Gables.

About the Law Offices of Aaron Resnick, P.A.

The Law Offices of Aaron Resnick, P.A. is a full service boutique law firm with offices in Miami, Boca Raton, Gainesville/Ocala, Jacksonville and New York City. For additional information, please go to www.thefirmmiami.com, or call 305.672.7495.

The Law Offices of Aaron Resnick, P.A. is extremely proud to have developed a practice group focusing on art and cultural property law. The firm handles all types of art litigation and alternate forms of dispute resolution, and also actively represent and counsel clients in corporate and commercial art law matters.

The Wall Street Journal has an update on a proposed bill in the Senate (Schumer - NY) to revive tax incentives for fractional gifting of art to museums. Read the article here. Senator Schumer's proposed bill can be read here.

Sen. Schumer hopes to "restore the incentive for collectors to share these works of art with the public," he said.

Among other things, the proposed change allows donors 20 years to complete the donation of the gift and lets them take a tax deduction on some of the appreciation.

Here is how it would work: In the first year, if a donor who owns a $10 million painting contributes 10% to a museum, he would receive a $1 million deduction. If the donor gives another 10% the next year and the fair-market value of the artwork has increased to $12 million, the donor receives a deduction on the appreciated value, although it is limited to his 90% stake in the artwork, and thus would amount to $1.08 million.

Earlier in the year, Senator Schumer introduced a bill to permit deductions for works of art donated to charities - if (among other requirements) you can get an appraisal. This bill was introduced in February and sent to committee.

Non-litigation art lawyers at the Firm include trust and estates experts who advise visual artists and their estates on taxation and estate planning matters such as setting up foundations and donating works of art to museums.

Fashion law is a growing niche practice addressing diverse areas that affect the fashion industry, including intellectual property, financing, international trade, government regulation, real estate, zoning, dress codes, and other employment issues.

Reuters: "In fashion circles, lawyers becoming sought-after accessories"

Excerpt:

"One of the hottest new trends in fashion is emerging from an unlikely venue: law school.

Fashion law is a burgeoning niche practice in New York and Los Angeles, both hubs of the approximately $200 billion U.S. apparel market, with both legal firms and design houses hiring specialist attorneys.

Their charge is to negotiate real estate deals, advise on mergers and acquisitions, deal with employment disputes and, in some of the most high-profile work, litigate copyright claims. Those claims can be crucial to fashion labels...."

The Law Offices of Aaron Resnick, P.A. is one of the few Florida firms that has a practice group dedicated to Fashion Law. Fashion law is a specialized area of law that deals with intellectual property (copyright and trademark law, including brand licensing), domestic and international business transactions, textiles, merchandising, employment and labor concerns, and customs (import/export issues). Traditionally, most fashion lawyers work for established fashion and luxury goods companies in major urban commercial centers such as New York City, Paris, London and Milan. Some fashion lawyers work within the company, and others work outside the company for law firms.

Fashion attorneys participate in a variety of legal activities and negotiate deals for their clients. The clients may be large retail chains, haute couture labels, high-fashion models, or an unknown designers just starting out. If and when the situation arises, a fashion attorney will litigate for his or her clients in court.

The Law Offices of Aaron Resnick, P.A.'s group of attorneys are able to assist clients in every facet of Fashion Law. For more information contact attorney Aaron Resnick,

Law Offices of Aaron Resnick, P.A. is proud to announce its sponsorship of the Little Lighthouse Foundation's Annual "Nightmare on the Beach" on Saturday, October 27, 2012 at the historic Bath Club (invite below). The event will benefit the Little Lighthouse Foundation, Inc. a Florida based 501(c)(3) and children of South Florida. Mr. Resnick is a founding director of the Little Lighthouse Foundation.

The Little Lighthouse Foundation seeks, identifies and provides support to children and their families with health, educational, and financial challenges. This support comes through the deployment of trained volunteers and/or select financial contributions. For more information on the Little Lighthouse Foundation, please go to: www.thelittlelighthouse.org

For more information on the event or to purchase tickets go to: www.nightmareonthebeach.com

Law Offices of Aaron Resnick's Lawsuit Against the W Hotel Featured in the New York Times

Here is an excerpt from the article:

"The hotel operators sign management contracts, but they don't lock themselves in forever. One day the W South Beach could be a W and the next it could be a Sheraton.

The fine print has created work for lawyers. In June a group of pro football players sued the W South Beach's developer, 2201 Collins Fee (led by Mr. Edelstein), alleging that the developer had used a "sophisticated scheme to lure buyers to the project by using the W name as bait only to sell them a unit that was not in fact a W unit." The players are looking to get back their deposits.

'A condo hotel is a very difficult investment strategy," said Aaron Resnick, a Miami lawyer representing the football players in the suits. "It's not such an easy, simple purchase where you are going to buy and get a rent check every month. It is a lot more complicated than that.'"

http://www.nytimes.com/2012/09/23/realestate/big-deal-w-south-beach-a-sexy-investment-but-read-the-fine-print.html?pagewanted=all