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October 2020
Welcome
Welcome to readers of Making the Connection
 
In this issue, you will find: 
  • In Focus : An Homage to Justice Ruth Bader Ginsburg
  • Question of the Month, discussing the unjust enrichment doctrine
  • Case on Point, considering a trademark infringement claim in the context or repurposed products
  • At the Podium, listing my speaking engagements and public appearances
  • Client Corner, spotlighting client events and announcements
In Focus
An Homage to Justice Ruth Bader Ginsburg
Justice Ruth Bader Ginsburg recently died at the age of 87 after a valiant fight against cacncer. I did not agree with all of her  opinions or dissents but admired her as a wonderful advocate, enabling people to of many viewpoints to see issues from different perspectives.  In her dealings with colleagues and others, she demonstrated diligence, respect, civility, style and a wonderful joie de vivre. For those who have not seen it, the documentary RBG is wonderful. May she be an inspiration to us all!
Question of the Month
This month's question is inspired by a recent client situation:
Q: If a party does not countersign an agreement but accepts its benefits, is it obligated to pay?

A: Often, the doctrine of unjust enrichment will apply where there is no signed agreement but it would be unjust to permit the party receiving the benefits to retain them without paying.  A party wishing not to be bound by a profferred agreement should reject it rather than ignoring it.
Case On Point
In this month's case, the court considers a trademark claim in the context of repurposed products.
Hamilton International Ltd. v. Vortic LLC
(U.S. Dist. Ct. for the S.D.N.Y. 2020)

Vortic is in the business of converting antique pocket watches into wrist watches. The wrist watches utilize the inner workings of the pocket watches and display the original trademarks. Hamilton International Ltd. sued, claiming that the sale of repurposed pocket watches bearing the original trademarks constituted infringement. After trial, the judge ruled for Vortic, finding its full disclosure regarding the product precluded a finding that there was a likelihood of confusion as to the source of its product.  Such disclosure included:
  • the prominent placement of the Vortic trademark on the products;and
  • the accurate description of the source of the products and their components in Vortic's marketing materials.
At the Podium
This is a listing of speaking engagements, workshops, events and other public appearances.  At the Podium events are listed on the calendar page of my website. A listing of available presentations and workshops is also posted.   To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.    
    
  • On October 22, 2020 at 3:30 p.m. I will speak on The Advantages of Transparency in Mediation at the virtual annual conference of the Association for Conflict Resolution. Click here for information and to register. I will also speak on that topic on October 16, 2020 at 9:15 a.m. at the 2020 New York State Dispute Resolution Association virtual conference.  Click here for registration.
Client Corner
Client Corner features client announcements and events of potential interest to readers.  Some Client Corner events are also listed on the calendar page of my website.   
 
  • Moxxie Mentoring Foundation Inc. will hold its annual Emerald Summit fundraising luncheon virtually on October 23, 2020 from 12:00 to 1:00 p.m. Click here to register.
80 Orville Drive, Suite 100 | Bohemia, NY 11716
www.lisapom.com
© 2020, Lisa Renee Pomerantz. All rights reserved.



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