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Inconsistencies Amongst NY SAFE Act "Database" and Ammo Laws Frustrate Many

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December 16, 2014: Provisions governing ammunition sales within the NY SAFE Act have caused unrest amongst firearm retailers and consumers who want to insure that they are selling/purchasing ammunition legally. 

An open letter in early 2014 from NY State Police Superintendent Joseph D'Amico noted, in pertinent part, that "the [SAFE Act] requires that as of January 15, 2014, all ammunition transfers take place in person, including internet sales, which must be facilitated by a New York State ammunition seller," and "the law will also require retail sellers to do background checks and record sales once a New York State database is established and operational."

Chief inquiries raised by retailers and consumers of ammunition in New York have been: has this database been established? And how and when will we know when the database is operational?

In short, the database has not been established and New York State authorities have not provided any indication as to whether or not the operational date of a database is imminent. Rather, authorities have only hinted (for over one year now) that the database is "under construction." Authorities have assured industry members that notice will be given to all sellers "on a timely basis before the database is completed."

As such, ammunition purchase laws in New York for approximately the last year - and an unknown time moving forward - appear inherently inconsistent and ineffective. While the law mandates that consumers purchase ammunition in person, the state has failed to supply the purported extra security provided by background checks for ammunition purchases.

This unfortunate reality - faced by many New York firearm owners - may continue for a significant period of time, as authorities have not yet provided a hard (or estimated) date for when the database will be operational.

TTAB Rules In Favor of Anthropologie In Trademark Opposition Proceeding

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December 16, 2014:  In a recent determination by the Trademark Trial and Appeal Board (TTAB) (Opposition No. 91204412), Happy Green Company’s LLC’s application for “ANTHRO” in international class 3 for bath salts; bath soaps; cleaning and washing preparations; cosmetics and makeup; deodorants and antiperspirants; fragrance etc. was held to be too close to the trademark “ANTHROPOLOGIE” registered by Anthropologie, Inc. and U.O. Merchandise, Inc. ANTHROPOLOGIE is registered in several classes for retail department store services, clothing, handbags, and clothing and fashion accessories. The Board refused registration of the “ANTHRO” trademark on the grounds that a likelihood of confusion exists between the two marks.


Christopher Renzulli and Peter Malfa Featured in For The Defense

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June 16, 2014: Defense Research Institute (DRI) recently featured an article co-authored by Christopher Renzulli and Peter V. Malfa, Construction Contracts: Personal Jurisdiction and Forum Selection Clauses, in its June 2014 Construction Law issue of For The Defense magazine, which can be found here.

The article addresses recent U.S. Supreme Court decisions that redefine the importance of personal jurisdiction and forum selection clauses in drafting construction contracts, with particular emphasis on how regional district courts have applied the Supreme Court’s holdings.


Implications of Recent U.S. Supreme Court Rulings on Attorneys’ Fees in Patent Infringement

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May 15, 2014: In a pair of rulings handed down last Monday, the court loosened restrictions on patent lawsuit fee-shifting, in which the losing party must pay the prevailing party’s attorneys’ fees in exceptional cases under the Patent Act (35 U.S.C.A. 285). The U.S. Supreme Court reversed and remanded Octane Fitness LLC v. ICON Health & Fitness Inc, and vacated and remanded Highmark Inc. v. Allcare Health Management System, LLC, thereby abrogated the two-prong test in which a case is exceptional if both (1) the litigation is objectively baseless, and (2) the litigation is brought in subjective bad faith that was established in Brooks Furniture Mfg., Inc. v. Dutailier Int’l, Inc., 393 F.3d 1378, 1381 (Fed Cir. 2005)).


Christopher Renzulli and Nicholas Whipple Featured in the Defense Association of New York Journal

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March 28, 2014: DEFENDANT, the Journal of the Defense Association of New York (DANY), recently featured an article co-authored by Christopher Renzulli and Nicholas Whipple, Understanding the Recalcitrant Worker Defense, in its Winter 2014 Labor Law issue.

The article addresses the Recalcitrant Worker Defense in the context of Labor Law § 240(1) claims, with particular emphasis on when the defense is best utilized and situations in which alternatives with less burdensome requirements would be more effective.

For more information please contact Christopher Renzulli or Nicholas Whipple.

Renzulli Law Firm Obtains PLCAA Dismissal for Large Nationwide Firearms Dealer

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March 18, 2014: Renzulli Law Firm, LLP recently obtained a complete defense judgment for a large, nationwide firearms dealer through a motion to dismiss pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”).  In a case brought in the Supreme Court of Ulster County New York, plaintiff’s decedent, a twenty-three year old woman, lawfully purchased a shotgun after completing a 4473 form and passing a NICS background check.  Shortly after leaving the store, she used the shotgun to commit suicide in her car in the mall’s parking lot.


Renzulli Law Firm Victory in Commercial Arbitration

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December 4, 2013: Renzulli Law Firm, LLP recently obtained a complete defense verdict from the American Arbitration Association in a case it arbitrated for one of its firearm industry clients.  In Sabre Defence Industries LLC v. Steyr Arms, Inc., et al. the bankruptcy trustee for the company that had previously manufactured AUG rifles in the United States commenced an arbitration proceeding against Steyr Arms, Inc. and Steyr Mannlicher GmbH, alleging that they had breached the contract pursuant to which it had manufactured AUGs for them and sought more than one million dollars in damages.


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