David Bernardoni

Court Exonerates Board Member in Multi-Million Dollar Claim

Kulik Gottesman Siegel & Ware LLP (“KGSW”) is pleased to announce that Thomas M. Ware II and Justin Nash successfully defended Erna Parth, a former homeowners’ association volunteer director and President, against a multi-million dollar damage breach of fiduciary duty claim brought against her by her own homeowners association.  After a 25 day bench trial, […]

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Trademark Law Trumps Use of the Trump Name Without Written Consent

BY: DAVID BERNARDONI Love him or hate him, President Trump dominates the news headlines and provokes passionate discussions taking place in the country today.  Thus, it’s no surprise that in the last two years entrepreneurs have increasingly sought to capitalize on the Trump name in connection with goods and services they seek to bring to

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Trademark dispute between Kylie Jenner and Kylie Minogue is a classic example of “confusingly similar” marks

BY: DAVID BERNARDONI There’s more than one “Kylie” in town, but Kylie Minogue isn’t giving up her “Kylie” trademark protection without a fight. Long before “Keeping Up With the Kardashians” became a television sensation, singer Kylie Minogue had hit sings such as “The Locomotion” and “Come Into My World.”  She has even owned the website

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A Motion for Sanctions is an EFFECTIVE Tool to Defeat

Published in Community Associations Institute’s May/June 2013 issue of Focus Magazine A lawsuit filed against a homeowners association, even when frivolous and brought in bad faith, can have a devastating effect on an association’s limited funds. When a frivolous or bad faith lawsuit is filed, a homeowners association should consider the use of a motion

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Who qualifies as a supervisor in cases where an employee sues for workplace harassment?

How the Supreme Court’s Latest Decision Affects Employers and Employees For companies that employ 15 or more employees beware: Title VII of the 1964 Civil Rights Act gives employees the right to sue if they suffer workplace discrimination based on race, color, religion, sex, national origin, or gender identity. This past week, the U.S. Supreme

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