11.04.2013 Blog, Entertainment, Intellectual Property, Litigation No Comments

Serial Cybsersquatting – A big victory for Pinterest

Pinterest, an online consumer social site which allows its users to gather images and other content and curate that content into collections called “pinboards,” won a major court battle, which included a $7.2 million judgment, against  a Chinese cybersquatter Qian Jin.  Qian Jin purchased hundreds of domain names similar to (for example,,, etc.)  “Cybersquatters” generally will purchase and register domains names that are identical or confusingly similar to the trademark of a rising brand in hopes to make money by advertising on, or selling products on,  web sites using these similar domain names.  The court agreed with Pinterest that Qian Jin was in fact cybsersquatting.

In 1999, the United States Congress passed the Anti-Cybersquatting Consumer Protection Act  (“ACPA”) to combat this type of behavior (even though the Lanham Act, which existed prior to the days of the internet, was in fact a preexisting law that trademark owners could use to protect their trademarks from exploitation by others).  Essentially, under the ACPA,  a trademark owner needed to prove that there was a bad faith intent by the infringing party to profit off the use of the similar domain names (i.e. the  intent to sell the similar domain names to the trademark holder, to keep the  trademark holder from using the domain names, to disrupt the trademark holder’s  business, or to cause consumer confusion.)  It was then up to the infringing party to show that they had a good faith reason to use the domain names (for example, a legitimate noncommercial or fair use of a domain name without intent for commercial gain to misleadingly divert consumers or tarnish the trademark).  If the infringing party could not establish a good faith reason on why it purchased the similar domain name, the trademark owner was entitled to take ownership of the the similar domains names, as well as the right to obtain statutory damages and reasonable  legal fees.

If you are in need of Cybersqautting Attorneys please contact Bashian & Papantoniou for a free consultation.

09.19.2013 Blog, Corporate, Criminal Defense, Litigation No Comments

Compliance with Fire Code Regulations | Nassau County Fire Prevention Ordinance

All businesses, individuals and residents in Nassau County are required to comply with the Nassau County Fire Prevention Ordinance.  The Nassau County Fire Prevention Ordinance is enforced by the Nassau County Fire Marshal and individuals appointed by the Nassau County Fire Marshal to enforce the Nassau County Fire Prevention Ordinance (the “Nassau County Fire Code”).   

The Nassau County Fire Code establishes uniform regulations in conjunction with the recommendations of the Nassau County Fire Commission for the fire and life safety standards of Nassau County businesses, buildings, restaurants, residents and individuals.  The Nassau County Fire Code is also designed to implement the requirements for Nassau County fire detection and suppression systems, which include Fire Sprinkler Systems, Fire Alarm Systems, Fire and Smoke Detection Systems and Automatic Fire Extinguishing Systems.  The Nassau County Fire Code also sets forth the requirements for applications, fees, plans, inspection, testing and recognition of required life safety systems and equipment. 

As business owners, individuals and residents of Nassau County, it is required that you adhere to all provisions of the Nassau County Fire Code.  In fact, many times Nassau County business owners, individuals and residents are unfamiliar with the Nassau County Fire Code, and find themselves facing violations under the Nassau County Fire Code that carry substantial fines and/or potential criminal charges without the knowledge required to properly resolve such allegations.  

Many Nassau County business owners are also unaware that general rule for corporate representation is that corporations are “artificial entities” and must only appear in court through an attorney when confronting a Nassau County Fire Code violation.   Unfortunately, numerous Nassau County business owners are unaware of the requirement to appear by attorney until they are summoned to court and told to reappear on a future date with an attorney present.  Our team of Nassau County Fire Code Violations lawyers prides itself on representing the best interests of your Nassau County corporation, while allowing you to run your Nassau County business in an efficient manner.

At Bashian & Papantoniou, our Nassau County Fire Code Violations Attorneys can assist you in effectively resolving your Nassau County Fire Code violations by appealing such orders through the Nassau County Fire Marshal office or by appearing on your behalf in the Nassau County court assigned to hear and determine such Nassau County Fire Code violation.   In Nassau County, all Nassau County Fire Code violations are heard in Arraignment Room B of the District Court of Nassau County, at 99 Main Street, Hempstead, New York.   The Nassau County Fire Code Violations lawyers of Bashian & Papantoniou have a history of successfully representing business owners and restaurants charged with violations of the Nassau County Fire Code.

12.27.2012 Blog, Litigation No Comments

Class Certified in Medicaid Home-Care Services Reduction Case

The Southern District of New York certified a class for the class action suit against New York State’s Human Resources Administration based on the reduction of 24-hour home care services for people already receiving the service.  The class consists of, among others, current Medicaid recipients who are in the continuous 24-hour home care program and who have experienced threats of reduction or actual reduction of the home care service. The certified class claims the evaluation process for home care was used as “a policy and practice of arbitrarily and irrationally reducing or discontinuing Plaintiff’s…home care services.”

12.20.2012 Blog, Litigation, Personal Injury No Comments

Adderall Shortage Lawsuit | Adderall Shortage Attorneys

Adderall XR Shortage

Effected by the unavailability of generic Adderall XR due to the shortage?

Were you forced to purchase Adderall XR brand product because drug manufacturers failed to manufacturer generic versions of the drug?

Have you paid inflated prices for the Adderall XR brand product and deprived of the benefits from less expensive generic versions of the medicine?

Do you suffer from Attention Deficit Hyperactivity Disorder (“ADHD”)?

Have you been unable to fill your generic Adderall XR prescription due to its unavailability?

Are you considering an Adderall shortage lawsuit?

Shire LLC and Shire U.S., Inc. (“Shire”) are pharmaceutical drug manufacturers that are alleged to have unlawfully excluded, impeded and restrained competition for a certain generic mixture of amphetamine salts that are sold as Adderall XR, which are commonly used in treating ADHD.   It is being claimed that Shire monopolized the market for Adderall XR  by falsely promising to provide generic manufacturers with the active pharmaceutical ingredients of Adderall XR  for purposes of inducing the settlement of patent litigation and enabling them to sell competing Adderall XR  products, while continuing to receive a royalty on such sales.   

As of late 2010, it has been published that Shire deliberately defaulted on such agreements for the anti-competitive purpose of impeding generic rivals so that users of the medication would be forced to purchase the Adderall XR brand product at inflated prices.   Thereby keeping cheaper generic versions of Adderall XR out of the market, decreasing competition and resulting in drastic increased in the price of prescription Adderall XR.  It has been reported that generic Adderall XR is in such short supply that users of the medication are unable to fill their prescriptions.  Many believe that an Adderall shortage lawsuit is impending.

The Adderall XR Shortage attorneys of Bashian & Papantoniou are currently investigating whether Shire has violated the laws by eliminating generic versions of Adderall XR from the marketplace. For more information or a free case evaluation on the Adderall shortage lawsuit, please contact our Adderall XR Shortage attorneys of Bashian & Papantoniou, P.C., by mail at 500 Old Country Road, Suite 302, Garden City, New York 11530 or by telephone at (516) 279-1554, or by email at, or visit our website at

07.05.2012 Blog, Family Law, Litigation No Comments

Katie Holmes Seeks Split from Tom Cruise Under New York Law

It appears a legal battle is waiting in the wings to determine the proper venue for the divorce suit between actors Katie Holmes and Tom Cruise, and custody over their daughter Suri.   According to New York state law, a couple must satisfy one of the following residency requirements to be divorced in New York:

  1. You or your spouse must have been living in New York State for a continuous period of at least two years immediately before the date you start your divorce action; OR
  2. You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one year immediately before the date you start the divorce action, and at least one of the following must also be true:
    1. Your marriage ceremony was performed in New York State; OR
    2. You lived in New York State with your spouse as married persons; OR
    3. You or your spouse must have been living in New York State for a continuous period of at least one year immediately before the date you start your divorce action and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce); OR
    4. You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce).

 Holmes is believed to have been renting an apartment in Manhattan just prior to her filing for divorce and also claims in her divorce papers that the former couple are residents of New York State.

05.22.2012 Blog, Litigation No Comments

Congratulations to the Massapequa High School Moot Court Team!

The Massapequa High School Mock Trial Team edged past Roslyn High School to win the Marcus G. Christ Championship Trophy in the New York State High School Mock Trial Tournament (“NYSHSMTT”).   The NYSHSMTT is the nation’s largest moot court competition for high schools and provides students with an opportunity to orally advocate their cases in the Nassau Supreme Court before New York judges and attorneys.  The competition hosts45 high schools, 500 students and more than 120 attorneys and judges.    New York trial attorney Erik M. Bashian credits the Nassau County Bar Association for doing a wonderful to coordinate the competition and create public awareness.

05.11.2012 Blog, Corporate, Litigation No Comments

A loan is usurious and unenforceable if it seeks recovery of annualized interest rate in excess of 16 % from individual borrowers

The New York General Obligations Law provides that the legal rate of interest charged on a loan is six (6) percent per annum unless a different rate of interest is fixed under section 14 (a) of the Banking Law.  Section 14 (a) of the New York Banking Law holds that the maximum rate of interest shall be sixteen (16) percent per year.  Therefore, it is black letter law that a loan agreement that charges an individual borrower with interest in excess of 16% is usurious, on its face, and may be unenforceable.   Please contact the New York trial attorneys at Bashian & Papantoniou for a consultation, if you have been sued under a loan agreement that seeks annualized interest at a rate in excess of 16%.

05.10.2012 Blog, Corporate, Litigation No Comments

Lenders that seek to recover compound monthly interest on loans for less than $250,000 are unenforceable and void

New York statutory law limits a lender’s ability to collect compound interest on any loan for $250,000 or less.  Indeed, “compound interest” is commonly defined as interest on interest or interest that is paid on both the principal and the previously accumulated interest.  “Compound interest” contrasts with “simple interest,” which is “paid on the principal only and not on accumulated interest” in that simple interest does not merge with principal and thus does not become part of the base for the computation of future interest.  A promise to pay “interest upon interest” is void if made at a time before simple interest has accrued.  In 1989, the legislature enacted the relevant statute, as a mean of public policy to prevent creditors from silently permitting debts to progressively mount at the expense of debtors who, often unaware of the consequences of such agreement, tend to confuse forbearance with indulgence.  Please contact the New York trial attorneys at Bashian & Papantoniou for a consultation, if you have been sued under a loan agreement that seeks monthly compound interest on a loan for less than $250,000.

05.09.2012 Blog, Litigation No Comments

How to Resolve Attorney-Client Fee Disputes in New York

The New York Supreme Court in Emery Celli Brinckerhoff & Adaby v. Rose, Index No. 103871/10, recently ruled that the “account stated rule” makes a client liable for the outstanding balance on a legal invoice.  The court reasoned that when a client pays part of a bill, such client is generally deemed to have accepted the entire billing as valid.   The court also noted that the invoices, which were challenged by the client detailed the outstanding bills and were not rebutted as to why or how they were excessive.   In New York State, the Court  
System has established a Statewide Fee Dispute Resolution Program (“FDRP”) to resolve attorney-client disputes over legal fees through arbitration and sometimes even mediation.  Generally, an attorney may not sue a client in court over a fee dispute unless he or she first provided the client with notice of the right to utilize the FDRP.  Once the client has received this notice, he or she has 30 days to decide whether to use the FDRP. If the client doesn’t choose to participate in the FDRP within 30 days, the attorney is free to pursue the matter in court.   Read more to learn about your rights here: and contact the attorneys at Bashian & Papantoniou, PC, to resolve your attorney fee disputes.

04.10.2012 Blog, Entertainment, Litigation No Comments

Erik Bashian, head of the Litigation Department of Bashian & Papantoniou, discusses the “lost” Green Jacket of ’59 Masters Champion Art Wall Jr. with The Star-Ledger

In 1959, Art Wall Jr. obtained his most notable career victory by winning the Masters Tournament and being awarded his first and only green jacket.  A few years later, the Wall family claims the treasured green jacket that Wall wore as an Augusta champion disappeared from his family’s’ home and was not discovered until two weeks ago when it was put up for auction on a the golf memorabilia website

This week, Erik Bashian, an attorney and head of the Litigation Department for Bashian & Papantoniou, discussed Walls’ rights to the jacket in an article with The Star-Ledger.

Bashian, likened the facts of Wall’s lost jacket to those in the 1991 New York Court of Appeals case Solomon R. Guggenheim Foundation v. Lubell, where the court ruled that because many other difficulties exist for a rightful owner in locating and recovering artwork that may have been lost or stolen, such owner should not also have to bear the additional burden in demonstrating due diligence in tracking down the lost art.  He added that, “with a potential good-faith purchaser lined up to make a substantial purchase, there should be absolute certainty on their part as to how the jacket was acquired initially.”

 Under New York law, an action to recover damages for the unlawful taking of one’s property, such as sports memorabilia, must be commenced within three years, from the time the theft occurs.

However, a rightful owner’s replevin action for the return of such property against who may be an innocent purchaser does not accrue until the rightful owner demands the return of the stolen property from the possessor and such possessor refuses to return it.  As a matter of substantive law, the good-faith purchaser has not done any wrong until he/she refuses a demand for the return.   Although, in New York, an owner’s failure to exercise due diligence in locating a lost chattel has not been held to be a factor in determining the accrual of the statute of limitations, it may be relevant with respect to a trial court adjudicating the good faith purchaser’s equitable defense of laches. If you have a legal issue concerning sports memorabilia and would like to speak with one of the sports memorabilia attorneys at Bashian & Papantoniou, please contact us at (516) 279-1555 to schedule a consultation.

 At Bashian & Papantoniou, our sports memorabilia attorneys in Long Island and New York provide invaluable advice and guidance to buyers, sellers and auctioneers on various legal issues that may arise in connection with a sports memorabilia transaction.

 Read the Full Article Here