Combs Wines and Spirits LLC, a company owned by Sean “Diddy” Combs, has a long-standing business relationship with Diageo North America Inc. by which Diageo distributes Ciroc Vodka and DeLeon Tequila.
In May, Combs filed a complaint against Diageo in New York Supreme Court alleging that Diageo had failed to comply with its contractual obligation to treat the DeLeon brand equally to its other tequila brands due to racial animus.[1]
The complaint seeks an injunction requiring Diageo to comply with the agreement’s equal treatment provision requiring that Diageo treat the Diageo-Combs DeLeon tequila joint venture brand equal to the way Diageo …
It’s no secret that to be a successful attorney, you need to cultivate a steady stream of clients. It’s how to do this that often seems like a mystery. Even attorneys who have been successfully practicing for decades often cannot tell you exactly how they find their clients. I know because I asked them. They offered me a version of “If you build it, they will come” as a means of obtaining clients.
But it doesn’t exactly work that way. When I first opened my practice over a decade ago—after many years honing my skills in BigLaw—I rented an office, bought legal malpractice insurance, built a website and bought a phone number. I knew I had t…
According to the National Council of Nonprofits, there more than 1.4 million 501(c)(3) charitable nonprofits in the United States alone. This nonprofit sector is a vital part of our national and local infrastructure, providing important services and advocacy for a wide range of people in urban, suburban and rural areas. Often, the people who serve as officers and directors for non-profits do so because the mission of the non-profit aligns with their interests and concerns. These well-meaning board members may not be aware of the potential liability that attaches with service as an officer or director of a non-profit.
Because non-profits by…
On December 9, 2021, (in the lull before the Omicron Covid-19 spike) the firm held a small, in-person gathering to celebrate the holidays and a great year. It was a fun evening to celebrate with friends and clients of the firm. We enjoyed cocktails, appetizers, and good cheer. The firm hopes to host additional in-person events as we put the pandemic behind us!
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Sixty years after Andy Warhol first painted Campbell Soup cans, the question of “what is art?” is again being asked of one of his works. But this time the question is being asked in the highest court of the land rather than the court of public opinion. What an ironic twist.
The Supreme Court is being asked what is a transformative use that does not infringe another’s copyright, a question as close to deciding what art is as any court is likely to get. For if a work is merely a copy or derivative of what has been done before, how can it be art?
Under the law, if the work is a copy or derivative of a work that is protected under a federally …
Like Jason’s appearance at the end of Friday the 13th, the Second Circuit’s recent decision in Horror Inc. v. Miller, No. 18-3123-cv, 2021 U.S. App. LEXIS 29479 (2d Cir. Sept. 30, 2021) invokes new life into the Copyright Act’s termination provision. 17 U.S.C.S. §203. Although the statute became effective on Jan. 1, 1978, the prospective nature of its terms meant that it did not have practical applicability until relatively recently. Under certain conditions, §203 of the Copyright Act provides that the author of a work “other than a work made for hire” may terminate the grant of a transfer or license under any copyright executed on or afte…
Felicello Law PC is pleased to announce the settlement of an action brought by client Beaufort Capital Partners, LLC (Beaufort) against Franjose Yglesias. Mr. Yglesias is the President of Santo Mining Corp., which does business as Santo Blockchain Labs Corp. (OTC:SANP). Santo focuses on the development of blockchain smart digital contracts. The settlement resolves claims by Beaufort based on loans to Yglesias which were secured by preferred stock in Santo. Beaufort was represented by Felicello Law partner Michael James Maloney.
Felicello Law is a New York City-based boutique that handles complex business matters and disputes inv…
New York, New York, and Orange County, California
August 11, 2021
Felicello Law PC defeated a motion for summary judgment filed by Xcel Brands, Inc. (NASDAQ:XELB) in a long-running dispute over $1.2 million owed to its client Texmont Design Limited (Texmont). Texmont, a Hong Kong-based garment manufacturer, had initiated the litigation based on its allegations that it had agreed to produce garments bearing the ‘H Halston’ and ‘H by Halston’ labels in reliance on an agreement by Xcel to make good on all payments owed for the production of the garments. Texmont alleges that Xcel received over $1.5 million in revenue derived from sales of the…
