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e-Commerce Docket Sheet
Court Vacates Injunction Against Using Trade Name
A commercial party's frequent use of a competitor's trade name in its Web pages qualifies as a 'nominative fair use' if the references are not gratuitous and are used to convey information about the competitor. J.K. Harris & Co., LLC v. Kassel, No. 02-0400 (N.D. Cal. Mar. 28, 2003). The district court vacated a portion of an earlier ruling that preliminarily enjoined the defendant from 'using more of Plaintiff's trade name than is reasonably necessary to identify that it is Plaintiff's services being described.' The court modified its analysis to make clear that even frequent and obvious use of a competitor's name on a party's Web pages can be a fair use if done for a legitimate purpose such as criticism ' even if such use affects search engine results.
Use of Web Site “Scraping” Software Enjoined
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.