Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Briefs
Trademark Infringement Claim Not Covered Under 'Advertising Injury' Provision
In Sport Supply Group, Inc. v. Columbia Cas. Co., 335 F.3d 453 (5th Cir. Tex. July 7, 2003), the U.S. Court of Appeals for the Fifth Circuit (applying Texas law) affirmed a district court's grant of summary judgment in favor of an insurer holding that allegations of trademark infringement were not covered under the provisions of the insurance policy relating to “advertising injury.” The court held that the claim of trademark infringement was excluded by the policy's exclusion for “advertising injury arising out of … breach of contract, other than misappropriation of advertising ideas under an implied contract.”
This suit arose after settlement of an underlying dispute between Sport Supply Inc. (“Sport Supply”) and MacMark Corp. (“MacMark”) over the interpretation of a licensing agreement that allowed Sport Supply to use MacMark's “Macgregor” trademark on certain sporting goods. Sport Supply brought a declaratory action in Texas state court seeking a declaration that it was not in breach of the licensing agreement. MacMark filed a counterclaim alleging breach of the licensing agreement by attempting to sell products bearing the “Macgregor” trademark on the Internet. After the declaratory action was settled, Sport Supply requested its insurer, Columbia Casualty Company, (“Columbia”) to pay a portion of the cost of defending MacMark's counterclaim of trademark infringement. Sport Supply filed suit against Columbia alleging that the insurer was required to reimburse Sport Supply for defense costs. Sport Supply also filed suit against RSKCo., the loss adjusting company, on various state law claims.
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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.