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Court Watch
Carvel's Supermarket Sales Program Was Not Tortious Interference
Several Carvel franchisees sued Carvel Corporation in federal court, complaining of the distribution of Carvel's products through supermarkets that competed with the franchisees. Juries awarded damages to three franchisees on tort and contract claims, and Carvel appealed to the U.S. Court of Appeals for the Second Circuit. That court certified the question of whether the franchisees had a valid tort claim for “interference with prospective economic relations” to the New York Court of Appeals, which has held that they do not have such a claim. Carvel Corporation v. Elizabeth A. Noonan, et al., __ N.E.2d __, 2004 WL 2320368 (N.Y. Ct. App. 2004).
Until the early 1990s, when Carvel adopted a “supermarket program,” Carvel ice cream was distributed only through franchised stores. The program called for sales to supermarkets by Carvel itself and by those franchisees that chose to participate in the program. Most franchisees chose not to participate.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.