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News Briefs
Jimmie John's Wins Copyright Infringement Lawsuit
Jimmy John's Franchise Inc. and Jimmy John's Enterprises, Inc. settled a copyright infringement and trade dress lawsuit against TM Foods of Avon, Inc., which operates House of Sandwich in Avon, IN. Jimmy John's will receive a payment of $50,000 from TM Foods, and TM Foods will destroy all of its past menus and menu boards, as well as ensure that all new menus will not include any additional sandwich that is the same or substantially the same as any sandwich that is on the menu at Jimmy John's.
In the lawsuit, filed in U.S. District Court for the Southern District of Indiana, Jimmy John's alleged that the House of Sandwich menu and menu boards infringed upon its copyrights. The lawsuit alleged that the overall selections of sandwiches, the arrangement of the sandwiches into categories or groupings, and the use of a unitary price for each category was the same as the copyrighted menus used by Jimmy John's Gourmet Sandwich Shops.
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.