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Court Watch
CA Federal Court Seeks to Clarify eBay's Application of the Presumption of
Irreparable Harm
A California federal district court recently declined to apply a presumption of irreparable harm when it granted a franchisor's motion for a preliminary injunction on the franchisor's trademark infringement claim. 7-Eleven, Inc. v. Dhaliwal, No. 12-CV-02276-KJM-GGH, 2012 WL 5880462 (E.D. Cal. Nov. 20, 2012). The district court's conscious decision not to apply the presumption marks a step in the Ninth Circuit in clarifying whether the U.S. Supreme Court's determination in eBay Inc. v. MercExchange, LLC, 547 U.S. 388, 394 (2006), holding courts should not presume irreparable harm in patent infringement cases, applies also to trademark infringement claims. The 7-Eleven decision is important because its interpretation of the applicability of the eBay decision to trademark and copyright infringement actions is, and will continue to be, a recurring issue before courts nationwide.
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.
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.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."