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Attorneys who sued “Despacito” artist Daddy Yankee for defamation should have heeded the song's title and drafted their settlement offer slowly, a federal appellate court ruled.
The Puerto Rican reggaeton star, his record company and manager will not have to pay about $900,000 in attorney fees and costs after losing the Miami case because opposing counsel's pretrial settlement offer was ambiguous, the U.S. Court of Appeals for the Eleventh Circuit ruled in an unpublished opinion. Five for Entertainment S.A. v. El Cartel Records Inc., 17-11491.
The case serves as a cautionary tale for attorneys drafting settlement offers in cases where circumstances might change based on pending motions before the court.
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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.
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.
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