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Many U.S. trademark attorneys were surprised in early January when the Supreme Court of the United States agreed to hear Iancu v. Brunetti. This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line. Brunetti is the second case before the Court in three years to consider the constitutionality of the federal ban on registering certain categories of trademarks under Section 1052(a) of the Lanham Act.
The Court's willingness to take this case is particularly of note after its June 2017 decision in Matal v. Tam, 137 S. Ct. 1744 (2017), in which it upheld the U.S. Court of Appeals for the Federal Circuit's 2014 holding that Section 1052(a)'s ban on the registration of “disparaging” marks violated the First Amendment of the U.S. Constitution's protection for free speech. The Tam case involved the registrability of the mark “THE SLANTS,” the name of an Asian-American rock band; a parallel case about the “REDSKINS” mark for the name of the Washington, DC professional football team received the lion's share of media coverage and public interest.
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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.
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.
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.
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.