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Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts
Customized designer products (Customs) are popular resale items that are seemingly always on trend. Customs can be a fun and creative way to show enthusiasm for a product or brand and are often welcomed by fashion houses, which may even collaborate with creators to come up with unique designs. Collaborations such as that between the Italian luxury brand Gucci and Harlem-based fashion icon Dapper Dan have been lucrative and have allowed brands to reach consumers who may not have otherwise been exposed to the brand.
Fashion houses are more likely to object to Customs when nude women, satanic imagery or controversial statements appear on them. Recent litigation arising from Nike's fervent opposition to singer Lil' Nas X's "Satan Shoe," a customized Nike sneaker offered for resale, begs the question:
In what instances are fashion houses likely to oppose the resale or public display of customized products?
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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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
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.
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?