Features
Recourse Strategies In the New Age of .XXX Domain Names
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.
Features
Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs
To complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions ' and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.
Features
Leveraging the Seventh Circuit eDiscovery Principles to Contain Litigation Costs
ESI discovery disputes have become protracted for one common reason: The parties do not sufficiently prepare for ESI discovery. Enter the Seventh Circuit Electronic Discovery Pilot Program.
Features
Japan and International Child Abduction
Last year, Japan finally announced its intention to sign the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Unfortunately, its reputation as a black hole of parental child abduction might not be lost so easily.
Features
Four Rules for Tax-Exempt Organizations
The use of volunteers and interns by nonprofits comes with legal risks, which may be reduced by following four basic rules. This article discusses both federal and California state law.
Features
Leases and Licenses Grow Increasingly Indistinguishable
Lately, it has become fashionable for some property owners to call their standard occupancy agreements licenses rather than leases. Does it matter?
Features
Bankruptcy Preferences: They Haven't Gone Away
A recent case, <i>O&G Leasing, LLC v. First Security Bank</i> provides a timely reminder to lenders that the power to avoid preferences remains a potent and oft-used weapon in the trustee's arsenal.
Features
What Is Left of <i>Caveat Emptor</i>?
New York courts continue to hold that <i>caveat emptor</i> ' let the buyer beware ' represents the general rule applicable to real property transactions. Two recent appellate cases, however, illustrate continuing uncertainty about the remaining scope of the <i>caveat emptor</i> doctrine, while Real Property Law sections 462 and 465 limit the doctrine's significance in many residential transactions.
Features
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
The Ninth Circuit has now concluded that the ACPA does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
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