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Commercial Law

  • 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.

    February 01, 2012Erin S. Hennessy and Jennifer R. Ashton
  • 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.

    February 01, 2012Michael I. Rudell and Neil J. Rosini
  • 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.

    January 31, 2012MariaJos' Delgado and Lori K. Shemtob
  • 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.

    January 30, 2012Ofer Lion
  • A recent case, O&G Leasing, LLC v. First Security Bank provides a timely reminder to lenders that the power to avoid preferences remains a potent and oft-used weapon in the trustee's arsenal.

    January 27, 2012Alan M. Christenfeld and Barbara M. Goodstein
  • Recent rulings of importance.

    December 28, 2011ALM Staff | Law Journal Newsletters |
  • New York courts continue to hold that caveat emptor ' 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 caveat emptor doctrine, while Real Property Law sections 462 and 465 limit the doctrine's significance in many residential transactions.

    December 28, 2011Stewart E. Sterk
  • 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.

    December 27, 2011Judith L. Grubner