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News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

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Court Watch

Cynthia M. Klaus & Meredith A. Bauer

Highlights of the latest franchising cases from around the country.

Features

Is There a Chinese Import Nightmare Looming from Nonroad Equipment? Image

Is There a Chinese Import Nightmare Looming from Nonroad Equipment?

R. Paul Roecker

Small, spark-ignited nonroad engines from China are the latest imports that run afoul of U.S. standards, as many do not meet the requirements of the Clean Air Act.

Features

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Advance Conflict Waivers

Richard M. Zielinski

Let me try to explain the rules governing Advance Conflict Waivers by asking, and then answering, five questions.

Features

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Bit Parts

Stan Soocher

Copyright Infringement Claim Doesn't Extend to Foreign Release of Song<br>Record Label Denied Request to Block Use of Band Name in Live Performances<br>U.S. Court Lacks Jurisdiction to Decide Copyright Claim over European Distribution of Sheet Music

Features

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Cameo Clips

Stan Soocher

COPYRIGHT TRANSFER/RETAINED RIGHT TO SUE<br>PERSONA USE DISPUTE/MOTION TO INTERVENE<br>SONG INFRINGEMENT/FAIR USE DEFENSE

Features

Counsel Update in Destiny's Child Song Litigation Image

Counsel Update in Destiny's Child Song Litigation

Lynne Marek

Singer-actress-celebrity Beyonc' and her father-manager Mathew Knowles have parted ways ' at least in their choice of lawyers ' in defending a copyright case set for trial in Chicago.

Features

Administration Deal No Bar to Songs Grant from Artist Image

Administration Deal No Bar to Songs Grant from Artist

Stan Soocher

The U.S. District Court for the Middle District of Tennessee ruled that a music publisher's exclusive administration rights to songs by recording artist Lori McKenna didn't prevent Warner Bros. Records from getting the rights directly from McKenna for compositions on McKenna's Bittertown album.

Features

Current and Impending Virtual World IP Issues Image

Current and Impending Virtual World IP Issues

Jess M. Collen, Matthew C. Wagner & Oren Gelber

With popularity and subscribership rising, games like World of Warcraft, EverQuest, There and Second Life are big business. Growth has brought litigation. Indeed, some law firms have practice groups addressing this medium's issues.

Features

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Dirty Laundry Hanging Out On The Web

Shari Claire Lewis

Online objections to a corporation's products or services ' posted on "complaint" or "gripe" sites by former employees or consumers, or put elsewhere on the Web ' have a greater potential to be significantly more damaging to the target's operations than more traditional expressions of unhappiness.

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    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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    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.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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