Columns & Departments
Movers & Shakers
Who's doing what; who's going where.
Second Circuit Sends <i>Ghost Rider</i> Copyright Back to District Court
A dismissed lawsuit over the rights to the <i>Ghost Rider</i> comic book character has been revived and sent back for trial. The U.S. Court of Appeals for the Second Circuit decided that Gary Friedrich, who claimed he created the flaming-skull motorcycle superhero, will get a chance to challenge Marvel Comics' claim that the character was the result of a collaborative process within Marvel.
Features
From the IFA's Legal Symposium
In the last several years, private investment groups and wealthy, experienced business owners have showed increased interest in purchasing franchisees. At the same time, food and retail franchisors have moved more deeply into developing units at nontraditional locations. These twin developments have been, for the most part, highly positive for the franchising industry. However, both trends have raised one major challenge for franchisors: negotiating contract terms that deviate from their standard FDD.
Features
What's New In the Law
Finance Companies' Rights to Collect <br>True Lease vs. Security Interest: In General<br>Lessors' Damages: Measures and Entitlement<br>Vendor Issues<br>End-of-Term Lease Provisions<br>Forum Selection, Jurisdiction and Choice of Law<br>Assignments of Leases
Joinder Issues in BitTorrent Copyright Litigation
Over the past several years, there has been a national flurry of civil actions brought primarily by pornographic filmmakers alleging copyright infringement by individual file-sharers using the BitTorrent computer protocol.Typically, the copyright holders allege that users illegally downloaded, reproduced and distributed at least a portion of the film at issue using BitTorrent, a peer-to-peer protocol that allows users to transfer large files on the Internet.
Features
<i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>
In <i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>, the Federal Circuit held that the functional claim language of "spaced relationship" was definite in view of the inherent parameters of the claimed apparatus, notwithstanding the lack of any specific quantification of exactly how wide the spacing should be.
Features
Interoperability Exemptions Under The DMCA
The DMCA prohibits the circumvention of digital rights management technologies and other similar content access or copy restrictions on copyrighted works. As such, it has long been understood that the circumvention of computer programs to enable interoperability of non-approved software applications ' a practice commonly referred to as "jailbreaking" ' was forbidden under the DMCA.
Features
Taming the Beast
Corporate law departments acknowledge the need to manage and control the unabated and explosive growth of digital information, yet understand that the traditional approach will not work. Compounding the problem are regulatory and privacy issues.
Facing Multilingual Litigation in e-Commerce
International borders are no longer a barrier in e-commerce business. Enterprises often have multinational corporate parents, subsidiaries, suppliers and customers. Even smaller companies can develop e-commerce websites and reach out to prospects in all corners of the world.
Features
Equipment Rentals in Bankruptcy: Allocation Issues Arising from Post-Petition Payments
Courts frequently wrestle with how to apply post-petition payments for rental proceeds deriving from lenders' pre-petition collateral. The issue arises principally in single asset real estate cases, because generally post-petition proceeds of the debtor are the rents attributable to the lender's collateral.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Article 8 Opt InThe 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.Read More ›
- 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.Read More ›
- 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.Read More ›
- Removing Restrictive Covenants In New YorkIn 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?Read More ›
- The Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›