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Court Watch
Preliminary Injunction Granted Against Former Franchisee's Trademark Use
The U.S. District Court for the Eastern District of Michigan has granted a preliminary injunction sought by American Dairy Queen, preventing a terminated franchisee from continuing to use American Dairy Queen's marks. Vander Vreken v. American Dairy Queen Corp. et al., 261 F.Supp.2d 821 (E.D. Mich. 2003).
After American Dairy Queen terminated Vander Vreken's franchise agreement for failure to comply with its quality and service standards, Vander Vreken sought and won a preliminary injunction in state court permitting it to continue to operate under American Dairy Queen's marks, but the U.S. District Court subsequently dissolved the injunction because it found that the stringent standard for entry of injunctive relief had not been met because neither party had established a strong likelihood of success on the merits. This ruling meant that American Dairy Queen had had the right to terminate the franchise agreement; nevertheless, Vander Vreken announced his intention to reopen the store following its winter closing, still bearing American Dairy Queen's trademarks, and the franchisor moved for a preliminary injunction preventing him from doing so.
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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?
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.