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NEWS BRIEFS
Media Arts Franchisees Making Little Headway in Lawsuits
Media Arts, Inc., is successfully fending off lawsuits filed by several of its dealers because the company allegedly flooded the market with low-cost reproductions of paintings that were supposed to be the exclusive domain of its retail-dealer franchise network. Media Arts is the marketing arm for the works of painter Thomas Kinkade, a producer of popular, affordable artwork.
Norman Yatooma & Associates PC (Birmingham, MI) has filed lawsuits in Wayne County Circuit Court on behalf of three Michigan dealers against Media Arts and is seeking class action certification. 'Jim Cote, the elected chairman of the Media Arts Signature Dealers Council is the named plaintiff in the class action lawsuit. He is the elected chairman of the dealers nationwide but was removed from his position by Media Arts when he filed a lawsuit,' said Norman Yatooma. 'I think that what he does will influence many of the other dealers across the country.'
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.
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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?