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Fighting Internet Pirates: Remedies Available for Domain Name Disputes
As franchisors begin to rely more heavily on the Internet for conducting business, whether for advertising purposes, for providing online services to customers and franchisees, or for engaging in e-commerce, more franchisors will inevitably become victims of the modern-day type of piracy known as cyberpiracy or cybersquatting – the act of registering a domain name that is identical or confusingly similar to the trademark of another for commercial gain.
Cybersquatting can take on a number of different forms, all of which have dire consequences for franchisors and franchisees. For example, a cybersquatter may monitor a franchisor's domain name for the purpose of snatching it up the very moment the franchisor mistakenly allows the domain name to expire, with the intent to blackmail the franchisor into paying the cybersquatter several thousand dollars in order to transfer the domain name back into the franchisor's name. Alternatively, a cybersquatter may register a domain name that is a common misspelling of, or is otherwise confusingly similar to, a franchisor's trademark or trade name with the intent of attracting and misdirecting unsuspecting Internet users to the cybersquatter's competing Web site.
Thus, franchisors having an Internet presence should be aware of the alternatives available when finding themselves having to deal with a cybersquatter. Originally, the franchisor's only legal recourse was traditional trademark infringement litigation. But this is not particularly well suited for domain name disputes and can be a very costly and lengthy process, often taking a year or more to litigate. Today, there are two other procedures that have been specifically implemented to redress cybersquatting, namely, the Uniform Domain Name Dispute Resolution Policy (UDRP), developed by the Internet Corporation for Assigned Names and Numbers (ICANN), and the Anticybersquatting Consumer Protection Act (ACPA).
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?