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News Briefs
Best Western Wins Trademark Litigation Against U.S. Franchise Systems
Best Western International, which bills itself as “the world's largest hotel chain,” announced that U.S. Franchise Systems (USFS) will abandon the names Best Inn and Best Suites for its franchisees, in exchange for Best Western ending litigation for trademark infringement and unfair competition. In total, USFS will have to change the names on about 110 of its 500 motels under the “Best” brands (the remainder operate under the brands Hawthorne Suites and Microtel Inns and Suites). Best Western filed suit in April 2001.
“We cannot allow the Best Western brand to be confused with another entity's brand,” said Best Western President Tom Higgins in a press statement issued by the company. “By pursuing a settlement, both parties were able to achieve an equitable solution without investing the time and money required for complicated litigation.”
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.