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COURT WATCH
Franchisees' Link to Pornographic Site Not Grounds for Termination
The U.S. District Court for the Northern District of Florida has granted a motion for summary judgment brought by two franchisees against their franchisor's claim that they committed breach of contract because their Web site linked to a site with hardcore pornography and gambling materials. The court also refused to enjoin the franchisees from using the franchisor's marks. Voice-Tel Enterprises, Inc. v. Joba, Inc., F.Supp. 2d, CCH Bus. Fran. Guide Par. 12,564 (N.D.Ga. 2003).
Voice-Tel, a messaging service franchisor, began the action by seeking a declaratory judgment that it was entitled to terminate the franchisees' franchise agreements and equitable relief to enjoin the franchisees from using the Voice-Tel marks. The parties subsequently added many other claims and counterclaims, but this summary will be limited to the rulings concerning the franchisees' Web site.
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.
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.
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.
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?
The Benefits of Blockchain for e-Discovery and Data Preservation
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.