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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.
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?