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Case Briefs
Internet Domain-Name Suit Is Covered Advertising Injury
Finding that the registration and use of Web domain names to direct Internet users to sites advertising goods and services fell within the “course of advertising,” the U.S. Court of Appeals for the Fourth Circuit recently held that an insurer providing advertising-injury coverage was obligated to defend its insured against a suit claiming trademark infringement. State Automobile Property & Casualty Ins. Co. v. Travelers Indem. Co., ___ F.3d ___, No. 02-2069 (4th Cir., September 4, 2003).
The insured, Nissan Computer Corporation (“Nissan-Computer”), registered the Internet domain names “www.nissan.com” and “ www. nissan.net” and created Web sites located at those Internet addresses that contained advertisements for various goods and services, including those of automobile companies and Nissan-Computer's own computer-related products and services. The Web sites also bore a logo allegedly similar in appearance to the trademarked logo of Nissan-Motor Company (“ Nissan-Motor”), an automobile manufacturer. Nissan-Motor initiated a lawsuit against Nissan-Computer claiming damages from the use of the domain names and logo in advertising these products and services.
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?