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While the Anticybersquatting Consumer Protection Act, 15 U.S.C.S. '1051, adequately addresses the legal difficulties associated with bad faith registration of trademarked names by non-trademark holders, e-exploitation of trademarks is still a problem for trademark holders.
Unlawful e-exploitation of trademarks arises in a number of ways outside of cybersquatting from the use of the Internet to infringe and dilute traditional trademarks.
In the case of unlawful e-exploitation of trademarks, as it is in the case of traditional unlawful trademark exploitation, the threshold question is whether there is a likelihood of confusion and whether there is dilution. Unfortunately, these questions are difficult to answer simply by applying traditional trademark doctrines.
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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.
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.
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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?