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Bad Faith Not Necessary for Award of Attorneys' Fees for Willful Infringement
The Ninth Circuit held in Earthquake Sound Corp. v. Bumper Indus., 2003 U.S. App. LEXIS 25286 (9th Cir. 2003), that once there is a determination of willful trademark infringement, a separate determination of bad faith is not necessary in order to award attorneys' fees. The district court found that defendants' use of the term “Carquake” in connection with car stereos was a willful, deliberate and knowing infringement of plaintiff's trademarks “Bass-Quake” and “Quake,” and awarded attorneys' fees. On appeal, defendants argued that attorneys' fees could only be awarded in “exceptional” cases and that the district court did not consider evidence that the marks were used in good faith. The Ninth Circuit held that a court did not need to establish bad faith where there was sufficient evidence to establish willful infringement. “[Defendants'] claims of good faith are unavailing. The issue is not necessarily one of bad faith: willful or deliberate infringement will suffice.” The Ninth Circuit affirmed the district court's decision to award attorneys' fees.
Bill to Repeal Bar on Trademark Claims from Cuba
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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?