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IP News
Confusion Analysis in Fair Uses Cases Contested in Supreme Court
On Oct. 5, 2004, the Supreme Court heard arguments on the issue of whether an accused trademark infringer must demonstrate an absence of likelihood of confusion prior to asserting the defense of fair use or whether fair use is an absolute defense.
In KP Permanent Make-Up Inc. v. Lasting Impressions Inc., cert. granted 124 S. Ct. 981 (No. 03-409), both parties are competitors in the field of micropigmentation (also known as permanent makeup). Lasting owns a federal registration for the stylized formulation of the words “MICRO COLORS” and KP, who used “MICROCOLORS,” sued to have the mark declared generic. The district court held that the mark was generic and that KP's use was protected under the fair use doctrine. The Ninth Circuit reversed. See 328 F.3d 1061 (9th Cir. 2003). A full explanation of the facts and the holdings of the Ninth Circuit decision was presented in the April 2004 edition of the IP Strategist.
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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?