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What Protection Do Foreign Firms' Trademarks Have In The United States?
What happens when two businesses, one an insurance broker on the Canadian side of Niagara Falls and the other a bank holding company on the American side, begin using similar domain names and trademarks that result in thousands of misdirected e-mails?
Due to the increasing integration of the global economy and the Internet's pervasive effect on modern-day trademark law, the aggrieved parties have at least three different legal bodies from which to seek relief:
- The Internet Corporation for Assigned Names and Numbers (ICANN);
- A U.S. court; or
- The Trademark Trial and Appeal Board (TTAB), an administrative body established by the United States Patent and Trademark Office (USPTO) to adjudicate disputes regarding the right to obtain and maintain federal trademark registrations.
This article describes one party's choice of the TTAB, which is expected to decide the case in the coming months. As part of the TTAB's outreach efforts to the trademark bar, the Board occasionally hears actual oral arguments in pending cases – with the consent of parties to the actions. In this case, a hearing for final arguments was held at the New York City headquarters of the CLE group Practising Law Institute in February. Here's the gist of the arguments.
First Niagara Insurance Brokers Inc.
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.
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.
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.
Removing Restrictive Covenants In New York
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?