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Court Watch
Improper Registration Trips Up Franchisor in California
Franchisors that fail to properly register in California must concern themselves with more than just the risk of litigation with their franchisees. After a recent decision by the U.S. District Court for the Central District of California, they must also prepare for potential litigation with competitors alleging unfair competition. Edible Arrangements International, Inc. v. Notaris, (CCH) ' 13,487 (C.D. Cal. Oct. 19, 2006).
Edible Arrangements is a franchise business selling fresh, edible fruit arranged to resemble traditional floral bouquets. James and Amanda Notaris registered and began selling a similar franchise business in California called Fresh Fruit Bouquet Company. Edible Arrangements filed suit against the Notarises alleging unfair competition in offering an improperly registered franchise circular. Edible Arrangements claimed that the violation caused it irreparable harm by giving the defendants an unfair advantage in the franchise market and sought injunctive relief pursuant to the California Unfair Competition Law (the 'UCL'). The UCL's broad terms create a cause of action for unfair competition for 'any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or
misleading advertising.'
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.