Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
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?