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News Briefs
Glass Doctor Wins Trademark Claim in Virginia
Franchisor Glass Doctor won a ruling to uphold its trademarked name when the U.S. Court of Appeals for the Fourth Circuit upheld a January 2005 ruling in the U.S. District Court for the Eastern District of Virginia, Norfolk Division, against Judy Fine Korman, who had used that name in marketing her windshield replacement business. Korman, who operates in the Virginia Beach, VA, area, was also ordered by the lower court to pay four years of profits to Glass Doctor, although the appeals court has suspended the payment while asking the lower court to clarify its reasoning for the level of monetary damages.
The case is Synergistic International v. Korman et al., (No 05-2295, U.S. Dist. Ct. Eastern District of Virginia, Norfolk).
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?