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Copyright Infringement/Res Judicata
The U.S. District Court for the Southern District of New York decided that res judicata barred a copyright-infringement suit by relatives of the late Cab Calloway over his grandson's sale of audio and video recordings of the famous jazz entertainer. Creative Arts by Calloway LLC v. Brooks, 05-CV-8638 RO. Calloway's grandson Christopher Brooks founded and performs with The Cab Calloway Orchestra. Creative Arts by Calloway had previously sued Brooks in 2001 for service-mark infringement and dilution, unfair competition and unfair-business practices. Both the district court and U.S. Court of Appeals for the Second Circuit sided with Brooks.
In the current case, the district court noted that the central issue was 'whether the claims asserted here 'were, or could have been, raised in the prior action' ' During discovery in the Prior Action, plaintiff's counsel received a letter dated March 26, 2001 explicitly referencing a CD and a videotape of defendant's music. Plaintiff concedes receiving this letter. I find that this letter was enough to put plaintiff on notice that defendant was making audio and video recordings of 'his act' and the resulting sales could have been discovered with due diligence.'
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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 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.