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Internet Expands Trademark Infringement
While it's true that as an information conduit, the Internet reduces the likelihood of confusion by allowing the buyer to approach an online purchase with more sophistication, the technology also bolsters the likelihood of confusion among consumers using the Internet by allowing new, unlawful uses of trademarks. Also, the traditional use of a mark on the Internet (to identify the source of goods) is likely to amplify certain trademark characteristics, including:
- The strength of a mark;
- The proximity of the products or services to a geographical location; and
- Actual confusion.
Trademark Particulars
Trademarks connect a name or symbol with a good or service. They benefit owners by allowing them to profit from the goodwill associated with the mark. On the other side of the potential or actual transaction, trademarks benefit consumers by memorializing a level of quality. U.S. trademark law is designed to prevent confusion in the marketplace and is enforced by preventing fraud through deception.
The elements necessary to prove trademark infringement are well established under federal and state case law. These elements apply to Internet and traditional trademark infringement. A plaintiff in a trademark-infringement matter has the burden of proving that the defendant's use of a mark has created a likelihood of confusion about the origin of the defendant's goods or services. This proof is achieved by the plaintiff first showing that it has developed a trademark right worthy of protection, and then showing that the defendant is using a confusingly similar mark in such a way that it creates a likelihood of confusion, mistake or deception ' or a combination of these misapplications ' among the consuming public.
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?