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What You Need to Protect Your Brand In A New gTLD World
For nearly a decade the organization that runs the main root zone of the Internet, the International Corporation for Assigned Names and Numbers (ICANN), has been working on a plan to expand the Internet. (See my article in the July 2013 issue of Internet Law & Strategy, “The Great Internet Land Rush.”) That process is underway right now, and the expansion will be taking place in just a few months as a slew of top level domains like .nyc, .apple, .citi, .green, .apple, .app, .llc, .club and hundreds more will be going live in the next few months.
In order to deal with this expanding Internet, brand owners need to understand how to use a variety of tools to handle the different brand protection and legal challenges that will be presented. For brand owners looking at the New gTLD space, formulating a trademark protection strategy should be viewed as an important tool on an entire tool belt of protection strategies that together can be used as a comprehensive plan.
Protection for Trademark Holders
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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.