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Franchising in Russia
In Part One, last month, we discussed the fact that while international franchising always brings a host of issues and complications, importation of franchise concepts into Russia highlights some critical issues and some lessons for international franchising in a broader context. We also noted that this article is not intended to be a summary of Russian law and practice, but rather something of a case study of how franchising in Russia highlights important issues for international franchising. The discussion concludes herein.
Registered Trademarks And Chain of Title
One of the most important issues in international franchising with Russian franchisees is the requirement that the licensed trademark or trademarks are properly registered in Russia. Russian rules and practice require that a Trademark License Agreement or Commercial Concession Agreement must clearly identify the registered trademarks subject to the license. Only those trademarks that are registered in Russia or extended to Russia through the Madrid System are recognized. Applications, marks registered in foreign jurisdictions and unregistered marks cannot be licensed and if listed in the agreement, Rospatent will decline registration of the entire agreement.
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.
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?
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.