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High Court Rulings On Spider-Man Toy, Rap Lyrics
In one of two recent U.S. Supreme Court rulings in cases the entertainment industry has followed, the High Court decided that the inventor of a Spider-Man web-shooting device cannot extend his reach for royalties beyond the expiration of his patent. Kimble v. Marvel Enterprises, 13- 720. Justice Elena Kagan, writing for the court majority, invoked the 1964 ruling Brulotte v. Thys, 379 U.S. 29 (1964), holding that a patentee may not continue to receive royalties beyond the ending date of the patent.
Kimble v. Marvel
Stephen Kimble had obtained a patent in 1991 for a toy allowing users to shoot foam “string” from a glove ' just as Spider-Man would. Kimble met with Marvel and reached an agreement that if Marvel used his concept in a product, he would be compensated. Marvel later told Kimble that it was not interested, but then created a “Web Blaster” toy with similar attributes.
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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.
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?