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Court Watch
Unauthorized Use of Registered Mark
In Choice Hotels Int'l, Inc. v. Zeal, LLC, No. 4:13-cv-1961 (Sept. 19, 2015) (D.S.C. Sept. 29, 2015), the U.S. District Court for South Carolina granted summary judgment relating to the unpermitted use of the ECONO LODGE mark, as well as use of the ECONO STUDIOS INN & SUITES name, by the successors-in-interest of a former Econo Lodge franchisee.
The plaintiff, franchisor Choice Hotels International, Inc., is the owner of a family of ECONO LODGE trademarks that are both used and registered in connection with its lodging franchise. The defendants were owners of a hotel in Myrtle Beach that was previously owned by a former franchisee of Choice Hotels. Although the former franchisee had operated an ECONO LODGE INN & SUITES hotel, its agreement was terminated before the defendants acquired the hotel. Nonetheless, the defendants continued to operate the hotel as an ECONO LODGE INN & SUITES for some time before changing the name to ECONO STUDIOS INN & SUITES.
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?