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Lanham Act Injunction Against Former Commodores Member Enforceable Outside the United States
The U.S. Court of Appeals for the Eleventh Circuit affirmed a preliminary injunction barring former Commodores music group member Thomas McClary from billing his current group as “The Commodores” for live performances. Commodores Entertainment Corp. (CEC) v. McClary, 14-14883. McClary left The Commodores in 1984 but was touring as “The Commodores Featuring Thomas McClary.” The U.S. District Court for the Middle District of Florida, granted the preliminary injunction to Commodores Entertainment on CEC's trademark infringement claim under the federal Lanham Act by finding that the remaining members of the original group “maintained quality or control over the [m]arks.” In its affirmance, the Eleventh Circuit also decided the injunction was enforceable outside the United States because: “McClary's booking agent operates from the United States; the customer confusion was not limited to the United Kingdom and Switzerland (where McClary booked performance dates) but was also present in the United States; the marks are not registered in a foreign country; and use of the marks extraterritorially will have an effect on CEC, a United States corporation.”
Universal Pictures London-Based Affiliates Not Subject to Personal Jurisdiction in Missouri in Litigation over Distribution Deal
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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.
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?
"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.