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Everyone wants to be a zealous advocate in protecting clients, to push for the maximum remedies available. But at this moment in COVID-19 time, some perspective is in order. For example, if your case involved stopping the sale of counterfeit unicorn products on the Internet, sorry, that wouldn't be an emergency.
That was the message from U.S. District Judge Steven C. Seeger, who was a partner at Kirkland & Ellis before he was confirmed to a seat in the U.S. District Court for the Northern District of Illinois in September. Recently in a trademark infringement case, Seeger penned a withering decision denying a request for a temporary restraining order that was filed by Michael A. Hierl, a partner at Hughes Socol Piers Resnick & Dym in Chicago. Art Ask Agency v. Individuals, 20-cv-1666.
Hierl, who did not respond to a request for comment, represents Art Ask Agency, the exclusive licensee for the fantasy art of British artist Anne Stokes, who is popular among the Dungeons and Dragons crowd. Hierl had asked the Illinois federal court for an emergency TRO, ex parte asset freeze and expedited discovery involving a slew of third parties including Amazon, Visa, PayPal, Western Union, Facebook and Google.
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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.
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