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TRO Bid in Arts Case Results in COVID-19 Rebuke from Judge
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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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?