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The primary goal of a lawyer who sends a cease-and-desist letter typically is to warn the recipient to stop engaging in activities the sender claims violate the lawyer's clients' rights or, failing to cease, be served with a lawsuit. If litigation occurs, cease-and-desist letters can play a significant role in the lawsuit proceeding, from whether there is an "actual case or controversy" to whether the court has personal jurisdiction over the parties.
This article examines two recent entertainment-industry cases that illustrate how judges have decided these cease-and-desist letters issues.
In Take-Two Interactive Software Inc. v. Sims, 20-cv-04441, Take-Two and its subsidiary 2K Games released the virtual-basketball video game NBA 2K19. The game allows players to engage in celebratory virtual dancing, including the "Soul Jah Boi" dance, when scoring points.
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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.
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 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.
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?