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Are Affiliates Liable for Monetary Relief When They Are Not Named Parties to a Case?
The U.S. Supreme Court's decision to review a $43 million trademark infringement award in the case of Dewberry Group Inc. v. Dewberry Engineers Inc. has sparked significant interest and debate within the legal community. This case, which centers on the interpretation of "principles of equity" under the Lanham Act, has potential ramifications that extend far beyond the realm of trademark law.
Background
The conflict between Dewberry Group and Dewberry Engineers dates to 2006 when Dewberry Capital Corp. (now Dewberry Group) sent a cease-and-desist letter to Dewberry Engineers over the use of the "Dewberry" name. Dewberry Engineers, which had been operating under the Dewberry trademarks since the 1950s, sued Dewberry Capital. The parties reached a settlement in 2007, which included specific terms regarding the use of the Dewberry name and logo in overlapping markets.
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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.
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?