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The Hidden Liability Within Hidden Text: Internet Metatags
Metatags are terms written in hypertext mark-up language code within a Web site, intended to describe the site's contents. Using another's trademark in one's metatag may cause initial interest confusion and in some cases, trademark violation, as the 7th U.S. Circuit Court of Appeals held in a case involving Equitrac Corp.'s use of another company's trademark in metatags on its Web site.Cisco lawsuit against Apple over iPhone naming rights could get ugly
SAN FRANCISCO AP - What's a name worthTo find out, Cisco Systems Inc. and Apple Inc. may spend millions of dollars in a high-stakes legal battle - and the winner could walk away with the rights to the coveted name "iPhone."In a lawsuit filed Wednesday, Cisco asked a judge to forbid Apple from using the name "iPhone," a Cisco trademark since 2000.Constructive Knowledge Not Enough for Tortious Interference
In Anesthesia Services P.A. v. Anesthesia Advantage P.C., 2013 Del. Super. LEXIS 258 (Del. Super. Ct. June 27, 2013), Delaware Superior Court Judge Jane Brady determined that Delaware courts will not recognize a claim for tortious interference with existing or prospective contractual relations if the plaintiff does not establish actual or specific knowledge on the part of the alleged tortfeasor. The Superior Court refused to follow other jurisdictions' practice of allowing plaintiffs to meet the element of knowledge by establishing constructive knowledge through industry standards or by imposing a duty of inquiry on the defendant. The court further held that to establish the element of knowledge in a tortious interference with a contract claim involving restrictive covenants, the plaintiff must prove that the defendant knew of the contract generally and knew of the particular covenant as well.A Buyer's Guide to Law Firm Software
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