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Are your secured transactions secure?

Sweeping changes in Article 9 of the Uniform Commercial Code - the article governing the creation and perfection of security interests in personal property - become effective in Washington and virtually every other state on July 1, 2001. Whether you are granting a security interest, or being granted a security interest as a creditor, the manner in which you do so may be changing. Security interests granted under the prior version of Article 9 may or may not survive for their expected life-span after the conversion date.

An understanding of the new Article 9 is essential in order to make sure that current security interests do not unnecessarily lapse, and also to confirm that new security interests are appropriately created. The attorneys in our business and real estate practice area can walk you through the changes. Contact Gabriel S. Rosenthal.

Is a cybersquatter using your trademark?

A phenomenon of the e-commerce boom is the "cybersquatter." You may have heard of a case where a well-known international business was unable to publish a web site using its trademarked corporate name or product name because someone else has already registered that domain name. This can happen to any business or individual and can be a significant problem.

Sometimes the prior registration reflects a valid business use of that name by a company that was simply quicker off the mark in registering a domain name. But sometimes the prior registration is done solely so that the owner of the registration can demand a high price to transfer the domain name to the owner of the trademark. This second situation is known as "cybersquatting."

In November 1999 the Anticybersquatting Consumer Protection Act was enacted, giving trademark owners new weapons against cybersquatters who register their trademarks as internet domain names with a bad faith intent to profit from doing so.

Whether or not your situation involves cybersquatting, we can assist you with your domain name issues. Contact Robert Van Cleve.

Is your web site safe from inadvertent copyright infringement?

Did you know that the operator of a web site that allows users to post material - articles, excerpts from published works, photos of art, copies of music files - may be liable in the event that posted material violates someone else's copyright?

However, the Digital Millennium Copyright Act, signed into law in October, 1999, provides a mechanism for web site content providers to protect themselves from money-damages claims when they innocently infringe on the copyrights of others by allowing third parties to post copyrighted material to their site without proper permission.

If you'd like to know more about this protection mechanism or about any issue involving copyrights and the web, contact Robert Van Cleve.

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