BLAW SUPPLEMENTAL READING

What is cybersquatting?

Cybersquatting is the bad-faith registration or use of a domain name that is identical or confusingly similar to another’s trademark, often to profit by selling the domain back, diverting traffic, or exploiting consumer confusion.

Legal remedies for cybersquatting

Trademark owners can combat cybersquatting through:
• ACPA — a federal lawsuit requiring bad-faith intent to profit, with remedies including damages and domain transfer
• UDRP — a faster, cheaper administrative process requiring proof of confusing similarity, lack of legitimate interest, and bad faith

Main takeaway — trademark protection & domain names

A domain name can function as a trademark, and trademark owners are not powerless online—the law provides effective tools (ACPA and UDRP) to stop cybersquatters and recover domains, even when the mark is unregistered but has established goodwill.

OPEN PRICE TERM

If a sales contract does not contain a specific price, a “reasonable price” is implied at the time of delivery. This is called an

OPEN PRICE TERM EXAMPLE

Example A contract may provide that a price is to be fixed by a market rate, such as a commodities market rate.

Example A contract may provide that a price will be set or recorded by a third person or an agency, such as a government agency. For example, the federal government sets minimum prices for some agricultural products.

OPEN PAYMENT TERM

If the parties to a sales contract do not agree on payment terms, payment is due at the time and place at which the buyer is to receive the goods. This is called an open payment term. If delivery is authorized and made by way of document of title, payment is due at the time and place at which the buyer is to receive the document of title, regardless of where the goods are to be received [UCC 2-310]

OPEN DELIVERY TERM

If the parties to a sales contract do not agree to the time, place, and manner of delivery of the

goods, the place for delivery is the seller’s place of business. If the seller does not have a place of business, delivery is to be made at the seller’s residence. This is called an open delivery term.

If identified goods are located at some other place, and both parties know of this fact at the time of contracting, that place is the place of delivery [UCC 2-308].

If goods are to be shipped but the shipper is not named, the seller is obligated to make the shipping arrangements. Such arrangements must be made in good faith and within limits of commercial reasonableness [UCC 2-311(2)]

OPEN TIME TERM

If the parties to a sales contract do not set a specific time of performance for any obligation under the contract, the contract must be performed within a reasonable time. If a sales contract provides for successive performance over an unspecified period of time, the contract is valid for a reasonable time [UCC 2-309].

OPEN ASSORTMENT TERM

If the assortment of goods to a sales contract is left open, the buyer is given the option of choosing those goods. The buyer must make the selection in good faith and within limits set by commercial reasonableness [UCC 2-311(2)].

No-arrival, no-sale contract

requires the seller to bear the expense and risk of loss of the goods during transportation. However, the seller is under no duty to deliver replacement goods to the buyer because there is no contractual stipulation that the goods will arrive at the appointed destination

Seller and Lessor’s Remedies

Goods in the possession of the seller or lessor

1. Withhold delivery of the goods

2. Resell or release the goods and recover the difference between the contract or lease price and the resale or release price

3. Sue for breach of contract and recover as damages the difference between the market price and the contract price

4. A lost volume seller can sue and recover lost profits

5. Cancel the contrac

Seller and Lessor’s Remedies

Goods in the possession of a common carrier or bailee

1. Stop goods in transit

-- Carload, truckload, planeload, or larger shipment if the buyer is solvent.

-- Any size shipment if the buyer is insolvent.

Seller and Lessor’s Remedies

Goods in the possession of the buyer or lessee

1. Sue to recover the purchase price or rent

2. Reclaim the goods

Buyer’s and Lessee’s Remedies

Seller or lessor refuses to deliver the goods or delivers nonconforming goods that the buyer or lessee does not want.

1. Reject nonconforming goods

2. Cover and recover damages

3. Sue for breach of contract and recover damages Cancel the contract

Buyer’s and Lessee’s Remedies

Seller or lessor tenders nonconforming goods, and the buyer or lessee accepts them.

1. Sue for ordinary damages

2. Deduct damages from the unpaid purchase or rent price

Buyer’s and Lessee’s Remedies

Seller or lessor refuses to deliver the goods, and the buyer or lessee wants them

1. Sue for specific performance

2. Replevy the goods Recover the goods from an insolvent seller or lessor

Straw purchasing resembles an:

undisclosed and illegal agency relationship, where the “agent” acts on behalf of a prohibited “principal,” but agency law provides no protection because illegal acts are outside the scope of authority.

How the Gig Economy Is Evolving (Dec 2024)

The gig economy has expanded beyond low-skill, task-based work (like Uber or Airbnb) into high-level professional roles, especially Fractional Executives. Companies now hire part-time C-suite leaders (e.g., Fractional CMO, CFO, CTO, CHRO) to provide strategic leadership without the cost or commitment of full-time executives. This model offers cost savings, flexibility, and access to diverse, top-tier expertise, and is especially useful during periods of innovation, growth, or change.