Mark S Mulholland

April 26, 2002 | New York Law Journal

T he U.S. District Court in i.Lan Systems, Inc. v. Netscout Service Level Corp . 1 has held that a clickwrap license agreement is enforceable under principles drawn from Article 2 of the Uniform Commercial Code. The court`s adoption of a "Money Now, Terms Later" approach, and the absence of decision law in this critical area, makes the determination highly important for online software distributors. Long Island`s software-rich environment creates a greater than usual opportunity for local lawyers to partici

By Mark S. Mulholland

9 minute read

September 11, 1999 | Law.com

Two recent rulings by New York federal courts -- one involving an Italian mark and the other, a Japanese mark -- reaffirm the importance of the doctrine of foreign equivalents. This well-known rule demands that any analysis of foreign language marks be based on their accepted foreign usage. As international boundaries continue to weaken, especially in the age of cyberspace, the doctrine of foreign equivalents has acquired greater importance.

By Mark S. Mulholland

11 minute read