Business Torts › Franchise Law › Intellectual Property

Enforcing Contractual Indemnity Litigation Against Chinese Companies

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

Trademark Essentials

Trademark Essentials, Registration, TEAS, Trademark infringement, incontestability....more

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...more

10 STEPS TO MAINTAIN YOUR TRADEMARK (SERVICE MARK) - REGISTERED or NOT

A TRADEMARK REGISTRATION CAN BE VALID INDEFINITELY PROVIDED THE FOLLOWING TEN (10) STEPS ARE TAKEN: 1 through 8: USE the mark (this cannot be emphasized enough); 9: ENFORCE exclusive rights to the mark; and 10: RENEW...more

The Importance of LLC Operating Agreements

If your business will be operating as a Limited Liability Company (LLC) then one of the most important business documents that you will create is an operating agreement....more

Case Study - Trade Dress Infringment

Companies can protect their overall style, products or packaging or "look and feel" from imitators under trade-dress, a less known but possibly a more powerful way to protect brand equity. If implemented and enforced...more

Bandag, Inc. v. Jack's Tire & Oil, Inc.

Plaintiff's Memorandum of Law in Support of Motion for Partial Summary Judgment

Prevailing Memo of Law in Support of Partial Summary Judgment regarding certain affirmative defenses raised by defendant....more