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Civil Procedure Franchise Intellectual Property

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Franchisors, Got Claims? Don't Let Them Spoil Like Bad Cheese

by Lewitt Hackman on

This is the tale of two restaurants, each facing trademark infringement claims under the Lanham Act brought by two, separate franchisors. The franchisees’ restaurants had three things in common: First, cheese is a key...more

THANKSGIVING EDITION [FROM THE ARCHIVES]: Court Protects Quizno’s Franchise Turkey Trade Secrets

This Thanksgiving, Trade Secrets Watch is serving a delicious tale about protecting trade secrets in a franchising relationship. In 1994, Quizno’s entered into a franchise agreement with Robert Kampendahl, an...more

New Tool to Protect Franchisors’ Trade Secrets

by LeClairRyan on

On May 11, 2016, President Obama signed into law the Defending Trade Secrets Act of 2016 (the Act). The Act amends the Economic Espionage Act of 1996 (EEA) to create a federal private right of action for the misappropriation...more

Franchisee Can’t Work Its Way Out of Trademark Infringement and Breach of Contract Litigation on Jurisdictional Grounds

An out-of-state franchisee sought to escape the reach of the Massachusetts District Court in a breach of contract and trademark infringement litigation filed by its Massachusetts-based franchisor. But, the parties quickly...more

Rulings Pose Obstacles to Franchisors Seeking to Stop Wrongful Trademark Use

by LeClairRyan on

A series of recent Circuit Court decisions has made it more difficult for a franchisor to enjoin a former franchisee from using the franchisor’s federally registered trademarks after the franchise agreement has been...more

Where’s the Beef? Virginia Circuit Court Allows Wendy’s to Claim Exception to Addback for Royalties Paid to Affiliate

by Reed Smith on

A new opportunity may exist for franchisors to claim an exception to Virginia’s royalty addback statute based on a recent Circuit Court decision. In Wendy's International Inc. v. Virginia Dep't of Taxation, decided March...more

Trademarks: 9th Circuit Identifies A New Set Of Four Factors For Adwords/Keyword-Advertising Disputes

by Douglas Lytle on

On March 8, 2011, the 9th Circuit issued its opinion in Network Automation v. Advanced Sys. Concepts, --- F.3d ---, 2011 WL 815806 (9thC ir. 2011), addressing whether Network’s keyword advertising through Bing and Google...more

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

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

by Matthew Kading on

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

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