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Doing Business in Canada: Language Requirements

FEDERAL LAWS - English and French are the official languages of Canada. The Constitution of Canada and the Official Languages Act guarantee that English and French have equality status and equal rights and privileges...more

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

Rainbow International Seeks Restoration Of Exclusive Use Of Its Marks

On April 9, 2014, Rainbow International LLC ("Rainbow International"), of Waco, Texas, filed a complaint in the Middle District of Georgia against Brian Whitley, Patricia Whitley, and Quick Whits, Inc. d/b/a "Rainbow...more

Padgett Business Services Goes After Former Franchisee for Trademark Infringement

Smallbizpros, Inc., d/b/a Padgett Business Services (“Padgett”)asserts trademark infringement in connection with allegations of post-termination obligations of John A. Terris, Sr. (“Terris”) of Brunswick, Georgia, in its...more

Survival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?

What had 28 flavors, nearly 1,000 locations, and a ubiquitous orange roof? If you answered Howard Johnsons Restaurants, then you are one of a shrinking number of people who can still appreciate the power that brand once had....more

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

FTC Green Marketing Guides

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims. The Green Guides are...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

Franchise Review - May 2012: Franchising in Quebec

When venturing into Quebec it’s important to be familiar with the Québec Charter of French Language (the Charter), which establishes French as the official language of Quebec and governs use of the French language in a broad...more

Cold Stone Creamery and Its Franchisees Take Joint Action Against Negative Publicity: A Behind-the-Scenes Look

Reprinted and/or posted with the permission of the American Bar Association, Fall 2011, Vol. 14, No. 4 A strong brand can be a franchise system’s most valuable asset. A strong brand may allow franchisors to maintain...more

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

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

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

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