Intellectual Property Civil Procedure Franchise

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Ice Cream Maker No Softee When It Comes to Infringement of Its Trademarks

Just as summer is coming to a close, the battle between Mister Softee and Master Softee appears to be heating up. Mister Softee is a family-owned business that has been in operation since 1956. It is the franchisor for the...more

Mister Softee vs. Master Softee: Non-Compete & Trademark Ice Cream Fight in the SDNY

Dimitrios Tsirkos first became a Mister Softee franchisee in the mid 1980’s. To be clear, we are talking about the ice cream truck business. Over the years, Tsirkos entered several franchise agreements with Mister Softee and...more

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

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

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

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

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