Are websites legally responsible for content posted by their users?
Do I need permission to use images from Google on my website?
Patent Infringement Defense Leveraging Contested Proceedings
Implementing a Counterfeit Enforcement Program
Design Patents: New Implications from the Hague Agreement
Patent Litigation and the Proposed Innovation Act of 2013
Developing a Business Strategy that Deters Counterfeiters
Protecting Trade Secrets When Employees Depart
Polsinelli Podcast - Conducting Business in China
Are there going to be new generic top level domains available in the future?
Beastie Boys Sue; Law Prof's 'Head Spins'
Polsinelli Podcast - Generic Drugs to Market - What's the Climate in 2014?
The Building Blocks of a Technology Deal
Emerging Strategies for Protecting Global IP Rights
Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry
Warranty vs. Indemnity
What should my company be aware of when launching a new website?
Demonstratives in Post-Grant Proceedings
Video: Claim Contruction in Post-Grant Proceedings
To begin 2014, we remind franchisors of the Government's response to the changes to the Franchising Code recommended last year. On 6 January 2014, Small Business Minister Bruce Billson advised that the Coalition advocated...more
In This Issue:
- Washington Federal Court Denies Motion To Hold Defendants In Contempt Of Consent Judgment For Trademark Infringement:
A federal judge in Seattle has denied a franchisor’s motion for a contempt...more
Many successful businesses want to open secondary locations, or “license” the business to a third party to operate additional locations. Be very careful when setting up a third-party model — it is easy to create an...more
A recent case from the United States Court of Appeals for the Eighth Circuit reaffirms the important principle that a franchisor, or any business, that seeks a preliminary injunction to prevent harm from a covenant breach...more
FRANCHISOR 101: FRANCHISOR NOT LIABLE FOR ACTIONS OF FRANCHISEE'S MANAGERS -
Cortland, a former bartender, sued GECP-Sunrise, LLC, a Buffalo Wild Wings franchisee, and its franchisor, Buffalo Wild Wings, Inc., claiming...more
FRANCHISOR 101: STATES UPPING THE ANTE FOR FRANCHISORS - A LEGISLATIVE UPDATE -
Laws focusing on the franchisees' rights are referred to as relationship laws, and in recent months, franchisee groups fighting for new...more
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
Originally published in Nevada Business Magazine on 1/1/2013.
Are you operating a franchise system without realizing it? If you are licensing to others the right to use your trademark for a fee, the answer could be yes....more
To conclude a little bit on some of the most concerned questions from investors in the franchise regulatory environment, I will, in this article, introduce the legal system in China on commercial franchise, what are the...more
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
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
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
Originally published in InsideCounsel on February 22, 2012.
Companies that market their goods or services through independent distributors may be surprised to learn their distributorship arrangement is in fact a...more
Following on from my article on the franchise agreement I consider what a franchisee can do if his franchise fails despite his or her best efforts.
The franchise agreement is likely to contain a term that enables the...more
If you take a franchise you will be asked to sign a contract which will be at least 30 pages long. This contract will have been drafted by the franchisor's lawyers and it will look after the franchisor's interests and not...more
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
Reprinted and/or posted with the permission of Daily Journal Corp. (2011).
Much has been written about the phenomenon known as “inadvertent franchising” in the U.S. — a situation that arises when a company, acting...more
If you have a pup accustomed to gourmet dog treats from the Mall of America you might have an unhappy canine on your hands. Megamall kiosk owner, Chewzy Dogs, has filed suit after its franchisor and maker of its dog treats...more
On May 27, 2011, The Texas Supreme Court found in favor of TGS-NOPEC Geophysical Company in a dispute involving how TGS' receipts from the licensing of its geophysical data should be apportioned for Texas franchise tax...more
Welcome to the Jackson Walker’s ART of Franchising newsletter. As always, our intention is to provide you with timely and easy-to-read franchise advice, reminders and tips, so that, as industry leaders,...more
Shapes, smells and sounds can be registered as trade marks as well as words and logos. Business proprietors need to thnk carefully about protecting their intellectual property in times where electronic communcications and low...more
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
Once you have decided to create a company, the next question that needs consideration is where to formally, or legally, create your company. The formation of limited liability companies and corporations is accomplished on the...more
It goes without saying that most entrepreneurs would never consider buying an existing business without first conducting the proper due diligence on it and its present owners. The idea is to try to uncover those more latent...more
Businesses work hard to develop the visual appearance of their products so that the product is easily recognizable and associated with the good will of the product and company. Visual appearance, like written words or...more
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