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Trademarks › Contract Terms

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

Lathrop GPM

New Jersey Federal Court Partially Enforces Noncompete Covenant Against Former Franchisee

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A federal court in New Jersey recently granted a franchisor’s motion for a preliminary injunction, enjoining the former franchisee from using the franchisor’s marks and violating the franchise agreement’s noncompete clause,...more

Arnall Golden Gregory LLP

The Pitch - April 2024

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The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

ArentFox Schiff

Behind the Stage: The TTAB's “Non-Performing Band Member” Ruling on Disputed Ownership of SPLIT DECISION Trademark

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The world of music often sees as much drama in the courtroom as on the stage. One fight that frequently results in protracted, expensive, and bitter legal disputes is over ownership of a band or group name....more

Proskauer - New Media & Technology

Anthropic Joins the Party, Offers Copyright Shield to Enterprise AI Customers

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On December 19, 2023, AI research company Anthropic announced that it had updated and made publicly available its Commercial Terms of Service (effective Jan 1, 2024) to, among other things, indemnify its enterprise Claude API...more

Venable LLP

NFT Intellectual Property Considerations

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Venable LLP

Top 5 Trademark Licensing Considerations for NextGen Technology

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Currently, brand owners are at a crossroads—should they dip their toes into new web3 mediums and opportunities, or should they guard against potential pitfalls in this new space? While there is no one-size-fits-all answer...more

Dorsey & Whitney LLP

Fearless Girl Statue Decision Says No Need to Fear Contracts - But Be Cautious Drafting Them!

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A 4-foot tall, bronze girl defiantly stands with her hands on her hips and chin held high. Better known as Fearless Girl, the statue was intended to promote the power of women in leadership. The statue has come also to...more

BakerHostetler

Licensing vs. Franchising: Are You Accidentally Creating a Franchise?

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A trademark license may seem straightforward. It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods...more

Stikeman Elliott LLP

Québec’s Language Legislation: Be Ready for Important Changes Impacting Commercial Contracts, Trademark Usage and Government...

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Our August 2022 post summarized the main business-related changes that Bill 96 made to the Québec Charter of the French Language (“Charter”). This post provides updates on several key issues, particularly the potential impact...more

Lathrop GPM

Oklahoma Federal Court Grants Franchisor’s Post-Termination Motion for Preliminary Injunction Related to Trademark Infringement

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A federal court in Oklahoma granted franchisor Pizza Inn, Inc.’s motion for preliminary injunction preventing two former Pizza Inn franchisees – Odetallah and Allen’s Dynamic Food – from operating competing pizza restaurants...more

Wyrick Robbins Yates & Ponton LLP

What are IP Assignment Agreements?

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For the high-growth startups we represent (and into which our venture capital clients invest), intellectual property (IP) is typically the core asset driving the company’s value. Ensuring that the company’s IP is properly...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - The Sneakerhead Breakup of the Century: Yeezy and Adidas

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Adidas, which manufactures and sells the wildly popular “Yeezy” line of shoes in partnership with rapper Kanye West, recently terminated the relationship after anti-Semitic statements by the star. In this episode of The...more

Proskauer Rose LLP

Three Point Shot - July 2022

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this double...more

Knobbe Martens

Who Owns the Royale With Cheese? - Miramax Sues Tarantino Over the Sale of Pulp Fiction Related NFTs

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On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more

Dorsey & Whitney LLP

Hockey League Skates To Summary Judgment Win Over Gulls

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The minor hockey league ECHL iced a win over the San Diego Gulls hockey club earlier this month when a judge in the Central District of California granted ECHL’s motion for summary judgment dismissing all of the Gulls’...more

Akerman LLP - Marks, Works & Secrets

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

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In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more

Fox Rothschild LLP

Getting Women Back To Work: Top 5 Tips For New Entrepreneurs

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So far during the pandemic, around 2.4 million women have left the workforce, numbers much higher than men. Yet, in a small silver lining, there have been a record number of new business applications filed across the...more

Lathrop GPM

The Franchise Memorandum - Issue # 261

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Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fifth Circuit Reverses Trial Court’s Excusal of Area Representative’s Tardy Renewal Notice -...more

Lathrop GPM

The Franchise Memorandum - Issue # 260

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more

Farrell Fritz, P.C.

Court Takes Ambiguity Off the Menu of Restaurant’s LLC Agreement

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I’ve lost track of how many lawsuits I’ve seen between co-owners of New York City restaurants. It’s not surprising given the high percentage of restaurant failures in an intensely competitive market with high rents, high...more

Seyfarth Shaw LLP

Maine Governor Restricts Restrictive Covenants

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On June 28, 2019, Governor Mills signed LD 733, An Act To Promote Keeping Workers in Maine, into law. The Act places limits on non-compete agreements and bans restrictive employment agreements....more

BCLP

Public APIs Have Broad Applications, From E-Commerce to Payroll Management

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This post is the second in a two-part series concerning emerging uses and considerations involving application programming interfaces, or “APIs.”     Most retailers and other large and mid-size businesses, and even some...more

Dorsey & Whitney LLP

What can hair metal and grunge bands teach us about IP ownership?

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It has been an interesting several weeks in the trademark world that have transported me back to my halcyon days of high school metal and college grunge (but mostly I was a new wave guy). The years-long litigation going...more

Holland & Knight LLP

Cases Highlight Commercial Landlord Potential Liability for Trademark Infringement by Tenants

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• Reported verdicts and settlements in the last 10 years confirm that commercial landlords/owners could be held liable for the trademark infringement activity of their tenants. • Commercial landlords/owners must take...more

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