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Trademarks › Sales & Distribution Agreements

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 -
DarrowEverett LLP

Lessons From the License to Drive (and Protect) Sports Illustrated

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For years, Sports Illustrated (SI) has provided exclusive, in-depth looks into some of sports’ greatest games and players, with its voice and visuals providing great entertainment and information for sports fans around the...more

Holland & Knight LLP

District Court Holds Non-Party in Contempt for Violating Preliminary Injunction

Holland & Knight LLP on

In a recent decision out of the U.S. District Court for the District of Minnesota, a court ruled that a non-party to a lawsuit could be held in contempt for violating a preliminary injunction entered against the defendants in...more

Tarter Krinsky & Drogin LLP

Controlling Online Distribution Leakage By Unauthorized Sellers

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One of the biggest frustrations for brand owners is seeing their products sold through unauthorized distribution channels such as on the Amazon Marketplace. Carefully controlled brand experiences and minimum advertised...more

Gibney Anthony & Flaherty, LLP

Understanding the Distribution Agreement: A Checklist for Best Practices

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In the early stages of doing business in the US, it may be too soon for a company to form its own U.S. sales organization. There are several ways to enter the US market without a full sales force. One option is for companies...more

Lewitt Hackman

Franchise 101: The Differences Between Franchises and Other Business Arrangements

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Under California law, a business relationship is a “franchise” if: (1) the business will be substantially associated with the franchisor’s trademark; (2) the franchisee will directly or indirectly pay a fee to the franchisor...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Marketing Practices Act: Federal District Court Addresses Branded Retailers Challenge to Franchise Termination

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A United States District Court (Northern District California) (“Court”)addressed in a January 3rd Order a retail motor fuel franchisee’s request for a preliminary injunction against an oil company’s termination of its...more

Kramer Levin Naftalis & Frankel LLP

First Circuit Holds Rejection of Trademark License Leaves Licensee With Only a Claim for Pre-petition Damages – No Right to...

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The First Circuit in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), recently held that the Debtor’s rejection of a trademark license left the licensee with only a...more

Lewitt Hackman

Accidental Franchise = Potential Lawsuits, Fines + Other Penalties

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Business owners looking to expand may leave themselves vulnerable to several obvious losses, including those related to finance, brand identity, and customer loyalty. Resources, including exemplary human resources, are...more

McDermott Will & Emery

Whose Unregistered Trademark Is It Anyway?

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Expressly adopting for the first time a test to determine whether a manufacturer or distributor is the owner of an unregistered trademark in the absence of a contractual ownership clause, the US Court of Appeals for the Third...more

Sullivan & Worcester

Mission Accomplished … First Circuit Bankruptcy Appellate Panel Acknowledges Post-Rejection Rights of Licensee of Trademarks

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The Bankruptcy Appellate Panel (“BAP”) for the First Circuit recently upheld a licensee’s rights to use a debtor’s trademarks and logo after a rejection by the debtor of the underlying licensing and distribution agreement....more

K&L Gates LLP

Having The “Are You Operating an (Illegal) Franchise System Without Knowing It?” Conversation

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Franchising laws are very broad in scope and may inadvertently encroach upon standard licensing or distribution agreements. The repercussions for operating an illegal (or more likely inadvertent) franchise system can be very...more

Bryan Cave Leighton Paisner

EU Retail News - April 2016

Bryan Cave Leighton Paisner on

Welcome to the first issue of EU Retail News written by members of the Retail Team at Bryan Cave - EU and US: Marketing fitspiration from SoulCycle - SoulCycle has taken the US by storm, with fitness studios...more

McDermott Will & Emery

Proof of Confusion Essential for Trademark Injunction - Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

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Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring trademark attribution where the district court had not found a likelihood of...more

Lewitt Hackman

FRANCHISEE 101: Hawaiian Distributor May Be a Franchisee

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A long-standing distributor and licensee of Harley-Davidson motorcycles in Hawaii was entitled to proceed on its claim that the business relationship with Harley-Davidson Motor Company, Inc. was a "franchise" under Hawaii's...more

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