News & Analysis as of September 26, 2024

Trademarks › Restrictive Covenants

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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 +

Life After The FTC Ban: Alternatives To Non-Competes

Hendershot Cowart P.C. on 6/14/2024

The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the...more

New Jersey Federal Court Partially Enforces Noncompete Covenant Against Former Franchisee

Lathrop GPM on 5/10/2024

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

When Competition Crosses the Line, Level the Playing Field with Unfair Competition Litigation

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/10/2023

By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation,...more

Piling On - NLRB General Counsel Joins the Crusade Against Noncompete Agreements

Lathrop GPM on 7/28/2023

In a memorandum released on May 30, 2023, the National Labor Relations Board (“NRLB”) General Counsel opined that noncompete agreements may violate the federal National Labor Relations Act (“NLRA”). In doing so, the General...more

Beauty (and Value) In the Eye of the Beholder: What Is My Private Company Truly Worth

Bradley Arant Boult Cummings LLP on 10/4/2022

It is common for private company owners to wonder what price they would receive if their company was offered for sale. When a business owner wants to formally determine the company’s actual value in the marketplace, however,...more

Franchisee 101: Successor Slips Out of Non-Compete

Lewitt Hackman on 8/4/2020

A Florida federal court granted a preliminary injunction against a terminated franchisee. The court enjoined the ex-franchisee from using the franchisor’s trademarks and trade dress. The court enforced the franchisor’s...more

Maine Governor Restricts Restrictive Covenants

Seyfarth Shaw LLP on 8/7/2019

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

Avoid Getting SLAPPed on Your Next Non-Compete Case

Nilan Johnson Lewis PA on 1/10/2019

Your employee quits without notice or explanation. You discover that she moved to a competitor in violation of her non-compete agreement, and what’s worse, days before her resignation, she downloaded your trade secrets onto a...more

OTA & Travel Distribution Update: Effects of Google's trademark and keyword practices changes; Japanese regulators conclude Airbnb...

Foster Garvey PC on 11/12/2018

This week’s Update features a variety of stories covering search, short-term rentals, wholesalers and traditional OTAs. This week's highlights include...more

Invalidity Counterclaims in IP Litigation: Supreme Court Rules on Effect of Covenants Not to Sue

Ladas & Parry LLP on 5/28/2013

On January 9, 2013, the Supreme Court issued its opinion in Already, LLC v. Nike, Inc., holding that a broad covenant not to enforce a trademark against certain products of a competitor moots the competitor’s action to...more

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Trademarks › Restrictive Covenants

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