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Part 1 of a 2-part series.
Why should U.S. franchisors care about Canada and Canadian franchise law? Savvy franchisors realize that Canada's population is about the same as California's, and that the tastes of many Canadians are similar to (and molded) by their American counterparts. Also, U.S. franchisors' investment in Canada is facilitated under the North American Free Trade Agreement and the Investment Canada Act. While there are certainly similarities between the United States and Canada in the law respecting business-format franchising and trademarks, there are some major differences as well ' some subtle; others not so subtle. For example:
The law as it relates to franchising has been slower to develop in Canada than in the United States. That is why the appearance of a new decision from the most populous province's Court of Appeal is a notable event. Such an event occurred on May 20, 2003 with the release of the Ontario Court of Appeal's decision in Shelanu Inc. v. Print Three Franchising Corp. [2003] O.J. No. 1919, Docket No. C35392. Arguably, this is the most important of the fewer than 100 or so franchise cases to reach that Court in the three decades since its decision in Jirna Ltd. v. Mr. Donut was released in 1972, later finding its way to the Supreme Court of Canada (reported at [1975] 1 S.C.R. 2) to become the most famous (if not the most famously followed) franchise decision in Canada.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.