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Recent FTC Staff Advisory Opinions
The staff of the Federal Trade Commission (“FTC”) that administers the FTC's Franchise Rule issues informal staff advisory opinions in response to inquiries concerning the applicability of the Rule. So far during 2005, the FTC staff has issued three such opinions.
The first, Informal Staff Advisory Opinion 05-1, dated March 2, 2005, concerns the license of a trademark used on hair care products to a hair salon business. The licensor stressed in its request that very limited controls would be placed on the operation of the salons. The controls included: requiring the salons only to carry the licensor's hair care products; specifying that use of the licensed mark must comply with the licensor's “brand book”; requiring the licensee to pay its bills and taxes on time, comply with all applicable laws, maintain a positive bank balance, and, interestingly, employ a particular person as manager of the salon. The license would end if the designed manager were no longer in control of the business.
Bankruptcy Sales: Finding a Diamond In the Rough
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.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.