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Supreme Court Considers Price Fixing Agreements
Franchisors and franchisees alike are awaiting a decision from the U.S. Supreme Court that could change the marketing and promotional practices of franchisors and distributors. In PSKS, Inc. d/b/a Kay's Kloset v. Leegin Creative Leather Products, Inc., the Supreme Court heard challenges to the application of the per se rule to vertical minimum price fixing agreements under antitrust law, and some commentators believe that the Court will overturn this requirement, which was adopted almost a century ago in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911).
In 1995, Leegin, a manufacturer of Brighton women's accessories, began selling its product to PSKS, a women's clothing and accessories specialty store. Shortly thereafter, Leegin instituted the 'Brighton Retail Pricing and Promotion Policy,' stating it would do business only with retailers that follow its suggested retail prices for Brighton products. Leegin made clear that it would not do business with retailers who engaged in discounting Brighton products. Leegin later introduced the 'Heart Store Program,' a marketing initiative designed to provide incentives to Brighton retailers to promote the brand within a separate section of their stores. To become a Brighton Heart Store, retailers had to pledge to 'follow the Brighton Suggested Retail Pricing Policy at all times.'
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
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 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?
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.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."