Features
Courts' Intervention in Arbitration Disputes Keeps Franchises Busy
The decision in <i>ATT Mobility v. Concepcion</i> was announced on April 27, just a few days before a panel of three franchise attorneys presented an update on arbitration trends at the 44th Annual International Franchise Association Legal Symposium.
Features
NASAA Proposes Four Exemptions for State Registrations
The North American Securities Administrators Association ("NASAA") has proposed four exemptions to state registration and disclosure requirements, representing a welcome effort to standardize exemptions at the state level.
Features
Job Discrimination Against Muslims
Despite the EEOC's dire predictions, Muslims, Arabs, and other people of eastern descent living in the United States have not seen the social ostracism experienced by these groups in other countries.
Features
When Office Tenants Go Dark
Most office leases require tenants to actively carry on business from their leased premises, and prohibit tenants from vacating or abandoning the premises. It is becoming increasingly common, however, for tenants to object to these provisions and to request the lease include a "go-dark" provision.
Features
Insurance Coverage for Damage to Tenant Improvements
Multiple factors are often involved in the analysis and determination of ownership interests and insurance obligations for tenant improvements and betterments, furniture, fixtures and equipment, and other "personal property" within leased premises. Here's why it matters.
Features
In the Spotlight: Unique Retail Considerations of Branch Bank Leasing
When representing bank tenants, simply following established retail principles, even zealously on some issues, is not enough. There are certain banking-specific concerns, even pitfalls, about which bank counsel must be aware.
Features
Understanding and Mitigating the Legal Risks of Cloud Computing
There can be significant economic efficiencies realized by moving to the cloud. However there are also potential risks involved if an entity does not adequately consider the information governance implications, especially those involving electronic discovery.
Features
Waging Trademark War Against 'i-Pirates'
Trademark infringers have preyed on the fertile software marketplaces opened by companies like Apple and Google by offering apps for download under names that are identical or confusingly similar to other well-known brand names. These online trademark bandits are effectively engaging in a form of "i-piracy," whereby they attempt to profit from the goodwill associated with established trademarks by pirating those marks for use in their own knock-off apps.
Features
Trademark Letter Rulings from Customs Service Are Expeditious, But Under-Used Tool
The following article takes a general intellectual-property approach to trademark infringement from the perspectives of both trademark holders and product importers, while providing much useful, technical information for entertainment industry professionals.
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- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
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