Litigation

  • Appellate Court Says Waiver Enforceable, Notwithstanding Statute

    Many state franchise or distributor statutes contain provisions that purport to limit the enforceability of waivers or releases signed by dealers or franchisees. The restrictions on waivers are often justified on claimed "inequality of power" between the manufacturer or distributor and franchisee. One court recently struck a blow in favor of manufacturers and distributors in upholding a waiver even though part of the statute expressly referenced restrictions on certain waivers.

    November 26, 2008Douglas M. Mansfield and J. Todd Kennard

  • Franchisors Must Prepare for Pending Introduction of New Top-Level Domains

    In only a few short months, franchisors must choose whether to register a top-level domain (TLD) that corresponds with the franchisor's trademark or company name. Similar to current TLDs .com, .net, and .org, new TLDs like .hilton, .coke, or .merrilllynch will be available. A franchisor's choice must balance potentially significant commercial, advertising, and security opportunities with substantial financial and technological investment.

    November 26, 2008Ryan Kaatz and Brian Schnell

  • The Trouble with Anonymous Bloggers

    cyberspace enables anyone willing to spring for a domain name and pay an Internet service provider $15 a month to become a "publisher." And even better for these latter-day Horace Greeleys, they can corral a limitless number of "reporters" without paying one red cent. Small wonder that blogging has become a force of mainstream media. Indeed, blog owners basically need only to grant anonymity to those who post to their Web sites.

    November 25, 2008Joel Cohen and Katherine A. Helm

  • Bit Parts

    Crew Member Injury/Employee Status
    Merchandising Rights/Film Remakes
    Trademark Infringement/First Amendment Defense

    November 25, 2008Stan Soocher

  • Counsel Concerns: Fed Court Denies Client's Impleader Against Counsel

    A magistrate for the U.S. District Court for the Central District of California decided that a copyright and trademark infringement defendant couldn't file an impleader action against his former lawyer for secondary or derivative liability.

    November 25, 2008ALM Staff | Law Journal Newsletters |

  • Indiana Court Transfers Publicity Rights Litigation To New York

    The U.S. District Court for the Southern District of Indiana grant- ed a defendant's motion to transfer to New York federal court a suit over the alleged unauthorized use of the names and likenesses of legendary baseball players, including Lou Gehrig, Thurman Munson and Jackie Robinson.

    November 25, 2008ALM Staff | Law Journal Newsletters |

  • Movers & Shakers

    Who's doing what; who's moving where.

    November 25, 2008ALM Staff | Law Journal Newsletters |

  • Development

    A look at recent rulings of importance.

    November 25, 2008ALM Staff | Law Journal Newsletters |

  • Suits Roll in over Recalled Drugs

    Plaintiffs' attorneys have filed several lawsuits in recent months involving two recalled drugs, the generic blood thinner heparin, and prescription medication Digitek, that could signal a clean break from past actions that were far less successful against drugs Vioxx and Paxil.

    November 25, 2008Amanda Bronstad