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Features

Trademark Issues Image

Trademark Issues

Douglas M. Mansfield & J. Todd Kennard

The U.S. District Court for the Central District of California recently entered a preliminary injunction against a former franchisee, where the franchisor had repeatedly notified the franchisee of various deficiencies, and the franchisor ultimately terminated the franchise agreement.

What Canada's New Anti-Spam Legislation Means for Franchisors Image

What Canada's New Anti-Spam Legislation Means for Franchisors

Dominic Mochrie & Andraya Frith

Canada will soon have the dubious distinction of having what many believe is the most onerous and comprehensive anti-spam legislation in the world. Franchisors' relationships with customers and with their franchisees will be affected.

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

A Cautionary Tale: Reinsurer's Bad Faith Disavowal of Agreement Leads to Multiple Damages, Attorneys' Fees Image

A Cautionary Tale: Reinsurer's Bad Faith Disavowal of Agreement Leads to Multiple Damages, Attorneys' Fees

Nicholas C. Cramb & Alec J. Zadek

Judge Nancy Gertner of the U.S. District Court for the District of Massachusetts recently entered a judgment against a reinsurer, its controlling officer and the reinsurer's intermediary in the amount of $4.1 million for breach of contract, $4.1 million for double damages, $2.6 million for attorneys' fees and $1.6 million for prejudgment interest.

Features

The Calm Before a Storm of Claims: Identifying and Preserving Insurance Coverage for Hurricane Irene-Related Losses Image

The Calm Before a Storm of Claims: Identifying and Preserving Insurance Coverage for Hurricane Irene-Related Losses

Roberta D. Anderson

Businesses that have suffered losses because of Hurricane Irene may have substantial financial protection through their insurance policies.

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

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Waging Trademark War Against 'i-Pirates' Image

Waging Trademark War Against 'i-Pirates'

John Sullivan & and Michael Leonard

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. There are strategies trademark owners can employ to gain the upper hand in the fight against infringement.

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

In-depth analysis of an important ruling.

Features

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

Recent news of interest to you and your practice.

Features

Blog Protection Image

Blog Protection

Jonathan Bick

Blogs, like traditional publications, may result in allegations of plagiarism, unauthorized use and defamation claims. And, as in the case of traditional publications, legal, technical and insurance options are available to reduce or eliminate blog-related difficulties for blog owners.

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    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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