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Features

Wine Online Image

Wine Online

Cary S. Wiggins

Now can I ship wine to out-of-state consumers? That's what people at wineries, and even retailers, have been asking e-commerce counsel since the Supreme Court decided <i>Granholm v. Heald</i>, which struck down wine-shipping regulations in Michigan and New York as discriminatory under the Dormant Commerce Clause. There are at least 50 answers to the question.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

Court Watch Image

Court Watch

Cynthia M. Klaus

Covenants Not to Compete Found Unenforceable in Georgia

The Registration Experience: Six Easy Lessons from the Converted Image

The Registration Experience: Six Easy Lessons from the Converted

Rochelle Spandorf & Janet Reyes

If you have registered a few dozen Uniform Franchise Offering Circulars ("UFOCs") and spent the better part of 2008 converting your current stable to the Amended Rule's disclosure format, you can probably relate to the throbbing headache we experienced during this spring's annual filing season when we registered our clients' freshly converted franchise disclosure documents ("FDDs") with state franchise agencies. Before the annual spring filing crunch, we had found clear sailing in registering FDDs early.'

How to Avoid the Franchise Surprise Image

How to Avoid the Franchise Surprise

Marc A. Lieberstein & Rebecca L. Griffith

In many states, the statutory definition of "franchise" has been, and could be, construed broadly to include relationships between brand owners and their trademark licensees, even though neither party intended to create a franchise relationship. Brand owners can only avoid the franchise surprise if they know the rules of the game.

Defending Your Client's Domain Name Image

Defending Your Client's Domain Name

Alyson B. Danowski

A company's domain name is often the most fundamental basis for trademark and branding efforts. Ideally, the choice of a domain name is made after conducting searches for potentially identical or confusing domains. But even if such due diligence is conducted, with the millions of domain names registered under the various extensions and country codes, it is not possible to guarantee that the domain name will not potentially conflict with someone else's trademark rights.

Use of Another's Trademark in Web Site Metatags Image

Use of Another's Trademark in Web Site Metatags

ALM Staff & Law Journal Newsletters

A metatag is a coding statement for a Web site in the Hypertext Markup Language that describes the site's content. The information provided in metatags can be used by search engines to determine Web page relevancy and to influence search results. In a surprising development, the U.S. District Court for the Eastern District of Wisconsin has determined that the use of metatags in Web site code does not create initial interest confusion, because current search engines no longer use metatags to determine the relative relevance of a Web site, preferring instead to use algorithms that rank the Web sites by the number of other sites that link or point to them.

Auction Web Site Off the Hook Image

Auction Web Site Off the Hook

Marc A. Lieberstein & Catherine D. O'Connor

At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.

Features

Establishing Best Practices Image

Establishing Best Practices

Paula Campbell

When it comes to work product production, internal and external communication, or workplace safety, the question becomes: "Is there adequate input when these policies are developed, and who are the enforcers?" As important, is the question, "Do established best practices hamper client relations or staff professional development?"

Features

Becoming a Law Firm Partner Image

Becoming a Law Firm Partner

Phyllis Weiss Haserot

Interviews with senior associates and individuals in their first or second year of partnership (particularly equity partnership) reveal that they frequently face a number of surprises ' even shocks ' when they enter their new, long-desired status. Here's what to do about it.

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