LJN Newsletters

Recent rulings of interest to you and your practice.

In Schlotzsky's Ltd. v. Sterling Purchasing and National Dist-ribution Co., Inc. ("Sterling"), 502 F.3d 393 (5th Cir. 2008), the Fifth Circuit reinforced the tough standard for proving an antitrust tying claim against a franchisor and clarified the broad scope of the Lanham Act's unfair competition provision. The decision is important for franchisors defending claims of market power.

Rarely has the International Franchise Association ('IFA') Legal Symposium, come at a busier time for the franchise industry, as a wide range of legal and business issues are generating change at a rapid rate. The conference, which was held on May 12-13 in Washington, DC, addressed everything from green business practices to new disclosure regulations, and the protection of marks on the Internet to states' efforts to expand their ability to tax franchise activity.

Recent developments you need to know.

Control groups have become an almost required element in trademark surveys. Survey methodology, however, derives from the field of sociology and political science where there was no such concept of 'control' groups. The studies were designed to be descriptive of a phenomenon. As such, the surveys contained no 'controls,' but could still none the less offer useful information.

In this rather odd sentencing case, the Eighth Circuit trashed the restitution order that had been imposed by the District Court for the District of North Dakota on janitorial supervisor James A. Chalupnik. United States v. Chalupnik, 2008 WL 268997 (8th Cir. Feb. 1, 2008). Here's a discussion of the case.

How do famous, but geographically descriptive, trademarks impact the ability of second-comers to trade off the fame of the location? A look at a recent ruling on this issue.

Recent rulings of importance to you and your practice.