Court Watch
Highlights of the latest franchisng cases from around the country.
Features
News Briefs
Highlights of the lastest franchising news from around the country.
No 'Doublemint' Pleasure for Global Franchisors
The globalization of American franchise networks is one of the hallmarks of franchising's explosive growth during the past three decades. The International Franchise Association (IFA) notes that during the past decade, almost half of all units established by U.S. franchisors were situated outside of this country. Approximately 500 U.S. franchise networks have a global presence. McDonald's, now in 119 countries, features more than 10,000 foreign franchises; 7-Eleven, more than 18,000; YUM! Brands Inc. (Pizza Hut/KFC/ Taco Bell/A&W/ Long John Silvers) more than 11,000 (adding 1,000 new restaurants a year during the past 3 years); and, InterContinental Hotels Group (the franchisor of Holiday Inns, InterContinental Hotels, and Staybridge Suites) nearly 1,000. <br>However, a recent intellectual property decision handed down on Oct. 23, 2003 by the European Court of Justice threatens not only established American franchisors doing business on that continent, but those thinking of joining their ranks.
Features
State Farm Agents Seek to Prove Franchisee Relationship with Insurer
Discovery will be completed this month in a lawsuit brought by the National Association of State Farm Agents (NASFA) for breach of contract and violation of franchise laws. The case, which is in the Superior Court for the District of Columbia, has already generated important rulings for franchisors and franchisees about whether the trade association has the standing to sue as a representative of its members, and whether the case should be heard in state or federal court.
Webinar Review: How to Earn Respect and Advance Your Career
How does a marketer get respect in a law firm? According to a panel of experts, it starts out with support from the top and comes down to knowing what value your firm perceives from your role. Marketers then must determine whether they possess the right skills and enthusiasm to fulfill the firm's mandate ' or else look for respect elsewhere.
Features
Keys to Good Presentations: 15 Rules for Getting Asked Back
One of the great keys to business development is the old adage, "Write, speak, sell." If you have figured out how to get into the media often enough to be perceived by your target audiences as an expert, then you will invariably be asked to speak at their conferences and meetings. This is your chance to develop personal relationships that lead to trust and, subsequently, new business. If audiences enjoy a speech, they are far more likely to want to create a relationship with you afterward. From such relationships flow the best business development opportunities. Unfortunately, most speakers, no matter how professionally qualified, focus on the substance and forget about the entertainment value of presentations.
The Early Warning Signals of a Potential Media Crisis
Sixty-two percent of Americans equate "no comment" with "we're guilty", and the numbers have only gone up since Enron. A legal media strategy based on "no comment" is increasingly likely to lead to danger. An increasingly sensitive legal profession is confronting the same challenge on an almost daily basis: "I understand I need to be more vigilant about helping my client, and my own firm, navigate the landmines of high-profile cases. I know I need the skills to work with media professionals once the case goes public, but is there anything I can do before a problem gets dumped on my lap? How do I recognize the early warning signs of a potential crisis now, not when the reporters start calling?"
Features
12 Steps to New Business
The economy is not good and has been troubled for years. Businesses continue to cut expenses, and more and more individuals and companies enter bankruptcy every day. Large law firms struggle. Does that mean that solo practitioners and small law firms should just give up? No. There is plenty of legal business out there. Lawyers just have to work to get it. And whether you work in a firm's marketing department or consult attorneys on marketing themselves and their firm, here are some methods for getting that business.
Outside Counsel; Dictionaries and Claim Construction
Claim construction ' the definition of a patent's scope ' is critical in virtually all patent lawsuits. In many cases there is no dispute about the structure and operation of the accused product, and claim construction becomes dispositive.
Features
File Early and File Often: A Pending Application is the Best Approach to Capturing Your Competitor's Product
Your client has invented a platform technology that creates a new product, industry or way of doing business. Early in the development of the new platform, a detailed patent application is prepared, filed and prosecuted to allowance. Before allowance, a well-funded competitor begins using the patented technology. When the patent issues, a cease and desist letter is sent. The competitor denies infringement and a lawsuit is filed.
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MOST POPULAR STORIES
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›
- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›