Limit on Assigning Right to Pursue Online Copyright Infringement
October 28, 2011
Can a business model be sustained for procuring the right from copyright owners to pursue alleged copyright infringements in the online world? In recent months, there has been a flurry of infringement litigation involving copyright troller Righthaven, which procured the right from publishers to file infringement suits over unauthorized online reproductions of the publishers' content.
Coverage Quandary: Is Cyber Insurance Necessary?
October 28, 2011
It's been a wild year for cyber crimes. It all may be falling far too close to home for BigLaw firms and corporate counsel, who are beginning to shop for ' or who are at least beginning to ask a lot of questions about ' cyber insurance. Queries include exactly what the policies cover and cost, how insurers quantify losses and whether the policies are necessary.
Deal or No Deal
October 28, 2011
As consumers have embraced mobile devices and communicating via text message, mobile marketing promotional campaigns have followed. As a result, sweepstakes have become popular mobile promotional tools because the chance of a prize motivates consumers to interact with the sponsor. However, because sweepstakes and contests are heavily regulated by states, mobile sweepstakes and contests must comply not only with mobile-messaging laws and regulations.
Undressing .XXX: Sexier Than the Name Itself
October 28, 2011
Historically, big corporations with multi-million dollar brands and the adult-entertainment industry have been on opposite sides of the fence over brand protection, with owners of famous brands like Nike, Starbucks and Lexus claiming any association of their marks with adult entertainment constitutes dilution by tarnishment. The adult-entertainment industry has very often met such claims as unfounded attempts to stifle its First Amendment right of free speech. Ironically, but legally predictably as far as protecting e-commerce interests, since the introduction of .XXX, both camps are united in a battle with ICANN and ICM to protect their brands from misappropriation.
News Briefs
October 27, 2011
Highlights of the latest franchising news from around the country.
Court Watch
October 27, 2011
Highlights of the latest franchising cases from around the country.
Managing a Franchise System When 'Game-Changers' Arise
October 27, 2011
One of the difficult balancing acts encountered by all franchise systems is between the relatively static nature of the franchise agreement and the dynamic, impossible-to-predict changes that occur in the real world. At the 34th Annual ABA Forum on Franchising, two industry veterans with perspective as senior in-house counsel spoke about how in-house counsel can identify potentially "game-changing" developments and lead their organizations' response.
