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.
U.S. Supreme Court Denies Certiorari in Iowa Tax Case
October 27, 2011
On Oct. 3, 2011, the U.S. Supreme Court denied a petition for certiorari in <i>KFC Corp. v. Iowa Department of Revenue</i>. As a result, the Court has given its silent blessing to extending the "economic nexus" theory to justify states' imposition of tax obligations on out-of-state franchisors with no physical presence there.
'Second Generation' Long'Term-Care Planning
October 27, 2011
In the absence of the implementation of the CLASS Act, employers who have not done so already might want to consider offering a private long-term-care insurance plan with an enrollment strategy that touches on paying for and planning for long-term care.
The Vital Signs of Firm Profitability
October 27, 2011
The ultimate objective of law firm management is to create profit for owners. It is the role of a managing partner, management committee, and CFO to understand the elements that impact profitability, identify and improve weaknesses that soften profitability, and capitalize on opportunities to enhance profitability.
