Bit Parts
September 29, 2008
TV Show Titles/Copyright, Trademark Claims<br>Inter-Label Litigation/Insurance Coverage<br>Trademark Infringement/Laches<br>Video Games/Artists' Indicia
Predominance Requirement for Class Certification
September 29, 2008
Recently, the U.S. Court of Appeals for the Second Circuit reversed the district court's certification of a class action by smokers alleging they were deceived by the defendant tobacco companies' marketing of so-called light cigarettes as a healthier alternative to regular, or "full-flavored," cigarettes.
Pharmaceutical And Medical Device Litigation
September 29, 2008
Part One of this article described some general principles regarding the concept of fraudulent joinder and the patchwork of conflicting definitions and procedures for analyzing fraudulent joinder that has developed in the Circuit Courts. This conclusion offers strategies for defeating fraudulent joinder.
Canadians Tackle Disclosure Documents and Other Franchise Mysteries
September 26, 2008
In Canada, franchise disclosure documents ('FDDs') are not reviewed by any government agency. It is up to the franchisor to prepare and deliver the document correctly, failing which the franchisee can, for a limited period of time, send in a rescission notice.
How to Avoid Insider Preference Liability
September 24, 2008
The Tenth Circuit held on July 15, 2008, that a major creditor with a seat on the debtor's board of directors and a 10.6% equity interest was not an insider in a bankruptcy preference suit. As shown in this article, the decision contains a road map for corporate insiders on how to avoid preference liability.
Auction Web Site Off the Hook
August 29, 2008
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.
Claim Preclusion
August 28, 2008
The manufacturer/customer privity hurdle in patent infringement suits can be overcome by application of the <i>Kessler</i> doctrine. This article explains.
<i>Tiffany v. eBay</i>
August 28, 2008
The recent decision in <i>Tiffany v. eBay</i> is a well-considered exploration for finding secondary e-marketplace liability for facilitating infringing sale of goods without selling a product, and for the marketplace maker to avoid infringement liability for sellers on its site.
How to Avoid the Franchise Surprise
August 28, 2008
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.
Auction Web Site Off the Hook
August 28, 2008
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.
