News Briefs
June 28, 2007
Highlights of the latest franchising news from around the country.
Movers & Shakers
June 28, 2007
News about lawyers and law firms in the franchising industry.
Practice Notes: Some Lawyers Find Entertainment Clients on MySpace
June 28, 2007
Many artists believe that setting up a personal page on the mega-popular MySpace.com Web site is a key prong today in attracting attention to themselves. At the same time, some entertainment attorneys use MySpace to attract clients. This article examines the experiences of Texas lawyers who have MySpace pages.
Court Watch
June 28, 2007
Highlights of the latest franchising cases from around the country.
Cameo Clips
June 28, 2007
Anti-Bootlegging Law/Constitutionality<br>Television Broadcasting/FDD Indecency Policy<br>Synchronization Licenses/Karaoke Machines
Franchising in Belarus: Slowly Coming of Age in the Former Soviet Republic State
June 28, 2007
Although Belarus does not have its own franchise law code, the Civil Code of Belarus, which was adopted on Dec. 7, 1998 and entered into force on July 1, 1999, contains Article 53 dealing with a franchise, or as it says in the Code 'Complex business licence.' On Aug. 18, 2004, amendments to this regulation were adopted and entered into force on Feb. 27, 2005. Not surprisingly, the terminology used in Article 53 is the same as in the Russian Civil Code.
Decision of Note: Carol Burnett Loses Claims over TV-Show Parody
June 28, 2007
The U.S. District Court for the Central District of California decided that the brief inclusion ' in a segment of the animated TV-series 'Family Guy' ' of a 'Charwoman'-like character from and a theme similar to the 'Carol Burnett Show' constituted a copyright fair use. <i>Burnett v. Twentieth Century Fox Film Corp.</i>, CV 07-01723 DDP.
Supreme Court Considers Price Fixing Agreements
June 28, 2007
Franchisors and franchisees alike are awaiting a decision from the U.S. Supreme Court that could change the marketing and promotional practices of franchisors and distributors. In <i>PSKS, Inc. d/b/a Kay's Kloset v. Leegin Creative Leather Products, Inc.</i>, the Supreme Court heard challenges to the application of the per se rule to vertical minimum price fixing agreements under antitrust law, and some commentators believe that the Court will overturn this requirement, which was adopted almost a century ago in <i>Dr. Miles Medical Co. v. John D. Park & Sons Co.</i>, 220 U.S. 373 (1911).
Ruling on Use of Athlete's Name
June 28, 2007
It's possible to win the war but lose the final battle. Although former Philadelphia Phillies pitcher Tyler Green prevailed in his lawsuit against a man who used his name for a sports-handicapping Web site, he has now lost his appeal demanding that the man be ordered to reimburse Green's legal fees. And for Green's lawyer, John P. Elliott, the decision from the U.S. Court of Appeals for the Third Circuit came with a one-two punch. Not only was Elliott denied a fee award, but he also got a stern finger-wagging from an appellate judge who complained that a letter he wrote to the defendant was 'particularly combative' and employed a 'most unwise tactic.' <i>Green v. Fornario</i>, 06-2649.