Franchising: A Venus Flytrap for Trademark Licensors
April 28, 2011
Your client gives you a call to let you know that his company just licensed its primary mark to a third party who will sell your client's products on the West Coast, including California and Arizona. Should you be happy for your client, or should a chill go up your spine?
Search Engine Advertising Trademark Claims
April 28, 2011
In <i>Network Automation, Inc. v. Advanced Systems Concepts, Inc.</i>, the Ninth Circuit: 1) expressly held that the use of a trademark as a search engine keyword for the purpose of triggering advertisements is a "use in commerce" of that trademark under the Lanham Act; but 2) vacated a preliminary injunction, finding that the district court's analysis of consumer confusion in the Internet context was too narrow.
Online Behavioral Advertising
April 28, 2011
The first quarter of this year has been marked by a rise of awareness and legal activity surrounding the question of behavioral, or targeted, advertising ' a significant area of operation and interest for e-commerce firms.
Watching You ' Steal My IP
April 28, 2011
Are you watching your online competitors, lest they steal your ideas, your customers, or both? How can an online firm learn when another firm is infringing its intellectual property?
Franchises Eye International Expansion
April 26, 2011
International franchising carries numerous complications that must be addressed by a franchisor's business and legal strategy, said several experts at the 2011 International Franchise Expo.
Defining the Role and Development of a New Managing Partner
April 26, 2011
While the volume of available information about managing law offices is expanding, information is not readily available about what, specifically, should be the "hands-on approaches" that managing partners and members of management committees should embrace to coalesce their partners, associates and staff into a well-managed and informed organization, with all of the professional and administrative personnel working together to achieve both the firm's immediate and longer-term objectives.
Chemtura: 'Make-Whole' and 'No-Call' Provisions
April 25, 2011
The Bankruptcy Court for the Southern District of New York's recent decision in <i>In re Chemtura Corp</i> examines the treatment of "make-whole" and "no-call" provisions in bankruptcy proceedings in the context of a settlement of such claims pursuant to a plan or reorganization.