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Court Watch
Highlights of the latest franchising cases from around the country.
No Substantial Similarity in Photo Used in TV Movie
The U.S. Court of Appeals for the First Circuit ruled that two television production companies didn't violate a photographer's copyright when they used an image they created that was similar to his photo ' depicting an imposter, who called himself Clark Rockefeller, and his daughter ' in a made-for-TV movie.
7th Circuit Backs Use of Fan Footage in Joan Rivers Film
The U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of a suit by a fan whose 16-second backstage discussion with the comedienne Joan Rivers was included in the documentary <i>Joan Rivers: A Piece of Work</i>.
IFA CEO Speaks About Legislative, Regulatory Challenges
Speaking on Jan. 16 in Chevy Chase, MD, Stephen J. Caldeira, president and CEO of the International Franchise Association, laid out IFA's legislative priorities for 2013, assessed IFA's impact on policy issues, and discussed business trends that are affecting the industry.
Valuing a Celebrity's Right of Publicity
Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.
Decisions of Interest
In-depth analysis of recent key cases.
NJ & CT News
Key rulings from neighboring states.
Maintenance: How Long Is Too Long?
The most important factor to consider when guessing at the ultimate award is this: Which judge will get the case?
FTC Green Guides Have Marketing Impact
The latest Green Guides present a road map for franchisors and franchisees to make environmental claims that might be highly appealing to customers, while not running afoul of regulations about deceptive or unfair advertising found in Section 5 of the FTC Act.
Awuah v. Coverall: What, If Anything, Does the Dicta Mean for State Regulators?
What exactly can a state regulator do with respect to arbitration clauses in franchise agreements? The answer appears to be, "The regulator cannot do much."

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