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McDaniel & Park PC

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Intellectual property issues in distribution agreements

USA - March 31 2011 Distributors work hard to build the goodwill in a product with the expectation that they will profit from the increase in goodwill through increased sales

Book value is not fair value in partnership buyout

USA - August 19 2011 Book value can have a few different meanings

Stock certificate transfer claim rejected

USA - November 9 2012 One of the principles of corporate law that comes up with some frequency in shareholder disputes is that a share certificate is not an interest in a company, but only evidence of ownership

Trade dress infringement found in restaurant decoration

USA - April 19 2011 Trade dress is the unique appearance of a product that combination of visual elements that identifies the source of a product

Removal of copyright management information under DMCA

USA - October 19 2011 Since the adoption of the Digital Millennium Copyright Act in 1998 (DMCA), district courts have struggled to apply the language of 17 U.S.C. 1202 (statute here) creating an independent cause of action that can arise from the simple removal of a copyright notice from works published on the Internet

LLC mortgage may be challenged

USA - November 9 2012 A mortgage given by a New Jersey limited liability company to one of its members can be challenged by the purchaser in a court-approved sale of the business, the Appellate Division holds, reversing the trial court

Stock certificate transfer claim rejected

USA - November 9 2012 One of the principles of corporate law that comes up with some frequency in shareholder disputes is that a share certificate is not an interest in a company, but only evidence of ownership

Shareholder oppression claim requires trial

USA - November 6 2012 A motion for judical dissolution of a retail business based on the claims that the majority owner had oppressed the minority shareholders should be denied when the facts are in dispute

Trademark counterfeiting case justifies asset freeze

USA - November 6 2012 The assets that may be frozen to fund an equitable accounting in a trademark counterfeiting case are limited to those necessary to disgorge profits, according to a recent decision in the Southern District of New York

Buy-sell agreement to arbitrate is enforceable

USA - November 2 2012 Agreements to arbitrate are frequently added to buy-sell agreements and other corporate governance contracts