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General Counsel update - legal guide edition 32

Herbert Smith Freehills LLP
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Australia, China, Hong Kong, Indonesia, Myanmar, Singapore, United Kingdom
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November 29 2012

A summary of major developments in key areas

Code red: IP licence held to be a franchise

Herbert Smith Freehills LLP
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Australia
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June 21 2012

The Franchising Code of Conduct may apply to a licensing or distribution agreement in circumstances where the principal retains some control over the marketing of the product

Where’s the “beef”? Sublicensing qualifies for Virginia addback exception

Sutherland Asbill & Brennan LLP
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USA
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April 18 2012

On March 29, 2012, the Circuit Court of the City of Richmond held that an exception to Virginia’s related party addback statute applied to licensing arrangements that included a sublicensor

A modular accommodation unit by any other name: the broad reach of the Franchising Code of Conduct

Herbert Smith Freehills LLP
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Australia
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May 13 2011

Agreements such as intellectual property licence and distribution agreements may constitute franchise agreements under the Franchising Code of Conduct if they fulfil the Code's definition of 'franchise agreement'

The São Paulo Court of Justice creates a special chamber for commercial law

Baker & McKenzie
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Brazil
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March 22 2011

The creation of a specialised commercial chamber was approved by the São Paulo Court of Justice

Automotive alert: district court enjoins dealer from using Harley-Davidson trademarks

Jones Day
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USA
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May 19 2010

A federal court recently preliminarily enjoined a dealer from using Harley-Davidson trademarks after the parties previously signed a settlement agreement providing that the dealer agreement ("Dealer Contract") would terminate on December 31, 2009

The court issues a safeguard order to prevent serious damages to the franchisor’s reputation and trademarks

Dentons
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Canada
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April 2 2009

The franchisor and the franchisee entered into a franchise agreement in 2005

Recent Ninth Circuit decision has important implications for franchise and other exclusive dealing relationships in California

Seyfarth Shaw LLP
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USA
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March 3 2009

In Comedy Club, Inc. v. Improv West Associates, 553 F. 3d 1277 (9th Cir. January 29, 2009), the Court recently held that in-term (during the term of contractrelationship) covenants not to compete in “franchise-like” agreements governed by California law are void if they foreclose competition in a substantial share of a business, trade, or market

The Ninth Circuit's Comedy Club, Inc. v. Improv West Associates decision is no laughing matter for franchisors

Seyfarth Shaw LLP
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USA
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February 25 2009

After obtaining a sweeping nationwide injunction from an arbitrator that enjoined licensee Comedy Club, Inc. (“CCI”) from opening any new comedy clubs until 2019 pursuant to a trademark license agreement, licensorcompetitor Improv West Associates (“Improv”) could not have been in the mood for laughs when the U.S. Court of Appeals for the Ninth Circuit modified the arbitrator’s injunction by significantly narrowing its scope and breadth

Key elements of franchising from an IP perspective

United Trademark & Patent Services
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Pakistan
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January 28 2009

A full understanding of the concept of franchising may be established by considering the different definitions of the concept adopted by various authorities and organisations

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Search results

General Counsel update - legal guide edition 32

Code red: IP licence held to be a franchise

Where’s the “beef”? Sublicensing qualifies for Virginia addback exception

A modular accommodation unit by any other name: the broad reach of the Franchising Code of Conduct

The São Paulo Court of Justice creates a special chamber for commercial law

Automotive alert: district court enjoins dealer from using Harley-Davidson trademarks

The court issues a safeguard order to prevent serious damages to the franchisor’s reputation and trademarks

Recent Ninth Circuit decision has important implications for franchise and other exclusive dealing relationships in California

The Ninth Circuit's Comedy Club, Inc. v. Improv West Associates decision is no laughing matter for franchisors

Key elements of franchising from an IP perspective

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