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Results: 1-8 of 8

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

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • 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

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

  • Jones Day
  • -
  • USA
  • -
  • 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

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

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

The end of business method patents in franchising?

  • Wiley Rein LLP
  • -
  • USA
  • -
  • December 11 2008

Business method patents can be used to assert intellectual property rights in innovative methods of doing business

Mischaracterization of relationship violates trademark rights

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 28 2008

Addressing issues of trademark infringement, the U.S. Court of Appeals for the Fifth Circuit affirmed the U.S. District Court for the Western District of Texas’ grant of an injunction in favor of a restaurant franchisor under the Lanham Act

What part of “in no other manner” didn’t you understand?

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 17 2008

Stanley Steemer licensed AAA Abachman to operate a carpet and upholstery cleaning business under the Stanley Steemer name

Grant of nonexclusive trademark license bars chapter 11 franchisee’s assumption of franchise agreement

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 25 2007

In a case of apparent first impression, U.S. District Court Judge Alan S. Gold recently held in In re Wellington Vision, Inc., No. 06-80446, __ B.R. ___, 2007 WL 762398 (S.D. Fla. Feb. 20, 2007), that a franchisee in chapter 11 cannot assume (i.e., retain) a franchise agreement that grants a nonexclusive trademark license, leaving the franchisor free to terminate the agreement