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Protecting "Cracker Barrel" trademark: Kraft Foods has good week, Starbucks and Cracker Barrel do not

USA - November 26 2013 As was widely reported, on November 12, Kraft Foods won a $2.23 billion arbitration award against Starbucks arising from Starbucks' early termination…

Is a limited liability company bound by its own operating agreement?

USA - July 7 2010 A limited liability company is commonly regulated by an operating agreement.

Trademark Infringement Suit That Should Not Have Been

USA - March 17 2016 Often trademark infringement suits result from the unanticipated intersection of two apparently unrelated products or services. Sometimes the alleged…

Another Illinois Case Decides When an Asset Purchaser is Responsible for Liabilities as a Mere Continuation of the Seller

USA - June 1 2017 In our Risk Management Update of December 23, 2015, we discussed an Illinois case that had to decide when a successor entity purchasing the assets of…

Exclusive is a dangerous word to use in agreement

USA - March 2 2015 Many sales and distribution agreements purport to grant "exclusive" rights to a distributor or sales representative. A recent 7th Circuit Court of…