The long awaited ruling in Mission Products Holding, Inc. v. Tempnology LLC (In re Tempnology) has simplified the intersection of bankruptcy and trademark law, with the court holding that rejection “constitutes a breach” of an executory contract and not an irrevocable termination of the contract.

Tempnology licensed clothing and accessories to Mission Products, 

The intersection of franchise law and general corporate law is extensive. A recent decision in the Michigan Court of Appeals (Court) highlights the importance of thoroughly understanding and considering the ramifications of transactions involving both spheres of law.

In Retail Works Funding LLC v. Tubby’s Sub Shops Inc. and JB Development LLC, the plaintiff

Arbitration clauses are a staple of modern contract law.  As a plethora of cases show, public policy highly favors arbitration, and where the enforceability of an arbitration clause is at issue, courts will generally find in favor of arbitration.  In turn, arbitration clauses have become common in franchising agreements.  Through arbitration clauses, franchisors can require

Contributed by Chris Kinkade

Only the owner of a trademark has standing to enforce rights under that trademark (limited exceptions exist, such as for exclusive licensees).  This may seem like common sense, but all too often shareholders and executives of companies file for trademark registration in their own personal names.  Not only does this devalue

Contributed by Tris Fall

For better or worse, not all franchises last forever.  For various reasons, a franchise relationship sometimes terminates – sometimes on amicable terms; other times, not so much.  Unless the franchisee is subject to a non-compete covenant, the franchisee often continues in the same business as the franchise operation, even after the

Contributed by James Singer

Trademarks are one of the most essential building blocks to a franchise brand. We all immediately recognize what the Golden Arches, the block red “GNC”, or the Sheraton “S” surrounded by a sprig of mountain laurel represent. So, we took great interest in a number of recent trademark decisions involving the spirits industry.

I feel like a manager in an old Kmart, announcing a Blue Light Special. Only this light is flashing bright RED.

Well, here goes. Attention Readers: this is your final warning. Owners of registered trademarks that are not active in the adult entertainment industry may “opt out” of having those trademarks sold as part