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
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Trademark Licensees Beware: License at Risk in Franchisor Bankruptcy
Below is a Guest blog post authored by our own Michael Viscount:
A concern for franchisees is the impact on license agreements for intellectual property when the licensor files bankruptcy
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Successor Liability? Double-Check Those Assets!
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
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Does Your Arbitration Clause Have the Right Exceptions?
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
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Are You Sure You Own the Trademark for Your Brand?
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
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How Similar Is Too Similar: Inherent Risks in Mimicking a Franchise after Termination
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
Good News: Trademark Use after Licensor’s Bankruptcy
Contributed by Michael Viscount and Brian Isen.
What is the impact of a bankruptcy filing on the ability of a franchisee to continue utilizing the trademarks of the franchisor?
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Distilling trade dress law: Sixth circuit rules Maker’s Mark dripping wax seal is entitled to trademark protection
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
YourTrademark.XXX
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
The Top 5 Issues to Address when Franchising in Canada
Contributed by Elizabeth Sigety and guest blogger Joseph Adler
I, and others at Fox Rothschild, have had the distinct privilege of working with Joe Adler when our United States-based franchisor clients
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