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Court Watch
Preliminary Injunction Granted Against Former Franchisee's Trademark Use
The U.S. District Court for the Eastern District of Michigan has granted a preliminary injunction sought by American Dairy Queen, preventing a terminated franchisee from continuing to use American Dairy Queen's marks. Vander Vreken v. American Dairy Queen Corp. et al., 261 F.Supp.2d 821 (E.D. Mich. 2003).
After American Dairy Queen terminated Vander Vreken's franchise agreement for failure to comply with its quality and service standards, Vander Vreken sought and won a preliminary injunction in state court permitting it to continue to operate under American Dairy Queen's marks, but the U.S. District Court subsequently dissolved the injunction because it found that the stringent standard for entry of injunctive relief had not been met because neither party had established a strong likelihood of success on the merits. This ruling meant that American Dairy Queen had had the right to terminate the franchise agreement; nevertheless, Vander Vreken announced his intention to reopen the store following its winter closing, still bearing American Dairy Queen's trademarks, and the franchisor moved for a preliminary injunction preventing him from doing so.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.