News Briefs

'The .mobi domain was created to resolve problems that are commonly experienced when trying to view Web sites from portable handsets,' said Adam Aberra, an associate in the Franchise and Distribution Practice Group of DLA Piper US LLP. '[For franchisors, .mobi supports] increased public access to the Internet in a world where four mobile phones are purchased for every one personal computer.'

Applications to register domain names on the .mobi register began on Sept. 26, 2006, on a first-come, first-served basis. An earlier 'Sunrise Registration Period' ran from June 12 to Sept. 22, 2006, during which only trademark owners could file an application to register their own marks in the .mobi registry.

'All domain names that were registered during the Sunrise Registration Period will still remain subject to challenge under a policy administered by the World Intellectual Property Or-ganization Arbitration and Mediation Center ('WIPO'),' said Lee Plave, partner in the DLA Piper US LLP Franchise and Distribution Practice Group and chair of the firm's Domain Name Practice Group. Through WIPO, the holder of a registered trademark may challenge a previously registered .mobi domain name that allegedly infringes upon its trademark. During the challenge process, the challenger will have to make the case that it is actually the more appropriate holder of a domain name that corresponds to its trademark. It is important to note, however, that challenges can only be made against domain names filed during the Sunrise Registration Period, and challenges must be filed with WIPO before Dec. 15, 2006, Plave said.

Paperwork Foul-Up Sends Illegal Immigrants to Court Against Wendy's

When Wendy's International Inc. purchased a controlling share of Caf' Express in 2002, the company inherited an employee problem that it didn't know about. Now that it's too late to solve the problem, Wendy's is being sued by former employees because a law firm allegedly missed a filing deadline.

Seven lawsuits have been filed by illegal immigrants who formerly worked for Wendy's and, prior to that, Caf' Express. The employees were fired in September after Wendy's learned that instead of the immigrants being on the path to having standing as legal U.S. residents, the law firm hired on their behalf had allegedly missed a deadline for filing immigration papers 5 years ago. Houston law firm Boyar & Miller, which was responsible for filing the papers, allegedly missed a deadline in 2001 and, according to the lawsuit, did not inform representatives of Caf' Express, Wendy's, nor the affected workers.

A class action lawsuit has been filed in Dallas County District Court; and six companion lawsuits have been filed in Dallas and Houston district courts, and will be subsumed if class action status is granted. Wendy's, Caf' Express, two law firms, and 10 individual attorneys are cited in the lawsuits.

'This is a tragic situation,' said Stan Broome, partner, Howie, Broome & Bobo, LLP (Dallas), which is representing the fired employees. 'There is no legal remedy under the statutes. Not only have my clients lost their jobs ' I have advised them that they cannot legally remain in the country. It is very difficult for me to meet with my clients, in their homes, and to hear them say, I just want my immigration problem fixed ' and I can't do it.'

Under the Legal Immigration and Family Equity Act of 2000, undocumented immigrant workers were allowed to file for permanent residency status. The one-time opportunity was dependent upon filing an Alien Labor Certification Application by April 30, 2001, according to Broome.

Caf' Express was one of many employers that set up a program to file the certifications, and it began withdrawing $25 per week from each employee's paycheck to pay for the job. However, the paperwork allegedly was not filed on time by Boyar & Miller, and the workers now have no recourse. Wendy's was informed of the alleged mistake in July 2006, and it fired all the workers on Sept. 15, in order to comply with federal law. Immigrants in the program would have been insulated from being fired.

Wendy's did not return phone calls and e-mail requests for comment.

While agreeing that Wendy's inherited the situation, Boone faults the company for not identifying the problem during due diligence and for allowing the workers to be given incorrect information about their immigration status for several years. 'From the time that Wendy's bought Caf' Express until this summer, the human resources department of Wendy's continued to withdraw $25 per week from the paycheck of these employees for legal services that were not delivered. Also, the HR department regularly sent the workers letters telling them that their applications were on track ' and which had the implicit threat that they would lose their immigration status if they stopped working for the company,' said Boone. 'The fact that my clients stayed in high-turnover jobs, such as dishwasher, for years and years indicates the power of this implicit threat.'

Wendy's and Broome had preliminary talks at which, according to Broome, Wendy's acknowledged a problem. But Wendy's refused to share with the attorneys a list of all the affected former employees, which Broome estimates to be 75 to 100.

Franchisors Should Secure Domain Names for Mobile Web Devices

Another new domain name has been introduced, and franchisors are advised to secure the domain for their brand names.

The 'dot mobi' name, seen as .mobi, is designed for Web sites accessed by people through fast-expanding mobile Web devices, including mobile phones, Personal Digital Assistants, and more. With the ever-expanding availability of broadband wireless Internet service, this foreshadows a new way for franchisors to reach their customers in a new setting, 'on the go.'

'The .mobi domain was created to resolve problems that are commonly experienced when trying to view Web sites from portable handsets,' said Adam Aberra, an associate in the Franchise and Distribution Practice Group of DLA Piper US LLP. '[For franchisors, .mobi supports] increased public access to the Internet in a world where four mobile phones are purchased for every one personal computer.'

Applications to register domain names on the .mobi register began on Sept. 26, 2006, on a first-come, first-served basis. An earlier 'Sunrise Registration Period' ran from June 12 to Sept. 22, 2006, during which only trademark owners could file an application to register their own marks in the .mobi registry.

'All domain names that were registered during the Sunrise Registration Period will still remain subject to challenge under a policy administered by the World Intellectual Property Or-ganization Arbitration and Mediation Center ('WIPO'),' said Lee Plave, partner in the DLA Piper US LLP Franchise and Distribution Practice Group and chair of the firm's Domain Name Practice Group. Through WIPO, the holder of a registered trademark may challenge a previously registered .mobi domain name that allegedly infringes upon its trademark. During the challenge process, the challenger will have to make the case that it is actually the more appropriate holder of a domain name that corresponds to its trademark. It is important to note, however, that challenges can only be made against domain names filed during the Sunrise Registration Period, and challenges must be filed with WIPO before Dec. 15, 2006, Plave said.

Paperwork Foul-Up Sends Illegal Immigrants to Court Against Wendy's

When Wendy's International Inc. purchased a controlling share of Caf' Express in 2002, the company inherited an employee problem that it didn't know about. Now that it's too late to solve the problem, Wendy's is being sued by former employees because a law firm allegedly missed a filing deadline.

Seven lawsuits have been filed by illegal immigrants who formerly worked for Wendy's and, prior to that, Caf' Express. The employees were fired in September after Wendy's learned that instead of the immigrants being on the path to having standing as legal U.S. residents, the law firm hired on their behalf had allegedly missed a deadline for filing immigration papers 5 years ago. Houston law firm Boyar & Miller, which was responsible for filing the papers, allegedly missed a deadline in 2001 and, according to the lawsuit, did not inform representatives of Caf' Express, Wendy's, nor the affected workers.

A class action lawsuit has been filed in Dallas County District Court; and six companion lawsuits have been filed in Dallas and Houston district courts, and will be subsumed if class action status is granted. Wendy's, Caf' Express, two law firms, and 10 individual attorneys are cited in the lawsuits.

'This is a tragic situation,' said Stan Broome, partner, Howie, Broome & Bobo, LLP (Dallas), which is representing the fired employees. 'There is no legal remedy under the statutes. Not only have my clients lost their jobs ' I have advised them that they cannot legally remain in the country. It is very difficult for me to meet with my clients, in their homes, and to hear them say, I just want my immigration problem fixed ' and I can't do it.'

Under the Legal Immigration and Family Equity Act of 2000, undocumented immigrant workers were allowed to file for permanent residency status. The one-time opportunity was dependent upon filing an Alien Labor Certification Application by April 30, 2001, according to Broome.

Caf' Express was one of many employers that set up a program to file the certifications, and it began withdrawing $25 per week from each employee's paycheck to pay for the job. However, the paperwork allegedly was not filed on time by Boyar & Miller, and the workers now have no recourse. Wendy's was informed of the alleged mistake in July 2006, and it fired all the workers on Sept. 15, in order to comply with federal law. Immigrants in the program would have been insulated from being fired.

Wendy's did not return phone calls and e-mail requests for comment.

While agreeing that Wendy's inherited the situation, Boone faults the company for not identifying the problem during due diligence and for allowing the workers to be given incorrect information about their immigration status for several years. 'From the time that Wendy's bought Caf' Express until this summer, the human resources department of Wendy's continued to withdraw $25 per week from the paycheck of these employees for legal services that were not delivered. Also, the HR department regularly sent the workers letters telling them that their applications were on track ' and which had the implicit threat that they would lose their immigration status if they stopped working for the company,' said Boone. 'The fact that my clients stayed in high-turnover jobs, such as dishwasher, for years and years indicates the power of this implicit threat.'

Wendy's and Broome had preliminary talks at which, according to Broome, Wendy's acknowledged a problem. But Wendy's refused to share with the attorneys a list of all the affected former employees, which Broome estimates to be 75 to 100.