Business & Professions Code §17200 Reform Proposals, Past And Future
Karl D. Belgum and Charles M. Dyke of Thelen LLP
One of the striking things about Business & Professions Code §17200 is the number and variety of proposals that have been made to amend the statute over the years. As election day 2004 approaches, and voters have to decide whether to adopt this year's reform proposal, Proposition 64, they may ask themselves not only whether §17200 needs fixing, but also whether the current ballot initiative is the best solution.
The Economics of H-1Bs: A Call to Strengthen the System
Thomas W. Hildreth of McLane, Graf, Raulerson & Middleton, P.A.
While the federal government holds the monopoly on issuing visas, the United States does not have a monopoly on the best and the brightest minds in cutting edge technology fields. When it works well, the H-1B visa program provides a reasonably streamlined, efficient and predictable means for a US company to employ in our country highly skilled foreign workers for temporary periods up to six years.
ISNI to Oppose GE/Innoserve Settlement
Ronald S. Katz of Coudert Brothers LLP
If I recall my American history correctly, one of our founding fathers said of the colonies before the revolution something to the effect that we should all hang together or else we will surely hang separately. Unwittingly that founding father was also stating the basis for modern-day trade associations, which provide the strength in numbers to accomplish things that individual members either cannot or do not want to do.
Convergence Of Powers In The New Media Sector And How It Relates To Competition Law
Michael M Sax of Michael M. Sax
Mr. Sax raises interesting questions regarding competition law in the light of the new media sector.
Changes to Canadian Competition Law
Robert E Kwinter of Blake, Cassels & Graydon LLP
In addition to a high level of sustained enforcement activity, Canada's competition regime continues to undergo a great deal of change and re-examination.
Benchmarking and the Antitrust Laws
Pillsbury Winthrop Shaw Pittman LLP
This article reviews the practice of benchmarking between two companies and the impact of this activity on antitrust laws.
Protection of Graphic Characters
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines the scope of legal protection afforded to graphic characters under intellectual property and unfair competition law.
DOJ/FTC Guidelines for Collaborations Among Competitors
Nixon Peabody LLP
This article reviews the Federal Trade Commission and the Department of Justice's Antitrust Guidelines for Collaboration Among Competitors. These guidelines help to explain how the FTC and DOJ's analyze certain antitrust issues raised by collaboration among competitors.
California Legislature Eliminates "Disgorgement Provisions" In Proposed Amendments to B&PC 17200
Nixon Peabody LLP
The California State Assembly has approved further amendments to Senate Bill 122 ("SB 122") to reform California Business and Professions Code section 17200, California's unfair competition law ("UCL"), which prohibits unlawful, unfair, or fraudulent business acts or practices, and is thus extremely wide in its scope.
Exclusive Teaming Agreements and Competitor Collaborations: Friends or Foes of Competition?
Scott M. McCaleb of Wiley Rein LLP
This article summarizes the Justice Department and the Federal Trade Commissions' proposed guidelines relating to potential anti-competitive impact on exclusive teaming agreements on federal procurement contracts.
Differing Perspectives on Kodak
Ronald S. Katz of Coudert Brothers LLP
Since the Supreme Court's opinion in Eastman Kodak Co. v. Image Technical Services, Inc., 112 S. Ct. 2072 came down, critics and practicing attorneys in the antitrust field have differed greatly on the impact and importance of the Kodak ruling.
Protection of Literary Titles
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article focuses on the protection afforded to literary titles by trademark and unfair competition law.
Quo Vadis Microsoft?
Neil A. Campbell of Lexpert
It seems everywhere you turn these days, someone is talking about Microsoft.
The Benefits and Burdens of Kodak from a Litigant's Perspective
Ronald S. Katz of Coudert Brothers LLP
As co-counsel for plaintiffs in the Kodak case, we were obviously pleased by the result, which went beyond the Nin.
Know the Facts When Going After Competitor With Similar Slogans
Scott D. Marrs of Beirne, Maynard & Parsons, L.L.P.
Under the Lanham Act, Federal Trade Commission and many states' statutes, an advertiser must substantiate its claims. Industry or proprietary research or testing is generally used to determine whether a particular claim is substantiated, although courts will look to the overall impression the advertising or marketing conveys to the consumer.
Competition Law
Robert E. Kwinter and Brian A. Facey of Blake, Cassels & Graydon LLP
In addition to a high level of sustained enforcement activity, Canada 's competition regime continues to undergo a great deal of change and re-examination.
Frequently Asked Questions Regarding Intellectual Property
Barry Fischer
Q. For several years, I have been using a logo a friend designed for my business. My clients repeatedly compliment .
Recent Decision Casts Doubt on Scope of Section 17200 in Cases Involving Securities Transactions
Karl D. Belgum and Adam Brezine of Thelen LLP
California's unfair competition law - Business and Professions Code ç17200 - imposes civil liability for "any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising." A recent California appeals court decision purports to impose a significant new limitation on the scope of ç17200, holding that the statute does not encompass actions arising out of "securities transactions."
"Ours Works Better": Use Of A Competitor's Trademark In Advertising
Joy J. Wildes and Brooke Erdos Singer of Davis & Gilbert LLP
Using a competitor's trademark in your company's advertising can be a highly effective positioning tool and may lead to significant economic gains. Under certain conditions, use of a competitor's trademark in your advertising is legal in the United States. This type of use can showcase specific strengths or features of your company's products or services, in direct relation to those of your competitor.
Caltech Antitrust Case by CLEC Against Pacific Bell Proceeds to Trial
Morrison & Foerster LLP
This article discusses an antitrust lawsuit filed against Pacific Bell that alleges Pacific Bell monopolized local exchange service in California by preventing customers from switching to Caltech.
Judge Sporkin: Microsoft's Unwitting Ally
Ronald S. Katz of Coudert Brothers LLP
On February 14, 1995, Federal Judge Stanley Sporkin refused to approve the consent decree negotiated between the U.
Issues Arising After a Shareholder-Employee Departure
Schneider & Onofry, P.C.
If a business is dissolving, then it must review all of its current contracts and make plans accordingly. Simply closing up shop and leaving others hanging is likely to lead to breach of contract claims. Contractual and/or fiduciary issues may also apply to the loss of certain individuals.
Point of Entry: Competiton Law
Marzena Czarnecka of Lexpert
It's not against the law to be a monopoly in Canada, as Air Canada so ably demonstrates. It's simply how you arrive at that point that may be called into question by the commissioner of competition. Thanks to the Competition Act's milestone amendments in 1986, these transgressions are no longer criminal, merely civil. That's good news for the Canadian competition bar, where the players are few, the stakes immense and the competition predatory.
Emerging State Law Claims Prompted by Patent Enforcement
Paul C. Van Slyke of Locke Lord Bissell & Liddell LLP
At first glance, it would appear that state law would have no place in a patent dispute. As experience has dictated, this is simply not the case. From establishing declaratory judgment jurisdiction in a tenuous forum to adding a litany of potent counterclaims, state law can be used (or used against you) during the course of patent litigation in a variety of ways.