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Expansion of Employee Retaliation Protection
Actions that employers should take in response to the Supreme Court's expansion of employee retaliation protection provided by Title VII.
Defeating a Motion to Dismiss a Franchise Case in Federal Court
A motion to dismiss a complaint in federal court is a relatively inexpensive method to terminate litigation against a defendant. It has the advantage of not revealing the strategy of the defendant’s case while putting the plaintiff in the position of losing his case at the very beginning of litigation. If the defendant loses his motion to dismiss the complaint, he has lost virtually nothing, while the loss of the motion by the plaintiff is devastating. While a motion to dismiss the case can be appealed, the better course of action is to prevail at the district court level. Therefore, a plaintiff must make all possible efforts to defeat this motion.
Using a Photograph for Commercial Purposes - Copyright and Right of Publicity Law
If you are in business, chances are that you are involved in some sort of advertising or promotion for your goods and services. Say that you give out some of your products to a celebrity and photograph her with the products. Can you now use that photograph in your advertising? Or perhaps you learn that a famous football player has been using your product. Can you use his name in promoting your product? What if you just want to use the name or picture of an individual with no claim to fame? And what if you didn’t take the picture yourself and instead just found it on the Internet?

Other plaintiff Related Articles

Passing Off and the Protection of Trade Dress in Franchising
Trade dress can be protected at common law through the tort of passing off. When trade dress is registered, or registrable under the Trade-Marks Act as a distinguishing guise, it can also be protected through the statutory action found in s. 7(b) of the Trade-marks Act which codifies the common law tort of passing off. A plaintiff must demonstrate goodwill, deception due to a misrepresentation and actual or potential damages. Under the statutory action a plaintiff must further show that the action concerns a trade-mark within the meaning of the Trade-marks Act. franchise lawyer ontario london toronto attorney franchisor franchising www.franchiselaw.ca
Remedy for Trade Mark Infringement India
No suit for infringement of a registered trade mark or suit relating to any right in a registered trade mark or for passing off arising out of the use by the defendants of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or not shall be instituted in any court inferior to a district court having jurisdiction to try the suit. Procedure followed The procedure followed in the disposal of the suit is as laid down in code of civil procedure, 1908. Period of limitation Under the limitation Act, 1963, the period of limitation for filing a suit for infringement of a trade mark is three years from the date of infringement. Where the infringement is a continuing one, a new course of action arises every time is infringement occurs.

Defeating a Motion to Dismiss a Franchise Case in Federal Court
A motion to dismiss a complaint in federal court is a relatively inexpensive method to terminate litigation against a defendant. It has the advantage of not revealing the strategy of the defendant’s case while putting the plaintiff in the position of losing his case at the very beginning of litigation. If the defendant loses his motion to dismiss the complaint, he has lost virtually nothing, while the loss of the motion by the plaintiff is devastating. While a motion to dismiss the case can be appealed, the better course of action is to prevail at the district court level. Therefore, a plaintiff must make all possible efforts to defeat this motion.
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