I. Priority A. Who used the mark first??? · Senior user has the right to sue junior users for infringement. · Mark must be “used” in commerce to have priority….
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I. Agency, Distribution and Franchising – definitions A. Article 710 of the Brazilian Civil Code defines agency where one assumes, on a habitual basis and with no subordination, the obligation…
I. Building an effective infrastructure for compliance programs A. The compliance mission: 1. Try to prevent bribery and corruption; but, if detected, the company must respond appropriately B. Key components…
I. Overview A. What is a Risk Assessment? B. What are the Steps for Conducting an Effective Risk Assessment? C. What Do You Do with the Risk Assessment? D. (Virtual)…
I. Which are the most common figures that are used for selling products to the Mexican market? A. Supply B. Distribution C. Agent/Sales representative D. Branch/Subsidiary You need to be…
I. Introduction. Often given short shrift in contract negotiations, force majeure clauses surged to the forefront of many attorneys’ discussions with their clients regarding their legal rights and…
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I. Introduction A. Who does this apply to? 1. Franchisors 2. Entities using independent contractors/sub-contractors 3. Companies with inter-connected operations using the same workers B. The Legal Standards C. Two…
I. Overview A. If you are growing your international distribution presence, then you likely will be subject to international arbitration provisions in your contract 1. International arbitration provides for a…
I. Overview of Statutory Background A. It is important to understand how your channel-partner relationship is defined. Numerous state statutes regulate the relationship between suppliers/manufacturers and their franchisees, dealers/distributors, and/or…