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Jeffrey Stephen Fabian

Jeffrey Fabian’s Legal Guides

17 total


  • Franchise Law Case Summaries

    Franchisor Liability for Franchisee Conduct Myers v. Garfield Johnson Enterprises, Inc. (E.D.Pa. 2010) An employee of a franchisee sued the franchisor for sexual harassment arising out of the franchisees alleged unwelcome sexual remarks and other improper conduct. In denying th...

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  • Copyright Law Case Summaries

    Joint Authorship Janky v. Lake County Convention and Visitors Bureau (7th Cir. 2009) A relatively minor contribution in terms of percentage of the total copyrightable work may still qualify the contributor for joint authorship where the contribution makes the work commercially ...

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  • Trademark Law Case Summaries

    Enforcement Efforts Demonstrate Suggestiveness of Trademark - In re Murad, Inc. (TTAB 2010) The Trademark Trial and Appeal Board (TTAB) reversed a USPTO examining attorneys refusal to register Perfecting Serum on the Principal Register on the grounds that the mark was merely des...

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  • Franchise Relationships 101 – An Overview of the Franchise Disclosure and Negotiation Process

    The economic impact of franchising is undeniable. According to the International Franchise Association, franchising accounts directly for more than 8% of private sector jobs nationally, and more than 3% of all establishments in the United States are franchised businesses. Fabian...

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  • My Trademark is Registered—So...What Can I Use and What Can I Use it On?

    So, youve made it. Whether it went through uncontested or you had to respond to Office Actions and defeat third-party challenges, your trademark registration application has officially been approved by the USPTO. Now, you know that the trademark registration provides you with su...

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  • An Introduction to Trademarks – from Selection to Enforcement

    For any entrepreneur contemplating a new business venture, one thing that inevitably comes to mind early in the development process is the need to adopt a unique and recognizable brand name under which to market the businesss products or services. This is rightfully so. Indeed, a...

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  • DOs and DON’Ts for Prospective Franchisees

    For individuals and groups of partners or investors considering pursuing a franchise opportunity, there are several important steps to be taken and considerations to be had before committing to any particular franchise system. This article discusses some basic dos and donts (wit...

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  • DMCA Agent Designation—An Important Step for Obtaining Safe Harbor from Copyright Infringement

    The Digital Millennium Copyright Act (DMCA) provides important protections for interactive website operators who comply with the Acts safe harbor provisions. Websites that can benefit from DMCA compliance include: blogs that accept guest submissions; social media sites; file and...

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  • Why your "idea" is not protected by copyright law, and what you can do about it

    It is a common misconception among many business people and creative professionals that copyright law or some other law inherently protects their "ideas" from misappropriation. In fact, copyright law does not protect ideas themselves, but only protects creative expressions of id...

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  • Legal Representation for Individual-Sport Athletes

    For most professional individual sport athletes, aside from competition awards, sponsorship, endorsement and licensing contracts represent the lifeblood of their existence and the road to ultimate financial stability through their craft. When pursuing these types of income-produ...

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