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Business Franchise Laws (handout) (8 pp) (relevancy score: 100%)

by Andre R. Jaglom, Esquire
from Product Distribution and Marketing (June 2, 2010)

Other substantive restrictions may include: New Jersey: ­ Limitations on adding franchisees in same area Value of franchisee's business ­ Freedom of franchisees to form For alcohol beverages, all licensees associations can be barred from purchasing from ­ Limitations on requiring purchases supplier form franchisor ­ Limitations on price increases without notice Providing Providing ©2009 Andre R. Jaglom ©2009 Andre R. Jaglom All rights reserved Solutions® All rights reserved Solutions® ...

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The Distribution Contract: Drafting Issues (handout) (8 pp) (relevancy score: 100%)

by Andre R. Jaglom, Esquire
from Product Distribution and Marketing (June 2, 2010)

Compensation on termination Providing Providing © 2009 Andre R. Jaglom Solutions® © 2009 Andre R. Jaglom Solutions® All rights reserved All rights reserved Supplier Duties Liability Advertising/Promotional SupportTraining Warranties Terms: Price, Quantity, Credit, Indemnification Delivery (UCC? Avoidance of franchise laws ­Privacy policy Providing Providing © 2009 Andre R. Jaglom Solutions® © 2009 Andre R. Jaglom Solutions® All rights reserved All rights reserved Arbitration Arbitration ...

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Distribution and Marketing on the Internet: Current Developments (handout) (8 pp) (relevancy score: 100%)

by Andre R. Jaglom, Esquire
from Product Distribution and Marketing (June 2, 2010)

Providing Providing © 2010 Andre R Jaglom © 2010 Andre R Jaglom All rights reserved Solutions® All rights reserved Solutions® Jurisdiction in U.S. Jurisdiction in U.S. Numerous cases hold Web site is not enough Minimum contacts with state Some find jurisdiction based on Web site · "Effects" Test? Information) Providing Providing © 2010 Andre R Jaglom © 2010 Andre R Jaglom All rights reserved Solutions® All rights reserved Solutions® 1 1118 Regulated Businesses ­ Caveat Communicator...

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Managing Distribution (handout) (8 pp) (relevancy score: 100%)

by Andre R. Jaglom, Esquire
from Product Distribution and Marketing (June 2, 2010)

Trade associations are no shelter Price suggestions Robinson-Patman Distributor complaintsDistributor relations Predatory pricing PromisesTort risk Providing Providing © 2010 Andre R Jaglom Solutions® © 2010 Andre R Jaglom Solutions® All rights reserved All rights reserved CONFIDENTIAL ­ YOUR EYES ONLY! Providing Providing © 2010 Andre R Jaglom Solutions® © 2010 Andre R Jaglom Solutions® All rights reserved All rights reserved Alternative Price List Transmittals Attached is a price list from...

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Vertical Price Restraints (handout) (8 pp) (relevancy score: 100%)

by Michael F. Brockmeyer, Esquire
from Product Distribution and Marketing (June 2, 2010)

1955 (2007) ­ Agreement · Express or implied from circumstantial evidence because of a breakdown of a Colgate Program meeting the requirements ofMonsanto · The alleged agreement involves a price restraint as defined in Business Electronics 2009® FROMMER LAW RENCE & HAUG LLP 10 VERTICAL PRICE RESTRAINTS Litigation Issues ­ Plaintiff's Perspective ­ Unreasonable Restraint of Trade · Injury to interbrand competition through interbrand price stabilization or increase · Define relevant market ...

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International Enforcement of Vertical Issues (handout) (18 pp) (relevancy score: 100%)

by Terry Calvani, Esquire
from Product Distribution and Marketing (June 2, 2010)

1140 2 1141 ali-aba 26th Annual Advanced Course of Study Product Distribution & Marketing INTERNATIONAL ENFORCEMENT OF Chicago VERTICAL ISSUES Terry Calvani Freshfields Bruckhaus Deringer LLP Formerly Member of the Board & Director of Criminal Cartel Division An tÚdarás Iomaíochta & Commissioner U.S. Federal Trade Commission TODAY'S AGENDA 1. Giving legal advice in the Union. 14 1155 Revised Vertical Agreements Block Exemption-- (effective 1 June 2010) 1. Market share of no more ...

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A Comparative Study of Distribution and Agency in Selected Latin American Judisdictions (handout) (22 pp) (relevancy score: 100%)

by Hernan Pacheco
from Product Distribution and Marketing (June 2, 2010)

the 10 e 20 sale representation Jun merica: Protectionism or A prompted review hatw agency in Latin ­ under and denominator 70´s trends Common Distribution 60 and Latest Jurisdictions INTRODUCTION 1161 awards or 10 e 20 Jun ocus Commerce F judgments of Conditions­ odeC foreignof ontract under legislation ofC Brokeror legislation flaw No special Freedom Agent Regulated Conditions Distribution, Agency, New Distribution Sales representation Antitrust Choice o Enforcement Termination CHILE 1162 ...

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Nonprice Vertical Restraints (handout) (38 pp) (relevancy score: 100%)

by Richard J. Wegener, Esquire
from Product Distribution and Marketing (June 2, 2010)

Minneapo 1183 Washington Irving na anghai, Chi Sh Mexico |rey, Monterlis | Minneapo 1184 4 tribution na anghai, Chi Sh counts Mexico |rey, Monterlis | ing History of Restricted Dis Dual Distribution Ty Exclusive Dealing Loyalty Discounts Bundled Dis Minneapo Today's Topics 1. 2. 3. 4. 5. 6. 1185 5 na anghai, Chi Sh Mexico |rey, Monterlis | HISTORY OF RESTRICTED DISTRIBUTION x Minneapo 1186 6 , 433 U.S. 36 (1977). Common Loyalty Discounts · · · Minneapo 1212 32 na anghai, Chi Sh BUNDLED ...

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Refusals to Deal and Dealer Terminations (handout) (40 pp) (relevancy score: 100%)

by Richard J. Wegener, Esquire
from Product Distribution and Marketing (June 2, 2010)

Minneapo Why This Matters 1249 31 na anghai, Chi Sh Mexico |rey, MARKET POWER SCREEN Monterlis | Minneapo 1250 32 (1988) (1986) (1998) (1984) (2007) na anghai, Chi Sh Spray-Rite Mexico |rey, Monter iness Electronics v. Sharp lis | Monsanto v. Matsushita Electric v. Zenith Bus NYNEX Corp. v. Discon, Inc. Bell Atlantic v. Twombly Minneapo Conspiracy 1251 33 na anghai, Chi Sh Reason Analysis Mexico |rey, Monterlis | Market Power Screen Full Rule of Minneapo The Rule Of Reason Analysis 1252 34 is...

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Why Pay 'Shampoo Boy' and Other Hair-Raising M&A Distribution Tales (handout) (16 pp) (relevancy score: 100%)

by Richard J. Wegener, Esquire
from Product Distribution and Marketing (June 2, 2010)

com h Sixth Sout AND OTHER egener@fredlaw | rw REDRIKSON & BYRON PA | 200 F 55402 | 612.492.7323 R | NEE olis, MN eapn ALI-ABA Product Distribution & Marketing Course of Study Chicago, IL June 4, 2010 RICHARD WEG 4000 | Min WHY PAY "SHAMPOO BOY" HAIR-RAISING M&A DISTRIBUTION TALES 1260 2 e Shanghai, China , Mexico | ision to Sell reyer Dec Due Diligenc Effect on the Distribution System The M&A Agreement "Only the Strong Survive" Why Pay "Shampoo Boy?" D Shanghai, China , ...

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Marketing Communications 2010 (handout) (54 pp) (relevancy score: 100%)

by Richard A. Kurnit, Esquire
from Product Distribution and Marketing (June 2, 2010)

Editorial content separated from the marketing and sales content Gorran v. Atkins (SDNY 2006) 2 1277 ADVERTAINMENT Internet FilmsFilm CompetitionsInteractive FilmsCommercial ­ website endingMobisodesWebisodes TRUTH IN ADVERTISING FALSE ADVERTISING False or misleading statement of fact Deceptive--material omission Likely to influence the purchasing decision ( Material) Injury Interstate commerce 3 1278 Truth in Advertising · Claims and substantiation· Puffery· Demonstrations· Endorsements· ...

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Intellectual Property Marketing Communications (handout) (96 pp) (relevancy score: 100%)

by Richard A. Kurnit, Esquire
from Product Distribution and Marketing (June 2, 2010)

49 1378 Press & Press Releases National Jeweler ­it's not advertising Electronic Retailer ­it's advertising Clorox investor presentation ­ it's advertising Press Release? Editorial content separated from the marketing and sales content Gorran v. Atkins (2d Cir. Must Be Truthful Description of the Content of the Publication Cher v. Forum (9th Cir 1982) Eastwood v. National Enquirer (9th Cir 1997) ) CONTENT?

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The Economics of Distribution (handout) (18 pp) (relevancy score: 100%)

by Kevin J. O'Connor, Esquire
from Product Distribution and Marketing (June 2, 2010)

5. Notwithstanding the "purposes" underlying vertical restraint agreements, it is important to analyze the effects on consumers--the so-called "consumer welfare effects," when evaluating vertical restraint agreements. 1. Producer Interests Coincide with Consumer Interests: The Chicago view is that by enhancing brand promotion, vertical restraints increase competition among producers (interbrand competition). The limited empirical work that exists does suggest that the elimination of ...

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American Needle, Inc. v. National Football League, et al. (no. 08–661; May 24, 2010) (24 pp) (relevancy score: 100%)

by
from American Needle: Supreme Court Sacks NFL for Loss of 9, Holding Joint Ventures Not Outside Reach of Sherman Act (July 13, 2010)

SUPREME COURT OF THE UNITED STATES Syllabus AMERICAN NEEDLE, INC. v. NATIONAL FOOTBALL LEAGUE ET AL. The teams, each of which owns its own name, colors, logo, trademarks, and related intellectual property, formed respon- dent National Football League Properties (NFLP) to develop, license, and market that property. V The NFL teams do not possess either the unitary deci sionmaking quality or the single aggregation of economic 16 12 AMERICAN NEEDLE, INC. v. NATIONAL FOOTBALL LEAGUE Opinion of ...

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American Needle, Inc. v. National Football League, et al.: Brief for Electronic Arts Inc., As Amicus Curiae Supporting the NFL Respondents (24 pp) (relevancy score: 100%)

by
from American Needle: Supreme Court Sacks NFL for Loss of 9, Holding Joint Ventures Not Outside Reach of Sherman Act (July 13, 2010)

EA produces high-quality sports video games such as Madden NFL Football under intellectual property licenses from sports leagues such as Respondent National Football League (NFL). In 2004 EA competed for and won licenses from the NFL`s licensing arm, Respondent National Football League Properties, Inc. (NFL Properties), and the licensing arm of the National Football League Players` Association, PLAYERS INC, in certain categories. The principles that render the NFL a single entity for ...

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The Supreme Court Passes on Clarifying Joint Venture Rules: American Needle, Inc. v. National Football League (10 pp) (relevancy score: 100%)

by Barbara T. Sicalides
from American Needle: Supreme Court Sacks NFL for Loss of 9, Holding Joint Ventures Not Outside Reach of Sherman Act (July 13, 2010)

50 The Supreme Court Passes on Clarifying Joint Venture Rules: American Needle, Inc. v. National Football League By Barbara Sicalides Pepper Hamilton LLP Philadelphia, PA For the first time in almost two decades, the U.S. Supreme Court has ruled in favor of a plaintiff in an antitrust action. Specifically, the Court held in American Needle, Inc. v. National Football League,1 that the decisions of a lawful joint venture entity remain subject to Section 1 of the Sherman Act's prohibition of ...

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Analysis of and Information About American Needle, Inc. v. National Football League (12 pp) (relevancy score: 100%)

by
from American Needle: Supreme Court Sacks NFL for Loss of 9, Holding Joint Ventures Not Outside Reach of Sherman Act (July 13, 2010)

Oral Argument Transcript (January 13, 2010) Merits Briefs Brief for Petitioner American Needle, Inc. Brief for Respondents NFL Brief for Respondent Reebok International LTD Reply Brief for Petitioner American Needle, Inc. 61 Amicus Briefs Brief for the National Football League Players Association, the Major League Baseball Players Association, the National Basketball Players Association, and the National Hockey League Players Association in Support of Petitioner Brief for the American ...

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Response to RFID Consortium LLC's Request for Business Review Letter (20 pp) (relevancy score: 100%)

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from American Needle: Supreme Court Sacks NFL for Loss of 9, Holding Joint Ventures Not Outside Reach of Sherman Act (July 13, 2010)

The Proposed Arrangement The structure of the proposed patent-licensing arrangement is embodied in four agreements: (A) a Limited Liability Company Agreement (LLC Agreement), creating the Consortium; (B) a Participant Agreement, under which entities holding essential UHF RFID patents grant nonexclusive rights to the Consortium to license such patents; (C) the Patent Portfolio License, a nonexclusive license of rights to a set of essential UHF RFID patents; and (D) the License Administrator ...

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The Economics of Distribution (26 pp) (relevancy score: 100%)

by
from Product Distribution and Marketing (June 2, 2010)

FREE RIDER AND FRED RYDER: "THE MYSTERIOUS AFFAIR OF THE LOOSE-KNIT VERTICAL AGREEMENT" III. 1 10 We begin with resale price maintenance or, more generally, the desire on the part of manufacturers of a branded consumer product to influence the downstream price of that product. A. RESALE PRICE MAINTENANCE (RPM) Definition: a contract in which a manufacturer and a downstream distributor (hereafter a retailer) agree to the price at which the product is sold to final customers.

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Vertical Price Restraints (18 pp) (relevancy score: 100%)

by Michael F. Brockmeyer, Esquire
from Product Distribution and Marketing (June 2, 2010)

Dr. Miles' analogy of vertical price restraints to horizontal price fixing is contrary to the Court's rejection in Business Electronics of application of the standard for horizontal price fixing to vertical price fixing. - 7 - 2-Brockmeyer- VERTICAL_PRICE_RESTRAINTS_2010_00758277_2.DOC 36 D. Reasons Why the Rule of Reason Applies to Vertical Price Fixing 1. The Court reasoned in Leegin that the rule of reason should apply to vertical price restraints because those restraints can have ...

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