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Changes to Canadian Competition Law ( June 2005 )
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. -
Know the Facts When Going After Competitor With Similar Slogans ( November 2003 )
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. -
The Economics of H-1Bs: A Call to Strengthen the System ( October 2004 )
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. -
"Ours Works Better": Use Of A Competitor's Trademark In Advertising ( December 2004 )
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. -
Business & Professions Code §17200 Reform Proposals, Past And Future ( October 2004 )
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 Application Of Business & Professions Code §17200 To Securities Transactions --Will Bowen v. Ziasun Technologies Survive? ( June 2004 )
The California Court of Appeal decision in <i>Bowen v. Ziasun Technologies, Inc.</i> imposed a significant new limitation on the scope of California Business and Professions Code §17200, holding that the statute does not apply to "securities transactions." The <i>Bowen</i> opinion purported to be a case of first impression, however it was handed down in the wake of a large body of cases from other states addressing whether their own unfair competition laws apply to securities claims, and a number of federal cases discussing the overlap between 17200 and the federal securities laws. Far from being the last word, <i>Bowen</i> reflects a split of authority on the application of 17200 to securities transactions. This article will briefly review the reasoning of the <i>Bowen</i> opinion and attempt to identify the arguments future courts and litigants may rely on to support or oppose the application of 17200 to securities transactions.
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