The Wake Forest Journal of Business and Intellectual Property Law, (formerly the Wake Forest Intellectual Property Law Journal) publishes legal scholarship pertaining to a wide variety of topics within the fields of intellectual property law and business law, while attempting to focus specifically on the intersection between the two. Academics, practitioners, and students of the law look to the Journal as a source of current and historical analysis of developments in intellectual property law and its impact on the business community. Further, the Journal’s revised scope and mission attempts to create and integrate more practice friendly pieces in an attempt to become more relevant to the practicing business and legal community.
The Journal is one of three legal journals at Wake Forest University School of Law. The staff of the Journal is selected based on academic performance, achievement in an annual writing competition, and in some cases prior experience in intellectual property law.
The Journal publishes legal scholarship authored by academic faculty, practitioners, and students, and welcomes unsolicited submissions of high-quality legal scholarship. The Journal’s editors work closely with an Advisory Board of intellectual property attorneys to review articles and shape the content of each issue.
Volume 15 Board of Editors
The Journal would like to congratulate the new Volume 15 Board of Editors:
Andrew W. Powell, Editor-in-Chief — Rebecca S. Winder, Managing Editor — Hannah Nicholes, Manuscripts Editor — Brinson Taylor, Symposium Editor — Bray Taylor, Marketing Editor — Caitlin S. Hale, Development Editor — Erica L. Navalance, Senior Notes and Comments Editor — Jeb S. Vaughn, Notes and Comments Editor — Joshua R. Adams, Notes and Comments Editor — James P. Miller, Executive Articles Editor — Ashley N. Quaranta, Executive Articles Editor — B. Chase Smith, Executive Articles Editor — Christine Carr York, Articles Editor — Jingbang (Rex) Li, Articles Editor — Alexander R. Telarik, Articles Editor — Scott L. McEvoy, Articles Editor.
Spring 2014 Symposium: Franchise Law in the Current Economic and Regulatory Environment
The Wake Forest Journal of Business and Intellectual Property Law publishes legal scholarship pertaining to a wide variety of topics within the fields of intellectual property law and business law, while attempting to focus specifically on the intersection between to the two. To that end, the journal will host and publish a symposium on Friday February 28, 2014 pertaining to franchise law, an area of the law that particularly incorporates both business and intellectual property law.
In particular, the symposium will bring together a range of practitioners and scholars to explore and discuss both the business and legal aspects of the franchise industry on both the domestic and global platform. Given the uncertainty of the current economy, political change, and newly enacted regulation, many franchises around the world will undoubtedly be affected in the near future. With these issues in sight, the journal seeks to educate attendees on the basics of franchise law, and provide an in-depth review of its importance in the market going forward.
The Wake Forest Journal of Business and Intellectual Property Law is seeking approval from the North Carolina Bar Association to offer CLE credit to attorneys who attend our symposium. We are confident that this symposium will be informative and benefit the North Carolina legal community. The symposium will run a total of 5 hours, from 8:30 a.m. to 2:30 p.m. with a one- hour lunch break. A complete list of speakers with a brief description of their qualifications and detailed abstract of their respective presentations is below. The tentative schedule is as follows.
8:30 a.m. Breakfast and Check-In
8:45 a.m. Opening Remarks by Dean Blake Morant
9:00 a.m. Professor Robert Emerson – Basics of Franchise Law
9:40 a.m. Michael Garner – Basics of Franchise Law
10:20 a.m. Question & Answer Session for Professor Emerson and Michael Garner
10:40 a.m. Jon Neiditz – Critical Privacy and Information Security Loss Prevention
11:20 p.m. Barry Benjamin – Contests and Sweepstakes
12:00 p.m. Question & Answer Session for Jon Neiditz and Barry Benjamin
12:20 p.m. Break for Lunch
1:20 p.m. Jamila Granger – “Doing a Deal” Role Play
2:00 p.m. Darryl Marsch – Legal Issues in Domestic and International Franchising
2:40 p.m. Question & Answer Session for Jamila Granger and Darryl Marsch
3:00 p.m. Concluding Remarks
Our target audience for this symposium is comprised of local attorneys, judges, academics, and students. We hope that this presentation will teach our audiences about the evolving area of franchise law as it pertains to the current and future economic and regulatory environment, and enlighten each audience member on the intersection of business and intellectual property law in this growing field.
PROFESSOR ROBERT EMERSON
Professor Robert Emerson is the Huber Hurst Professor of Business Law at the University of Florida, and currently serves as the Senior Articles Editor for the American Business Law Journal. In particular, Professor Emerson focuses his research in the area of franchise law. His presentation, along with the presentation of Michael Garner (see below), will provide the audience with the basics of franchise law. Topics include defining a franchise, discussing the current regulation of franchising, and discussing the various types of franchise law.
W. MICHAEL GARNER
W. Michael Garner is an American franchise and distribution law attorney based out of Minneapolis, Minnesota who represents franchisees, dealers, and distributors. Mr. Garner is also the author of Franchise and Distribution Law and Practice, a three-volume legal treatise, and editor of the Franchise Desk Book, a reference work for franchise lawyers published by the American Bar Association. Mr. Garner will focus his presentation on the importance of trademarks in the franchise industry. Topics discussed by Mr. Garner will include trademark rights pursuant to registration, loss of trademark rights, implications of trademark ownership, and trademark issues particular to franchising.
Jon Neiditz is a partner with Kilpatrick Townsend in the firm’s Atlanta office and focuses his practice in the areas of transactional intellectual property and privacy and information security. Mr. Neiditz will be presenting on the topic of critical privacy and information security loss prevention for the franchisor and large franchisee.
Barry Benjamin is a partner with Kilpatrick Townsend in the firm’s New York office and focuses his practice in the areas of advertising litigation and intellectual property litigation. Mr. Benjamin will be presenting on the legal aspects of contests and sweepstakes as they pertain to the franchise industry.
Jamila Granger currently serves as General Counsel at Primos Water Corporation. Mrs. Granger will conduct a “mock deal” comprised of a regulator, in-house counsel, and a sales individual from Krispy Kreme. Through the interactions of these three individuals, the audience will be exposed to the intricacies of a real deal, and better understand how information from the prior presentations is applied in the everyday practice of franchise law.
DARRYL MARSCH — *KEYNOTE SPEAKER*
Darryl Marsch currently serves as Senior Vice President, General Counsel and Secretary at Krispy Kreme in Winston-Salem, North Carolina. Mr. Marsch will provide an overview of legal issues in domestic and international franchising and provide a practical perspective on franchise disclosure regulation, franchisee selection, and franchise termination proceedings. Topics of discussion will include the trademark and trade secret protection, anti-corruption legislation, tariffs, and international food-safety regulation.
Volume 14 Board of Editors
Volume 13 Board of Editors
October 26, 2011
The Board of Editors welcomes new staff members Nick Harper and Mark Vaders. Nick and Mark stood out in our interview process among a competitive field of candidates, and we look forward to their contributions to the Journal.
2011-2012 Staff Members
The Journal of Business and Intellectual Property Law Journal welcomes its newest staff members. Students were selected by either grading into the top 20 percent of their class or by their outstanding work in the write-on competition.
Robert Bruner – Laura Esseesse – Charity Franklin – Pierce Haar – Kevin Harrison – Chris Hewitt – Dustin Hillsley – Sarah Keller – Michael Levine – John Manzo – Adrian Martins – Tom Mayhew – Morgan McCall – Allison McCowan – Brian McKeon – Tim Mohan – Lena Mualla – Allen Orr – Sarah Riedl – Joseph Riegerix – Rachel Stratton – Tory Summey – Skyler Walker – Jason Weber – Ashley Wellman
Volume 12 Board of Editors
The Journal would like to congratulate the new Volume 12 Board of Editors:
Tiffany Johnson, Editor-in-Chief — Ashley Rudisill, Managing Editor — Rob Mackichan, Manuscripts Editor — Greer Benge, Symposium Editor — Vlad Vidaeff, Development Editor — Austin Walsh, Senior Notes and Comments Editor — Kimberly Richards, Notes and Comments Editor — Jonathan Ballerano, Notes and Comments Editor — Caroline Lawler, Executive Articles Editor — Christopher Gibson, Senior Articles Editor — Kathleen Rose, Senior Articles Editor — Thomas Pasakarnis, Articles Editor — Caroline Trapeni, Articles Editor — Mark Van Wieren, Articles Editor — Jeffrey P. Zimmerman II, Articles Editor.
March 25, 2011 — Symposium
Creative Capital: Intellectual Property Creation and Venture Capital
The Journal hosts its Spring Symposium on Friday, March 25. The Symposium will address the points of intersection between intellectual property and business law — especially those in the context of IP-based startup companies.
Keynote speaker Bob Young will discuss the benefits of open strategies over proprietary ones. A panel of entrepreneurs, business managers, attorneys, and legal scholars will present on two very practical issues: how intellectual property is used as a negotiating tool and the underlying tension between the venture capital markets and intellectual property law in a competitive landscape.
The Symposium is open to the public and no registration is required.
July 23, 2010
The Intellectual Property Law Journal has announced its newest staff members. Students were selected by either grading into the top 20 percent of their class or by their outstanding work in the write-on competition.
2Ls: Rob Abb – Greer Benge – Jake Boyd – Colin Crawford – Paul Derohannesian – Tim – Doolittle – Chris Gibson – Carissa Hanson – Megan Holloway – Tiffany Johnson – Caroline Lawler – Andrew Leslie – Robert MacKichan – Jacob Mackler – Chris Maner – Tierryicah Mitchell – Katie Morton – Joseph Norman – Thomas Pasakarnis – Kelly Prokop – Kimberly Richards – Marc Rigsby – Ashley Rudisill – Timothy Stewart – Caroline Trapeni – Mark Van Wieren – Natalie Vermitsky – Vlad Vidaeff – Austin Walsh – Matt Wigton – Jeff Zimmerman
March 21, 2010
Volume 11 Board of Editors
The Journal would like to congratulate the new Volume 11 Board of Editors: Dirk Lasater –Editor-in-Chief, Tom Kelly — Managing Editor, Travis Talbot — Manuscripts Editor, Emily Yandle — Executive Articles Editor, Emily Cantrell — Symposium Editor, Thanh Ngo — Development Editor, Gabi Witt — Staff Works Editor, Blake Brittain — Senior Articles Editor, Justin Brown — Senior Articles Editor, Elizabeth Osborne — Articles Editor, Travis Short — Articles Editor, Ron Payne — Articles Editor, Erin Tanner — Articles Editor.
2010 Spring Symposium, March 5, 2010
Copyleft vs. Copyright: Artist and Author Rights in Tomorrow’s Digital Age
The IPLJ invited members of the music, software, and legal communities to attend the Journal’s annual symposium, on March 5, 2010. This year’s symposium focused on copyright laws in the digital age. Click here for more information on the panelists and topics discussed. Follow the Symposium, other IP issues, and become part of the conversation on our Blog.
November 5, 2009
The Intellectual Property Law Journal is pleased to welcome three new members to our staff: Thanh Ngo, Emily Cantrell, and Arlene Mu. These students were selected based on their interest and experience in intellectual property law.
October 21, 2009
The Intellectual Property Law Journal is pleased to welcome two new members to our staff: Lauren Tozzi and Ron Payne. These students were selected based on their excellent performance in the transfer write-on competition.
September 1, 2009
The Intellectual Property Law Journal is pleased to announce Emile Thompson as a Symposium Editor. Emile will be essential in the planning and organization of this year’s symposium. His enthusiasm and familiarity with current IP issues will be a major asset to the Journal.
July 28, 2009
The Intellectual Property Law Journal has announced its newest staff members. Students were selected by either grading into the top 15 percent of their class or by their outstanding work in the write-on competition. “Please join us in congratulating them on this fantastic accomplishment,” said Amber Kirby, editor-in-chief, Wake Forest Intellectual Property Law Journal.
3Ls: Lyndsey Marchman and Lauren Metcalf
2Ls: Kelly Beth Bowker, Blake Brittain, Justin Brown, Cynthia Byrne, Jessica Chapman, Alan Felts, Russell Katz, Thomas Kelly, Charlotte Kim, Dirk Lasater, Luke MacDowall, Alayna Ness, Elizabeth Osborne, Luke Peterson, Amanda Pry, Allison Richmond, Robert Rosenberg, Stephen Sellers, Katherine Serfas, Travis Short, Paula Stone, Travis Talbot, Erin Tanner, Katherine Tullos, Christopher VanLuven, Brandon Waldron, Christopher Ward, Gabi Witt, Rebecca Wood, and Emily Yandle.