Gary R. Duvall
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Gary R. Duvall
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  • Attorney's Articles
  • Intellectual Property Law

    It's a New World in Trademarks -- The U.S. Joins The Madrid Protocol


    Trademarks

    It's a New World in Trademarks -- The U.S. Joins The Madrid Protocol


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    Gary R. Duvall
    Firm: Dorsey & Whitney LLP
    Address: Columbia Center
    701 Fifth Avenue
    Suite 6100
    Seattle, WA 98104-7043
    Phone: (206) 903-8700
    Fax: (206) 903-8820
    E-mail: Contact Us
    Web site: http://www.dorsey.com

    Position Areas of Practice Practice Groups
    Bar Admissions Education Honors
    Published Works Affiliations
    Lawyer Profile:

    Gary R. Duvall assists businesses to grow by franchising, licensing, and other distribution methods. He helps structure and draft documents for franchising, dispute resolution, international franchising, and for international trademarks. He represents franchisors, trademark owners, licensors, suppliers, franchisees and associations, and distributors. His clients' industries include: children's services, sports and fitness, e-commerce, retail, petroleum, hospitality, real estate, retail, services. He assists with software and hardware licenses, including VAR, OEM, and end user agreement.

    Mr. Duvall advises clients regarding privacy and data protection law. He also advises clients regarding compliance with Federal Trade Commission and consumer protection laws.

    Gary is a nationally recognized franchise expert and co-chair of Dorsey's Franchise and Distribution Law practice. He has been selected by his peers for inclusion in "The Best Lawyers in America," 1995-present, Woodward/White, Inc. He is the only lawyer from the Pacific Northwest listed (by peer surveys) in "An International Who's Who of Franchise Lawyers," 1997-present, Law Business Research Ltd., London. He has been selected by Franchise Times as a "Legal Eagle" 2007-present. Gary is a frequent speaker and an author of numerous articles on franchising, licensing, and the Internet.

    Current Employment Position(s):
    Partner

    Practice Groups:
    Intellectual Property Law Group
    Areas of Practice:
    Antitrust and Competition Law
    Franchise and Distribution Law
    Licensing and Technology Commerce
    Trademark, Copyright and Brand Management
    Agribusiness and Cooperatives
    Technology, Internet and e-Commerce
    Asia-Pacific
    Canada
    Europe
    Bar Admissions:
    Washington
    U.S. District Court
    Education:
    University of Washington School of Law, Seattle, Washington
    J.D.
    Honors: cum laude
    Law Review: Washington University Law Review, Editorial Board

    University of Washington
    B.A.
    Honors: magna cum laude

    Published Works:
    Franchisor Web Site Pitfalls, ABA Franchise Law Journal, Winter, 2005

    Franchise Disclosure Enters the Electronic Age, LJN's Franchise and Business Alert, November, 2004

    The Madrid Protocol: Faster, Cheaper, Better Trademark Registration for Franchisors, LJN's Franchising Business & Law Alert, June, 2003

    State Regulatory Developments in Franchising, Franchising World, July, 2003

    Franchise Regulatory Update, International Franchise Association 36th Annual Legal Symposium, Washington DC., May 11, 2003

    State Regulatory Developments in Franchising, Franchising World, July, 2003

    The Madrid Protocol: Faster, Cheaper, Better Trademark Registration for Franchisors, LJN's Franchising Business & Law Alert, June, 2003

    Franchise Disclosure Law Compliance for Cyber-franchising, 1999 International Franchise Association Legal Symposium, Washington DC., May, 1999

    Franchise Marketing Online, 1999 International Franchise Association (IFA) Annual Convention, Miami, Florida, March, 1998

    Overview of Franchising in U.S., International Bar Association (IBA) Annual Convention, September, 1998

    Franchising and the Internet, 1998 International Franchise Association (IFA) Annual Convention, Las Vegas, Nevada, March, 1998

    Dealing With Underachieving Franchisees, 1998 Supplier & Resource Guide - Franchise Update Magazine, Copyright 1998

    Franchising and Licensing in the United States, International Licensing and Competition Law, Center for International Legal Studies, Salzburg, Austria

    Copyright Issues for Franchisors, American Bar Association Copyright Issues Subcommittee Chairperson Report, 1998

    Drafting Alternative Dispute Resolution Clauses, Washington State Bar Association (WSBA) ADR Deskbook, Chapter 13, 1998

    Drafting Alternative Dispute Resolution Clauses, Washington State Bar Association (WSBA) ADR Deskbook, Chapter 13, 1995

    Protecting Franchisor Rights on the Internet, Leader's Franchising Business and Law Alert, June, 1997

    Exemptions for Experienced Franchisors and Knowledgeable Franchisees: Law and Policy (Co-Author), American Bar Association Franchise Law Journal, Winter, 1997

    Drafting International Franchise Agreements, Workshop Co-leader, International Franchise Association Annual Convention, Orlando, FL, March, 1997

    Extraterritorial Scope of U.S. Franchise Laws, Joint International Bar Association (IBA), May 15, 1996

    Extraterritorial Scope of U.S. Franchise Laws, International Franchise Association (IFA) Seminar, Washington DC, May 15, 1996

    Applicability of U.S. Franchise Laws to International Transactions (Co-Author), American Bar Association Franchise Law Journal, Part I Autumn, 1995

    Applicability of U.S. Franchise Laws to International Transactions (Co-Author), American Bar Association Franchise Law Journal, Part II Spring, 1996

    Subcommittee Report: Scope of Application of U.S. Franchise Laws to International Trademark Licenses, ABA Intellectual Property Law Franchising Committee, (1995-1996 Subcommittee Chair), March, 1996

    Franchise Regulatory Update: State and Federal, International Franchise Association 36th Annual Legal Symposium, Washington DC, May 15, 2003

    "E-Sign and E-Disclosure: Risks and Rewards", The Franchise Lawyer, January, 2006

    "Electronic Disclosure: The Future is Now", Franchising World Magazine, October, 2007

    "Protecting Personal Data in Franchise Systems: New Notification Laws," (co-author), LJN’s Franchising and Business Law Alert, March, 2008

    Developing and Licensing Technology: Another Source of Revenue", Franchising World Magazine, April, 2008

    Franchisors Should Consider Using FPRs (formerly Earnings Claims), May 22, 2008

    "Taking a Canadian Franchise to the U.S., the U.S. Perspective", Canadian Business Franchise Handbook, pp 96-102, CGB Publishing Ltd., 2002

    Classes/Seminars Taught:
    Trademark Licensing and Franchising: Applying Franchise Laws to Trademark Licensing, Lighthouse Seminars IP Licensing Law Institute, Denver Colorado, 2005

    The Accidental Franchisor: Avoiding Franchise Laws in License and Distribution Agreements, Oregon Law Institute, Lewis and Clark Business Law Institute, Portland, Oregon, 2005

    New FTC Franchise Rule Proposal, IFA Franchise Business Network meetings, Portland, Oregon, 2005

    New FTC Franchise Rule Proposal, IFA Franchise Business Network Meeting, San Francisco, California, 2005

    Franchising in Latin America, Trademark Protection Aspects, Chamber of the Americas and Franchising Times Co-Sponsors, 2002

    E-Commerce for Franchise Companies, International Franchise Association Legal Symposium, Washington D.C., 2001

    Enforcement of Franchise Agreements in Japan and Korea, American Bar Association (ABA) Forum on Franchising, 1999 Annual Forum in Palm Desert, California

    Franchised Hotels in Receivership, International Bar Association (IBA) Annual Meeting of the Business Law Section, Barcelona, Spain, 1999

    Franchise Law Issues for Manufacturers and Distributors, Seattle King County Bar Association Distribution Law Seminar, 1990 - 1991

    Franchise Law Issues for Manufacturers and Distributors, Washington State Bar Association Distribution Law Seminar, Seattle, WA, 1992 - 1998

    Franchise Transfers, IFA Annual Legal Symposium, Washington, D.C., 1997

    International Franchise Legislation, Fundamentals - Franchise Relationship Laws

    E-Commerce and Franchising, Symposium, Dorsey & Whitney LLP, Denver, Colorado

    How to Franchise Your Business, Seattle Chamber of Commerce, Business Seminar Series, Seattle, WA, October 21, 1992

    How to Franchise Your Business, Seattle Chamber of Commerce, Business Seminar Series, Seattle, WA, 1993

    How to Franchise Your Business, Seattle Chamber of Commerce, Business Seminar Series, Seattle, WA, 1997

    How to Franchise Your Business, Seattle Chamber of Commerce, Business Seminar Series, Seattle, WA, 1998

    Franchising and Licensing, University of Washington School of Law Intellectual Property Certificate Program, Seattle, WA, September 12, 1996

    "Business Aspects of International Franchising", International Bar Association Joint Conference with International Franchise Association

    Advanced Franchising Methods and Strategies", Franchising Conference

    "Trademark Licensing and Franchising", Intellectual Property Licensing, Washington State Bar Association

    "Trademark and Franchise Licensing", Modern Licensing Law, Law Seminars International

    "Careers in Franchising", Albers School of Business and Economics, Seattle University

    "Legal Aspects of Buying a Franchise", National Franchise and Business Opportunity Show

    "Franchising in China", American Bar Association, Annual Meeting, August 4, 2005 - August 9, 2005

    "Franchise Lawyering, Workshop on Ethics", International Franchise Association Annual Legal Symposium, May 8, 2005 - May 9, 2005

    Honors and Awards:
    Listed in the Franchise Times top 100 attorneys

    Listed in Best Lawyers in America

    Professional Associations and Memberships:
    International Franchise Association, 1989 - Present
    Member, Council of Franchise Suppliers and Legal-Legislative Committee

    IFA Franchise Business Network Meetings in Seattle, WA and Portland, OR, 1993 - Present
    Founder

    IFA Franchise Business Network Meetings in Seattle, WA and Portland, OR, 1993 - Present
    Host

    Washington State Bar Association, 1993 - 2000
    Chair, Franchising Committee

    Washington State Bar Association, 2005 - Present
    Chair, Franchising Committee

    ABA Forum on Franchising, 1987 - Present
    Member

    International Bar Association, 1993 - Present
    Member, International Franchising Committee

    Licensing Executive Society, 1995 - Present
    Member

    Ravenna-Bryant Community Association, 1978 - 1982
    Council Member

    World Trade Club, Canadian Forum, 1992 - 1994
    Chair

    Pro Bono Activities:
    Volunteer Prisoner Rights Project: ACLU of Washington, 1973 - 1977
    S.B.A.-S.C.O.R.E.-A.C.E. Volunteer Business Counselor, 1984 - 1991
    Volunteer Youth Soccer, Track & Field and Skiing Coach, 1990 - 2000
    Pro Bono Legal Counsel to multiple Non-Profit 501(c) 3 Organizations, 1985 - Present
    Languages:
    French
    Profile Last Updated:
    8/5/2009

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