In ITC Limited v. Punchgini, et al., the New York Court of Appeals declined to recognize the 'famous marks' doctrine, but it did confirm the possibility of protection under existing common law theories of misappropriation in certain limited circumstances.
A biting satire it may not have been, but Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC nonetheless concluded that canine chew toys fashioned after Louis Vuitton handbags were a permitted parody that did not infringe or dilute Louis Vuitton's admittedly well-known marks. Although the decision scratches little new ground in the trademark jurisprudence of parody and infringement, it was a first opportunity for an appellate court to assess parody under the new Trademark Dilution Revision Act.
Highlights of the latest commercial leasing cases from around the country.
Given the need of landlords to be relieved of the onerous burdens and frustrations of traditional landlord-tenant litigation, a license agreement may be useful for the right business plan.This article discusses the license agreement — its limitations and its powers. It also dissects and explains when and how to use a license agreement, and the ability to effectuate self-help properly.
Finders can provide valuable services on behalf of a company seeking funding since they may have access to investors that would not otherwise be known to the company. This article sets forth recommended provisions for a Finder's Fee Agreement.
Highlights of the latest equipment leasing law.
In the current era of credit uncertainty spawned by the subprime mortgage crisis, perfect pay provisions may be subject to changes as banks, leasing companies, hedge funds, and other financial institutions to which these payments have been sold or pledged ('Funders') tighten credit standards and re-examine transaction risk, particularly in syndications of interests in leases and loans.
Highlights of the latest insurance cases from around the country.
This article explores how the fortuity doctrine has evolved to focus increasingly on the knowledge and conduct of the insured.
Measuring the premises in advance of the letter of intent can help to avoid backtracking on points and re-negotiating the business deal during the lease negotiation process.
