Drafting Better Commercial General Liability Insurance Requirements
February 27, 2012
A landlord generally does not want to impose obsolete or otherwise nonsensical requirements on its tenant, and a tenant generally does not want to promise to do things that are impossible. But both can regularly be found in lease insurance provisions.
Specialty Recall Insurance Coverage
February 27, 2012
With the cost and frequency of product recalls on the rise, many companies are considering purchasing specialty policies to cover certain recall-related losses that are often excluded from general liability and property policies. Few cases provide guidance about how such policies will be interpreted and applied by the courts, but some recent decisions highlight limitations on their scope of coverage.
Proving Contributory Online Trademark Infringement
February 01, 2012
The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.
Misrepresentation Claim over Song in DVD Is Dismissed
February 01, 2012
The U.S. District Court for the Eastern District of Missouri dismissed an unusual "misrepresentation-by-implication" claim brought under the Lanham Act. In the case, the plaintiffs' composition "I Am the Greatest" had been included in the defendants' DVD AND1' Mixtape' X.
UGC Campaigns and Right of Publicity
February 01, 2012
It is rights-of-publicity claims, because they are treated as property rather than as personal rights, and not other types of privacy claims, which are merely personal, that some courts have excluded from Communications Decency Act (CDA) immunity as a form of intellectual property.
An e-Cheapskate's Guide to Contracts
February 01, 2012
When confronted by contract after contract, day after day, which ones should an e-commerce executive actually read, so that she can spend some time running the business requiring all those contracts, and maybe even make some money?
Lies, Damned Lies, and Addictions
January 31, 2012
This three-part article explores the role of addiction in product liability litigation, and the paradoxes involved.
Practice Tip: Product Liability Litigation
January 31, 2012
Although recent statistics are difficult to obtain, it is clear that the amount of product liability litigation filed in the United States is unparalleled around the world. hy is there such a difference as compared with Canada and the UK?
