To guide potential trademark owners and to foster strong protection for trademarks under U.S. law, the Lanham Act; 15 U.S.C. §1052, defines the types of trademarks and service which marks can be registered by whittling away...more
In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive...more
Once thought to herald the demise of brick and mortar stores, online shopping is proving to be a critical element in the revival of the in-person retail shopping experience. The advent of online shopping forced a substantial...more
Companies often enter into supply agreements for component parts that are covered by or produced using a supplier's intellectual property (IP) rights, but do not give enough thought to IP licensing. In the face of supply...more
Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a shopping center includes a...more
The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more
Precedential Federal Circuit Opinions - ROHM SEMICONDUCTOR USA, LLC v. MAXPOWER SEMICONDUCTOR, INC. [OPINION] (2021-1709, November 12, 2021) (LOURIE, O’MALLEY, and CHEN) - O’Malley, J. Affirming district court...more
While Shakespeare may have wondered “what is in a name?”, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN...more
With the holiday season upon us and winter quickly approaching, people are trading in lighter dishes for heavier, heartier meals. At the center of these dishes are butter and cream, and at the center of a new lawsuit is a...more
The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had...more
The retail industry has experienced an unprecedented and immediate shift as a result of the economic fallout from COVID-19. One of the most apparent changes is evident when handling commercial retail leasing; read on to...more
Collaboration is a key strategy for growth of many companies in certain sectors, such as energy, technology, and life sciences, where research and development is critical to maintaining a competitive advantage, but can be...more
The Federal Communications Commission (“FCC”) has launched a review of arrangements between building owners and communications companies that govern the provision of communication services to building tenants. The purpose of...more
The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more
Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant to use its premises for an intended specific use (for...more
It’s not unusual for condominium documents to set aside parts of the development’s common area for the exclusive use of particular units. This device allows the developer to offer a degree of privacy in decks,...more
Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that...more
On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more
In recent years, OEMs have been growing their design patent portfolios at a rapid pace. Specifically, OEMs have been securing patent protection on replacement parts, including bumpers, fascias, light fixtures, mirrors, hoods,...more
In Royal Crown Company and Dr Pepper/Seven Up Inc v The Coca-Cola Company, Opposition 91178927, each party opposed the other’s trademark applications containing the term ZERO for soft drinks, sports drinks and energy drinks. ...more
Make sure your retail tenant’s “exclusive use” applies to all shopping center parcels. An “exclusive use” provision in a lease is a retail tenant’s best friend — it prohibits the landlord from allowing other space in a...more
Surname Not Registrable Absent Substantially Exclusive Use - As a result of various third-party uses of the surname “Ayoub” for similar services, Applicant’s use of AYOUB did not meet the requirement of Section (f) that...more
Both landlords and tenants are well served to begin discussing exclusives early in the lease negotiations. An exclusive use clause is a valuable and often heavily negotiated provision in leases. An “exclusive” prohibits...more
Leasing restaurant or café space in an office building requires certain considerations that a restaurant tenant may not encounter if it typically leases space in traditional retail settings. It is also important to realize...more
Fifty-Six Hope Road is a company run by some of Bob Marley's children, and it owns the property rights to Bob Marley's name, voice and likeness. Hope Road licensed Zion Rootswear the exclusive right to use Marley's name and...more