News & Analysis as of

Exclusive Use

Lowndes

Navigating the Pitfalls of Exclusive Use Clauses

Lowndes on

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

Hinckley Allen

3 Real Estate Considerations for the New Hybrid Model of Retail

Hinckley Allen on

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

Flaster Greenberg PC

Ten Real Estate Tips for Soccer Clubs to Effectively Maintain Their Training & Match Day Facility to Maximize Viability

Flaster Greenberg PC on

Soccer is seeing unprecedented expansion in the U.S., on both the men’s and women’s side. As discussed in previous blogs professionalizing the women’s game is vital to its survival. A crucial piece of this is real estate....more

Foley & Lardner LLP

Using Upfront IP Licensing to Reduce Future Supply Chain Disruptions

Foley & Lardner LLP on

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

Lowndes

Exclusive Use Clauses in Shopping Center Leases

Lowndes on

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

McGlinchey Stafford

The Bullet Point: A Commercial Law Bulletin - When can a non-party enforce a forum selection clause?

McGlinchey Stafford on

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

WilmerHale

Federal Circuit Patent Watch: Arbitration Rules Incorporated-by-Reference into License Agreement may Delegate to Arbitrator the...

WilmerHale on

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

Weintraub Tobin

SPIN Trademark Has Peloton Wrapped Around The Axel

Weintraub Tobin on

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

Dunlap Bennett & Ludwig PLLC

Land O’Lawsuit: Dairy Enterprise Sued for Breach of Contract

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

International Lawyers Network

Businesses Beware: Depreciation in Goodwill Claims Not Bound By Industry Lines

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

Rosenberg Martin Greenberg LLP

Retail Leasing in a COVID-19/Post-COVID-19 World: Preparing for the “New Normal”

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

Womble Bond Dickinson

How Do We Thrive Together: Understanding the “Yours, Mine, and/or Ours” of Intellectual Property Rights in Joint Development...

Womble Bond Dickinson on

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

Brownstein Hyatt Farber Schreck

FCC Considers Restrictions on Arrangements Between Building Owners and Broadband Providers

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

Smart & Biggar

Don’t let your brand go to pot (Part II): how cannabis brand owners can cover their “buds” with plant breeders’ rights

Smart & Biggar on

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

Ward and Smith, P.A.

Exclusive Use Provisions in Commercial Leases

Ward and Smith, P.A. on

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

Pierce Atwood LLP

The Limits Of Exclusive Use Rights In Condominium Common Areas

Pierce Atwood LLP on

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

Knobbe Martens

General Mills Finds Out That Yellow Is Not “Magically Delicious”: Brands Fighting To Protect Their True Colors

Knobbe Martens on

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

Knobbe Martens

Can’t Say “I Ain’t Mad At Cha” for Copying Me

Knobbe Martens on

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

Foley & Lardner LLP

Is Congress Finally Getting Serious About Curtailing Design Patents in the Auto Industry?

Foley & Lardner LLP on

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

Ladas & Parry LLP

The Zero Sum Game In The Cola Wars

Ladas & Parry LLP on

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

Troutman Pepper

Getting the Benefit of Your 'Exclusive Use' Bargain

Troutman Pepper on

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

Knobbe Martens

Trademark Review | May 2016

Knobbe Martens on

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

Troutman Pepper

How to Negotiate an Exclusive Use Provision

Troutman Pepper on

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

Arnall Golden Gregory LLP

Don’t Get Burned: Five Considerations When Leasing Restaurant Space in an Office Building

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

Knobbe Martens

Rights in Bob Marley's name and likeness trump free speech where defence not properly pleaded | World Trademark Review

Knobbe Martens on

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

29 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide