Drafting and Negotiating Distribution Agreements: Common Mistakes that Lead to Litigation

Distribution partnerships, like marriages, are entered into during a period of optimism and excitement. You have a great product and you found the right partner who will help you take it to the masses. It’s a relationship that will last a lifetime, right? Maybe. As with any relationship, failure to communicate expectations or poorly communicating …

Second Circuit Rejects Major League Scouts’ Efforts to Take on Baseball’s Antitrust Exemption

For nearly a century, Major League Baseball (MLB) has enjoyed the benefit of an exemption from the antitrust laws. The controversial and often criticized exemption began with Justice Holmes’ opinion in Federal Baseball Club v. National League, 259 U.S. 200, 42 S.Ct. 465, 66 L.Ed. 898 (1922), in which Holmes reasoned that even though the …

Know the Hurdles Before Building a Rock Climbing Gym or Other Facility

Opening a rock climbing gym can be a huge, but inspiring endeavor. Designing walls and flooring and engaging contractors to perform the build out. Selecting holds, ropes, shoes, belaying equipment, and crash pads, and then contracting with various manufacturers and industry players for this equipment. These are the many decisions and hurdles a climbing start-up …

Outdoor Retailer Announces Move to Denver

According to The Denver Post, Colorado has succeeded in its efforts to capture the summer and winter Outdoor Retailer trade shows – a huge boon to Denver, the host city of the trade shows starting in 2018, and underscoring the importance of the outdoor recreation economy overall and to Colorado in particular: http://www.denverpost.com/2017/07/05/outdoor-retailer-trade-shows-denver-confirmed/. The trade …

The Road Ahead: Recent Amendments to the Colorado Vehicle and Powersports Franchise Laws

The distribution of on-highway motorcycles and powersport vehicles, such as off-highway motorcycles, ATVs, snowmobiles, and PWCs (Personal Water Craft) is regulated by various franchise state laws. These laws address a range of issue in the franchise relationship. For example, termination, cancellation, or nonrenewal of the dealership; relocations; and limitation on a dealer’s power to transfer …

Supreme Court Rules That Government Cannot Ban Offensive Trademarks

SCOTUS Trademark

In a greatly-anticipated decision (particularly by the Washington Redskins), the Supreme Court ruled today that the U.S. government cannot refuse federal registration of an offensive trademark, holding that such a restriction violates the First Amendment.  The decision was a significant victory for not only Simon Tam (respondent in the case) and his band, The Slants, …

Skechers Kicks Adidas’ Claims In Sneaker Patent Case – Law360

When it comes to shoes, patents and trademarks are a good fit when it comes to protecting one’s intellectual property rights.  This article is noteworthy, not because the Plaintiff did not prevail on its patent claims, but because it reminds athletic clothing/footwear brands that that protection is not all about trademarks….utility and design patents can …