As expected, Reebok has responded to Nike’s lawsuit claiming that Reebok had wrongly misappropriated the rights to market and sell football clothing and paraphernalia bearing Tim Tebow’s New York Jets uniform number. For more information on Nike’s initial lawsuit, please see “Nike Sues Reebok for Interference & Misappropriation of Tebow Rights.” Some of the defenses [...]
I have often been asked the following question in one form or another: “This claim is ridiculous. Why doesn’t the Court just throw it out, and dismiss the Complaint?” The short answer is, that so long as from the face of the Complaint, there may be a valid, cognizable claim, New York courts are [...]
It should come as no surprise that as the economy continues to sputter, falter, or whatever your term of choice may be, that many real estate brokers have taken an increasingly aggressive stance in protecting their commissions. The flip side of that same coin is that the other parties to the deal have likewise hardened [...]
Recently, I attended a non-party deposition in a commercial litigation matter arising out of a dispute over who is the rightful owner of a particular property in New York. As is often the case, the attorney conducting the deposition was less than thrilled at the answers given by the witness. So, first he tried to [...]
In a case that should sound a warning to ill-tempered, egomaniacal bosses everywhere, a jury recently awarded five of former Guess CEO Georges Marciano’s employees a total of $370 million on their counterclaims for intentional infliction of emotional distress, libel and defamation. The initial action, which sought monetary damages for these former employees’ alleged breach [...]
A trade secret theft lawsuit that was recently filed in upstate New York by the Price Chopper chain store illustrates rather vividly how having your small business’s trade secrets – in this case pricing information – can dramatically impact your bottom line. In its initial suit papers, Price Chopper claims that competitor Giant Market would have someone [...]