By David Posteraro The Supreme Court this past week agreed to hear two trademark cases next term. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., the Court will decide “whether, when a plaintiff asserts new claims, federal preclusion principles can bar...
Articles
Divorce and the Family Business (Part 3 of 3): Separate and Marital Property?
The first two articles in this three-part series have dealt with identifying the nature of business assets that are subject to a divorce, as well as beginning the process of having those business interests valued. In this third and final installment, we address...
Federal Trademark Law Is About to Get F-U-C-T
By: Kyle Hutnick and David Posteraro The US Supreme Court on Monday struck down a provision of the federal trademark statute that prohibited the registration of “immoral” or “scandalous” trademarks for violating the First Amendment. The case is Iancu v. Brunetti and...
KJK Partner Kevin Lenhard Featured in Cleveland Jewish News Article: “Complexities lie in leaving assets to children”
By Becky Raspe, Cleveland Jewish News When one is preparing their estate plan, it’s common for some of those assets to pass to children. “Adults who receive assets outright from a bequest or inheritance generally have full control and enjoyment over the assets once...
The Lights Are on but Nobody’s Home: Fake Listings on Google Maps and Google Business Listings Can Bring Your Brand Down
By David Posteraro “Nothing succeeds like address.” - Fran Lebowitz “There is no there there.” - Gertrude Stein, “Everybody’s Autobiography” Building a brand, creating brand acceptance, and engendering brand loyalty takes time, talent, effort and expense. In an...
Your State Has Legalized Marijuana – Now What? Analyzing Marijuana in a Financial and Real Estate Context
By Amanda Lauer While the legalization of marijuana has become a hot topic in the news – in both a medicinal and recreational context – little attention has been given to how this legalization is impacted by both the financial and real estate industries. As the trend...
How One Manufacturer Thought Outside the Box to Stop Unauthorized Resellers
A recent federal court decision serves as another reminder to manufactures and brands of the importance and benefits of reseller and distribution agreements. These types of agreements govern the relationship between a manufacturer of goods and the reseller of...
Earnouts – More of a Gamble Than You May Think
When the parties to the sale of a business are unable to agree on price, the buyer may attempt to bridge the valuation gap by offering to pay the seller an amount in addition to the purchase price – if the business is able to achieve certain earnings or other...
Even When You Use It, You Can Lose It: The Case of the Carpet
By David Posteraro "Camp is a vision of the world in terms of style – but a particular kind of style. It is the love of the exaggerated, the “off”, of things-being-what-they-are not." - Susan Sontag, Notes on ‘Camp’ In the United States, brand owners acquire common...
What Must Your Financial Advisor Tell You? You Might Be Surprised.
You place great trust in the person who helps you invest your money. You like them, listen to them and are sure that they are obligated to do only what is best for you at all times. Think again! The obligations this person owes are actually dependent on how...