Arthur R. Lehman, L.L.C.

May 2017 Archives

Breweries fight over similar names and trademarks

With the proliferation of craft breweries in New York, and across the country, over the last decade, no one should be surprised by the recent dispute between two such breweries over their product names and trademarks. The case is unusual because the alleged trademark infringement involves several product names and product labels, rather than the usual one-to-one claim of infringement.

Pink "Unicorn" drinks spark trademark lawsuit against Starbucks

Unicorns, especially pink unicorns, are thought to be entirely creatures of mythology, but the marketing ploy of a Brooklyn coffee shop has transformed the one-horned beast into a trademark that is at the heart of an intellectual property lawsuit involving pink drinks, both named "Unicorn." The suit involves the local coffee shop and Starbucks, the giant coffee chain.

Your non-compete agreement must hold up to challenges

With your business up and running, you were likely ecstatic about its success and the capital you invested in it. However, you have reached your goals, and your business is becoming profitable. In fact, you and your partner may be discussing expanding your staff. This introduces new cause for anxiety.

Tomato sauce maker abandons product name but learns to prosper

This blog has previously noted the steps that a trademark owner will take to protect the mark. But, what happens to the business that is forced to abandon a successful product name? A tomato sauce maker was recently compelled by a New York restaurant to pick another tradename for its products, but it has found a way to recover from this setback and continue to prosper.

Partner sues NYC doctor misuse of company funds

Doctors may be brilliant when practicing their medical specialties, but they can also be difficult business partners. A lawsuit filed this week in Manhattan Supreme Court accuses a prominent urologist of using funds belonging to a magazine that he and the plaintiff founded in 1996 for personal expenses. The lawsuit provides an example of how business partners, regardless of their professions, can engage in bitter business litigation.

Trial involving "Rebecca" producers and publicist begins in NYC

Fans of Alfred Hitchcock are drawn to his complex plots and fascinating characters. Now one of his best known movies, "Rebecca," has ended up in court in New York City, as the producers of a musical based on the movie are suing the show's form publicist for a number of business torts, including tortious interference with contract and defamation.