For Want of an Enforceable Restrictive Covenant

True story. The Company, which we will call Acme, required its sales managers to sign non-compete and non-solicitation agreements. The managers promised that for a period of two years after their employment with Acme ended they would not “[e]ngage in any activity...

The Puffery Defense—It’s Not Always Obvious

“Like a good neighbor, State Farm is there.”® Most of us can hear the Barry Manilow jingle in our heads. What happens when my State Farm agent fails to call me back after a car accident, or refuses to secure payment that I honestly think I deserve? Is he acting like a...

Dilution by Tarnishment

Confederate flags were not the only symbol used by white nationalists marching in Charlottesville, Virginia. To the dismay of the Detroit Red Wings hockey team – so was their logo. Well almost. On the left is the Detroit Red Wings logo; on the right is the white...

Is Pandora PayPal?

Does Pandora’s single P mark infringe PayPal’s double P mark? PayPal says yes and filed a lawsuit claiming Pandora’s use of the single P mark causes confusion among consumers. Every Federal circuit has adopted some form of the “likelihood of confusion” factors the...