arbitration
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The Benefit of the Bargain
We routinely include arbitration provisions in agreements and I often wonder whether an arbitration is really any easier or cheaper than litigation. But what I didn’t realize before was how much latitude arbitrators have in what they can award, including, in this case, reforming the contract to grant a license far beyond what either party… Continue reading
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BODY UP Going to the District Court
The BODY UP decision at the Trademark Trial and Appeal Board has been appealed to the District Court for the District of Columbia.Body Up Dist. Ct. ComplaintThe text of this work is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License. Continue reading
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Litigation Strategy
Here’s a TTAB case that I think presents an interesting procedural question. The situation: Bello Fitness Ltda, petitioner, is a Brazilian clothing manufacturer. It owns the BODY UP mark in Brazil and had a relationship with non-party Body Up, LLC to distribute the BODY UP clothing in the U.S. Fernando Homem da Costa Filho was… Continue reading
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