Trademark Law Briefs

Kirby Morgan Dive Systems v. Hydrospace Ltd. et al, 2010 U.S. Dist. LEXIS 9657 (C.D. Cal., 2010)

Plaintiff entered into a distribution agreement with Defendant wherein defendant would promote, market, and sell Plaintiff’s products in the Brittish Isles and Defendant would not participate in the manufacturing of any competitive products.  The agreement included an arbitration clause governed by the American Arbitration Association and California law.  (more…)

Value Selling Associates, LLC, et al. v. Temple, 2009 U.S. Dist. LEXIS 104174 (S.D. Cal. 2009)

Defendant sold its business to Plaintiff including all intellectual property rights and entered into a consulting agreement with Plaintiff.  The consulting arrangement was later terminated with a settlement agreement.  All agreements contained clauses stating that any dispute arising under or related to the agreement would be submitted to arbitration.  The Court ruled that trademark infringement claims for intellectual property that was part of the sale of the business related to the agreements and were therefore subject to the arbitration clauses. (more…)