Dallas Business Litigation Blog

Judge upholds ruling in Bob Marley intellectual property case

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Monday, January 14, 2019.

Business owners and operators often enter into various agreements for rights to use certain trademarks or copyrighted materials. Because intellectual property can be immensely important to companies, ensuring that the use of the materials is not abused is vital. In some cases, a company could violate a usage agreement, and business litigation could result.

Texas readers may be interested in an out-of-state case that involved such violations. According to reports, a coffee company had obtained the rights to utilize intellectual property relating to Bob Marley. The IP included the late musician's name, which the coffee company used as part of a beverage name, and trademarked images. The company entered into a usage agreement with Fifty-Six Hope Road Music and Hope Road Merchandising, which are two companies controlled by the surviving Marley family members.

Clear invoice information may not prevent debt collection need

On behalf of Kaplan & Moon, PLLC posted in business collections on Wednesday, January 9, 2019.

Providing a product or service professionally typically means that customers or clients need to provide payment in return. Some Texas business owners may require upfront payment, and others may allow for later payment. When collecting payments later, sending invoices is a common method for requesting payment. However, some individuals may not pay on time or at all, and business owners might have to consider debt collection.

When it comes to invoicing, using the right tools and providing all necessary information could help ensure that payments are made. Utilizing a professional invoicing tool could help owners save time and keep track of pending payments. Including the company's name and logo as well as the client's information and the amount owed could also help ensure that everyone remains clear on the transaction.

Business litigation results after breach of contract

On behalf of Kaplan & Moon, PLLC posted in partnership & shareholder disputes on Tuesday, January 1, 2019.

When individuals share business ideas, it is common for them to enter into partnerships and create a company. Having multiple people on board can often help with decision making and other important factors of running a business. However, partners can also face difficulties that could lead to litigation, especially if someone breaches a contract.

Texas readers may be interested in a lawsuit that is currently underway in another state. Reports indicated that two men founded a company called Smashing Boxes in 2010. In 2017, the company was enlisted to help another company called Futures in developing an app and designing a website. Smashing Boxes reportedly estimated that its services would cost approximately $192,000 but that the estimate was not guaranteed. The companies also entered into a contract with terms that prevented Futures from employing individuals from Smashing Boxes for two years.

Partnership disputes may lead to beneficial settlements

On behalf of Kaplan & Moon, PLLC posted in partnership & shareholder disputes on Monday, December 24, 2018.

Business relationships can sometimes become contentious. Though the relationships often begin in hopes of each company finding benefits from the arrangements, some situations may become complicated and accusations of violations could come about. Partnership disputes are not unusual, and in some cases, legal action may help those partnerships reach new agreements that can help both sides.

Texas readers may be interested in a dispute that recently come to a settlement between music streaming service Spotify and Wixen Music Publishing. Wixen claimed that Spotify was using songs without having the proper licensing to do so and without providing the proper compensation. Wixen represents a variety of big-name musical artists, including Tom Petty and The Doors. As a result of the dispute, Wixen filed a lawsuit against Spotify seeking $1.6 billion in damages.

Business litigation results from cookie competitor claims

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Thursday, December 20, 2018.

When a business feels threatened by another company, owners and operators may feel that the other company is participating in unfair practices. In some cases, a business may believe that the other company has infringed on intellectual property or committed other violations. These beliefs can often lead to business litigation.

Texas readers may be interested in a business lawsuit that was recently filed in another state. The issue is between Cheryl and Co., which sells Cheryl's cookies, and the company's former owner Cheryl Krueger, who now owns and operates C. Krueger's. Krueger sold Cheryl's in 2005 and recently began selling cookies again through her C. Krueger's business. However, Cheryl's claims that Krueger is infringing on its intellectual property by selling look-alike cookies with similar frosting, packaging and overall look of the cookies. Cheryl's also claims that Krueger has enlisted former Cheryl's workers to work for her new venture in violation of a noncompete agreement.

What options do businesses have when invoices go unpaid?

On behalf of Kaplan & Moon, PLLC on Thursday, December 13, 2018.

The responsibility of business ownership is high. Necessary outgoing expenses include payroll, utilities, taxes, rent, etc. For those things to happen, business owners rely on incoming cash. What happens when invoices are unpaid, or you are left with a delinquent account? This is something that businesses deal with on a regular basis. Luckily, there are preventative measures you can take to reduce the frequency with which this occurs.

Intellectual property dispute: Designer files suit against Etsy

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Monday, December 10, 2018.

Coming up with an original idea takes a considerable amount of time and effort. Artists, writers, designers and other creative types often put their blood, sweat and tears into their creations. Because these individuals want to protect their work, they often put copyrights and trademarks into effect. However, some individuals may still infringe on their intellectual property.

Texas readers may be interested in a lawsuit that was recently filed by a designer against popular selling site Etsy, one of the site's sellers and a print-on-demand service. According to reports, the seller has apparently been putting an image, which the designer created and copyrighted, onto products, such as shirts and mugs, and selling the products on the Etsy site. The design referenced in the lawsuit is known as the "Beer Eye Chart."

Vizio settles disputes over joint ventures with tech company

On behalf of Kaplan & Moon, PLLC posted in joint venture disputes on Tuesday, December 4, 2018.

Making business deals is a common tactic that companies use to help grow their operations. Some companies may try to create joint ventures with other companies that could lead to business benefits. Unfortunately, these business relationships do not always turn out as well as hoped.

Texas readers may be interested in a joint venture dispute between Vizio and LeEco. The American television manufacturer had made a deal that the technology company would purchase Vizio. However, the deal did not go through due to a block put on the deal by the Chinese government. The two companies attempted another venture in which LeEco would sell Vizio products overseas and Vizio would offer LeEco apps on its televisions. Reportedly, that deal also fell through.

Levi's files intellectual property suit over fabric tabs

On behalf of Kaplan & Moon, PLLC posted in employment contract disputes on Wednesday, November 28, 2018.

Having recognizable features on their product is a way that many companies make their brands known. These features can range from large designs to small details. Often, companies will trademark these features in order to prevent other businesses from causing confusion among consumers, but these efforts do not always prevent intellectual property infringement.

Texas readers may want to know more about a lawsuit that was recently filed by Levi Strauss and Co. involving such infringement. Reports stated that the company claims that Yves Saint Laurent America has infringed upon Levi's trademark by putting small fabric tabs on the back pockets of their jeans. These tabs are trademarked by the apparel company as they put red, blue or white tabs with the word Levi's on the pockets of their jeans, which is commonly recognized by consumers.

Lawsuit stems from Pabst, MillerCoors partnership disputes

On behalf of Kaplan & Moon, PLLC posted in partnership & shareholder disputes on Wednesday, November 21, 2018.

Business partnerships can often allow for companies to expand and carry out operations that they may not have the ability to handle on their own. Of course, these business relationships do not always remain strong, and partnership disputes could result. If the conflicts are great enough, it could lead to litigation in hopes of having the disputes resolved.

Texas residents may be interested in this type of dispute currently taking place between Pabst Brewing Company and MillerCoors. The two brewing companies have been in a partnership since 1999, and the agreement they have is set to run through 2020. MillerCoors is apparently trying to end the partnership despite the potential for the agreement to have two possible extensions. MillerCoors believes that Pabst Brewing Company does not want to provide enough compensation to extend the agreement.