Although parties enter into contracts with the expectation of fulfillment and the absence of disputes along the way, such expectations are not always satisfied and one party or another may have to resort to litigation in an effort to remedy a breach of contract by the other party. Needless to say, litigation is time consuming…
Monthly Archives: August 2010
Trademark Dilution and Unicorns
Trademark infringement is a very old concept. Chicago lawyer Keith Stolte wrote an article several years ago in which he describes unearthing what appears to be the oldest trademark case in Anglo-American jurisprudence. According to his research, Sandforth’s Case demonstrates that English courts recognized a common law right against trademark infringement as early as 1584….
Retention of Jurisdiction to Enforce a Settlement Agreement
Attorneys often settle cases with dismissal orders which provide for dismissals “with prejudice” but which also provide that the court shall retain jurisdiction to enforce the settlement. The enforceability of such a jurisdictional retention provision now depends upon whether the settlement is in federal or state court. The distinction is significant since most cases are…