Every day businesses and individuals establish a presence on the Internet by purchasing an Internet domain name and setting up a web site. Perhaps you have recently done so. Typically, the domain name you have purchased is identical or closely related to the name of your company or primary product…
Weight Watchers (“WW”) maintains a system whereby food items are assigned points. Each customer of WW is assigned a permitted number of points per day. Frozen foods manufacturer used Weight Watchers points system on its wrappers but noted that the points system was a feature of WW’s system and a…
Tenant sued his landlord alleging lead poisoning. The landlord filed a claim with his insurance company. The insurer sued seeking to avoid its obligation to the landlord to defend against the lawsuit, claiming that the policy had not been triggered. The policy had been drafted so that the insurer was…
This case involved two cheese manufacturers/distributors who both used the mark TRADITIONAL to describe their respective feta cheeses. The company that first used the mark sought to prevent the second company from using it in connection with its feta cheese, claiming that the mark TRADITIONAL was suggestive of the type…
Plaintiff sued seeking to force a shelter to provide her with the contact information of the people that adopted her cat. Plaintiff returned from a trip to find her cat missing. She was told that the cat had been taken to a shelter. Plaintiff contacted the shelter, less than a…
Employee who stayed on with the company that acquired his past employer, was accused of having a hand in his old employer’s accounting misrepresentations at the time of the acquisition and was told that he was about to be terminated but would receive three months severance. The employee, in reliance…
Plaintiff sued gym alleging that the gym’s trainer was negligent in how she worked with plaintiff resulting in injuries to plaintiff. The gym sought to have the case dismissed arguing that plaintiff had signed a waiver when he purchased the gym membership agreeing not to sue the gym. Plaintiff argued…
The buyer of a car with 126,000 miles sought to return the car as defective under New York State’s Lemon Law. The buyer argued that although the car had more than 100,000 miles on it such that it would normally be excluded from the Lemon Law, the fact that a…
Landlord/defendant’s attempt to dismiss tenant/plaintiff’s complaint alleging injuries resulting from mold was denied notwithstanding that the landlord was unaware of actual mold in the premises where plaintiff lived. The court held that conditions which could normally lead to the growth of mold, even if no mold is visible, such as…
In a case of first impression, a group of domain name holders sued Register.com because it had automatically renewed the plaintiffs’ domain names. The First Department found that a domain name that is not trademarked is nothing more than a contract right and that Register.com’s action did not violate General…