Garden Party: Trademark Battle Between Sports Arena and Cannabis Dispensary Illustrates "Likelihood of Confusion" Analysis Across Different Industries
Until it was demolished in 1995 and replaced by a shiny new arena now called TD Garden, the Boston Garden was one of the more storied venues in sports. With its distinctive parquet floor and numerous championship banners, the home of the NBA's Boston Celtics and NHL's Boston Bruins was well known far beyond New England. So, when a cannabis dispensary called "The Boston Garden" (TBG) opened its doors in its namesake city 4 ½ years ago, decades after the identically named arena closed its doors, the current owners of TD Garden, Delaware North, were none too pleased. Even though TBG had been in business for several years and had secured a trademark registration for its name in 2023 – without any objection by Delaware North – the dispensary now faces a trademark infringement lawsuit recently filed by that entity. . . . [READ MORE]
Bowl of Confusion: The Century-Long Trademark Battle Between Miami University and the University of Miami
Miami University in Oxford, Ohio, is having a fantastic year in sports. Its football team played in the college football championship for its division, while its basketball team rolled into the NCAA Tournament with an impressive 31-1 record. As the parent of a current Miami University student (Adrian, double majoring in Supply Chain Management and Accounting at Farmer School of Business), I take vicarious pride in the RedHawks' athletic success. But as a trademark attorney, I take a deep professional interest in a different, fascinating battle between the school and the similarly and confusingly named University of Miami. . . . [READ MORE]
LLF's Alexander Passo and Avery Buffa Defeat Attempt to Pierce Client's Corporate Veil, Sparing It and Its Owners From Significant Liability
The legal theory of "piercing the corporate veil" can be wielded as a powerful weapon by creditors that seek to impose liability on the owner of a judgment debtor corporation or LLC, on the grounds that the owner either engaged in fraud or operated the entity merely as its "alter ego." If successful, a piercing claim can threaten the personal assets of business owners who counted on their entities to shield them from any company-related liabilities. . . . [READ MORE]
