This morning, Sports Authority, Inc. (“Sports Authority”) filed for Chapter 11 bankruptcy protection in the United States District of Delaware, Bankruptcy Court, case # 16-10529. The retailer with more than 450 stores is expected to close about 140 locations within the bankruptcy proceeding. Sports Authority was once the biggest sporting-goods chain in the U.S., but over the past few years has had difficulty competing with Dick’s Sporting Goods Inc., Lululemon Athletica Inc., Gap Inc.’s Athleta, and Amazon.com, Inc. Landlords Beware If you are a landlord, you will want to know:Will they remain a tenant?;When will rent be paid?;Are there pre-petition claims that are owed?;Is the Debtor in default of pre-petition non-monetary obligations?; and,What other damages are owed (both pre- and post-petition)? Trade Creditor Questions Trade creditors, including suppliers, should also be asking important questions, such as:Have you been paid on time and … [Read more...] about Sports Authority Files for Chapter 11 Bankruptcy in Delaware
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In the latest episode of a 30-year dispute over the use of marks depicting mounted polo players, the U.S. Court of Appeals for the Second Circuit vacated the district court’s order finding contempt of a 2012 injunction. U.S. Polo Ass’n, Inc. v. PRL USA Holdings, Inc., Case Nos. 13-1038, -1130 (2d Cir., May 13, 2015) (Winter, C.J.).The U.S. Polo Association (USPA) is the national governing body for the sport of polo, but it also sells branded apparel, accessories and other products. The appellees (collectively PRL) own the Polo Ralph Lauren marks, including the famous logo depicting a single mounted polo player with a raised mallet.The first case between the parties ended in 1984 and resulted in PRL’s victory and a broad injunction barring the USPA from using any mark “confusingly similar” to the PRL marks in connection with any goods or services. In 1996, the USPA began using the Double Horsemen Mark, depicting two mounted polo players, in connection with … [Read more...] about No Clear Notice, No Contempt: U.S. Polo Ass’n v. PRL USA Holdings – Trademark Litigation
Sports Authority, Inc. (“Sports Authority”) appears to likely be the next big tenant Chapter 11 bankruptcy filing. Recent reports are indicating that the sporting and apparel chain is preparing to file for Chapter 11 bankruptcy protection, as debt payments are due in 10 days, according news reports from Bloomberg Business and other outlets. Of its 450 stores,Bloomberg reports that Sports Authority plans to close as many as 200 locations within a bankruptcy proceeding.Sports Authority was once the biggest sporting-goods chain in the U.S, but over the past few years has had difficulty competing with Dick’s Sporting Goods Inc., Lululemon Athletica Inc., Gap Inc.’s Athleta, and Amazon.com Inc. Landlord’s QuestionsIf you are a landlord, it’s a good idea to review your accounting and call any defaults that may exist. Furthermore and operationally, you may want your property manager to speak with the store … [Read more...] about Sports Authority Looks to be the Next Big Tenant Chapter 11 Bankruptcy Filing
Eclipse IP LLC (“Eclipse”), which is used to being the plaintiff in a series of lawsuits asserting patents purporting to cover computer-based notification systems, has for the second time found itself a defendant over those patents.On January 25, 2013, FedEx Corporate Services, Inc. (“FedEx”) filed a declaratory judgment action against Eclipse in the U.S. District Court for the Northern District of Georgia, Atlanta Division, seeking declarations of noninfringement and invalidity of U.S. Patents Nos. 7,119,716 (“the ’716 Patent”), 7,479,899 (“the ’899 Patent”), 7,482,952 (“the ’952 Patent”), 7,319,414 (“the ’414 Patent”), and 7,876,239 (“the ’239 Patent”) (collectively, “the Patents-in-Suit”).As reported in a Law360 article, counsel for Eclipse indicated that its patents “relate in part to systems for keeping individuals apprised of the whereabouts of a … [Read more...] about FedEx Becomes Second Carrier to Deliver Patent Declaratory Judgment Complaint to Eclipse IP LLC
Hoverboards are great: they are a fun way to get from Point A to Point B, easy to use (after a little wobbly practice), lightweight, and portable. Hoverboards are like Segways without handlebars; they are self-balancing and allow the operator to accelerate, turn, and stop. However, major airlines have banned the popular device du jour for safety reasons, as have some major online retailers, and the New York City Police Department tweeted that the devices would be deemed an illegal motorized scooter under NYC Admin. Code 19-176.2 if used on the public streets.And, there is another potential downside. According to a complaint filed in the Northern District of Indiana, they may unexpectedly explode and catch fire. The claimant, Michael Brown, filed a putative class action against Swagway, LLC, a manufacturer of hoverboards, and Modell's Sporting Goods, Inc., the popular sporting goods store, after a hoverboard that Brown purchased for his children allegedly exploded while … [Read more...] about Hoverboards: Just as Explosive as Their Sales?