Eatery TM Battle Shows NY Confusion Factors Parallel Federal

By Michael Cardello (December 4, 2020, 5:53 PM EST) -- The Commercial Division of the New York State Supreme Court was created in 1995 to be the forum to adjudicate sophisticated and complex commercial disputes. Most Commercial Division cases center around, among other things, breach of contract, fraud, shareholder disputes, dissolution of corporations, partnerships and limited liability companies.

Trademark infringement cases are not common in the Commercial Division. Most trademark infringement cases are brought in federal court under the Lanham Act. In such federal court cases, litigants sometimes assert trademark infringement violations pursuant to common law and New York General Business Law, Section 360‑K, which mirrors the Lanham Act. To date,...

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