Tag Archives: Settlement Agreement

Tort/Negligence – Invasion of Privacy – Misappropriation of Personality – Business Correspondence – Civil Practice – Statute of Limitations — Contract – Settlement Agreement – Indiana Law – Liquidated Damages (access required)

Insurance Products Marketing, Inc. v. Conseco Life Insurance Co. Despite a settlement agreement that severed the parties’ business ties, defendants have continued to use plaintiffs’ names on their business correspondence. By doing so, defendants may have been taking advantage of plaintiffs’ reputations or the value associated with their names.

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Intellectual Property – Trademark – Contract – Settlement Agreement – Natural Zone of Expansion – Cleaning Products – Electronics (access required)

Monster Daddy, LLC v. Monster Cable Products, Inc. The plaintiff-cleaning products company and defendant, a provider of audio and video products (including an electronics cleaning product), entered into a settlement agreement in 2007. The agreement granted plaintiff the right to extend its trademark into the natural zone of expansion for its various goods and services.

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Contract – Settlement Agreement – Third Party Mention – No Condition Precedent (access required)

Byrd v. Livingston This lawsuit arose after the defendant-seller granted an easement to defendant TIAA Timberlands, II, LLC around the same time she sold the land at issue to the plaintiff-buyer. After mediation, the parties entered into an “agreement in principle” which relocated the easement “express grant superseding and canceling the 66’ grant, son’s parcel included.”

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Intellectual Property – Patent License – Settlement Agreement – Validity & Enforceability Challenge – ‘Transacting Business’ (access required)

Hilex Poly Co. LLC v. Omega Plastics Corp. Even though, when a patent license is part a settlement agreement ending litigation, licensees are generally estopped from challenging the validity of the underlying patents, since defendants also challenge the validity . . .

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