Law Blog

Refusing to Take It Easy, Eagles Sue over Hotel California Trademark

Refusing to Take It Easy, Eagles Sue over Hotel California Trademark

Common Law Trademark, Lanham Act, Trademark, Trademark Infringement, Unfair Competition
As first reported in The Hollywood Reporter, earlier this week The Eagles filed a lawsuit in the United States District Court for Central California seeking both an injunction and damages against a couple who (through their California-based LLC) operate the "Hotel California" in the Mexican state of Baja California. The suit alleges, among other things, that since 2001 the couple have gone out of their way to lead potential patrons into thinking that their establishment is connected with the iconic American band, even having served as the inspiration for the 1978 Grammy Record of The Year winner, not to mention having profited off of assorted merchandise bearing the name of perhaps the band's most popular song. On its (lovely) face, The Eagles' complaint claims "trademark infringement" against the defendants, however a closer look…
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Don’t “Wing” It on Your Retail Lease Exclusives

Don’t “Wing” It on Your Retail Lease Exclusives

Commercial Leases, Contracts, Real Estate, Sale of Business
If you're planning to have a retail lease assigned to you, particularly for a retail business with an all-important use exclusive or favorable renewal terms, you should first make absolutely sure that these key provisions will not be lost as part of any assignment. Don't think such a thing can happen? Think again. Recently, a client of ours was in the process of acquiring an existing national buffalo wings franchise located in a prominent local shopping center in Chandler, Arizona. According to Mr. Client, the existing lease gave the franchise seller/tenant an exclusive allowing tenant to be the only retailer of "buffalo-style chicken wings" in that shopping center. Since the current lease also had an option to the seller/tenant for an additional lease term at a pre-determined rental rate (which would…
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How to Remove Your LLC’s Statutory Agent in Arizona (Hint: You Don’t Need Their Permission)

How to Remove Your LLC’s Statutory Agent in Arizona (Hint: You Don’t Need Their Permission)

Business Formation, Corporations, Entity Formation, Limited Liability Company
Startups and established businesses often hire an attorney to set up their Arizona LLC and also have that same attorney serve as the company's statutory agent here. Changing the Arizona statutory agent for an LLC However, sometimes the business owners may want to go in a different direction (for example, a professional statutory agent company or another attorney) or just handle the statutory agent duties themselves. The question then becomes:  Do you as the managing member or members of the LLC have to let the current statutory agent know about this switch?  In other words, do you need the current statutory agent's actual approval or OK first? Do I need my Arizona statutory agent's permission? I was asked this question recently by a long-time friend who was the managing member…
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Voluntary vs. Administrative Dissolution of Your Arizona LLC

Voluntary vs. Administrative Dissolution of Your Arizona LLC

Business Formation, Entity Formation, Limited Liability Company
I'm often asked by LLC owners who have received a "Notice of Administrative Dissolution" from the Arizona Corporation Commission (ACC) whether they should just allow their company to be dissolved? Why not to rely on Administrative Dissolution of your Arizona LLC First off, it is important to understand that a notice of administrative dissolution is not the end of the World for your LLC.  An administratively dissolved LLC can be reinstated under certain circumstances (See A.R.S. 29-786(D)).  If you anticipate starting up business again in the near future, this is the path I usually recommend. This is because the ACC's Corporate Filings division is primarily a ministerial body.  In other words, it does not really review or investigate accidental or fraudulent corporate or LLC filings. For this reason, there is…
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Doctor Should Have Employment Contract Reviewed before Signing

Contracts
The other day a new physician came in to see me. She had just completed her residency and entered into an employment agreement with a local employer. During negotiations, her future employer had verbally agreed that she would only be required to work a certain number of hours per week on various duties like seeing patients, teaching residents, etc.  Perhaps thrilled at the prospect of a job (and gettting paid!), the young doctor took her employer at their word and signed her employment contract without having it first reviewed by an experienced attorney. After just the first week, however, it became clear that the hours she was being scheduled for (and number of patients she was being asked to see) were well above what she had previously agreed to during pre-employment…
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