Intellectual Property Law

New Matter SUMMER 2017 Volume 42, Number 2

Case Comments

Stetina Brunda Garred & Brucker


"Our holding is that Florida’s doctrine of equitable estoppel permits a non-signatory to an agreement to avail herself of an arbitration clause only when the claims asserted against her fall within the scope of the clause that the signatories had agreed upon." Thus, defendant Kim Kardashian cannot compel a company (plaintiff) to arbitrate a trademark infringement claim based on an agreement to which Kardashian is not a party, on a claim not covered by the settlement agreement and its arbitration clause. An order denying arbitration was affirmed. Kroma Makeup, EU v. Boldface Licensing + Branding, 845 F.3d 1351, 121 U.S.P.Q.2d 1312 (11th Cir. 2017).


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