Intellectual Property Law

New Matter WINTER 2017, Volume 42, Number 4

Case Comments

Lowell Anderson

Stetina Brunda Garred & Brucker


A clause requiring arbitration of claims "arising out of or relating to this Agreement," which transferred a domain name, released all claims "that occurred prior to the effective date of [the] Agreement," and agreed to "permanently cease and desist the use of the ZETOR mark" with exceptions not applicable to the case. The agreement resolved an existing dispute and did not create a forward-looking structure to resolve all future disputes. "The plain language of the contract does not apply to wholly independent claims arising several years later" involving the same trademark and new copyright claims. No breach of contract claim was alleged. The court affirmed the denial of a motion to compel arbitration. Zetor N. Am., Inc. v. Rozeboom, 861 F.3d 807, 123 U.S.P.Q.2d 1416 (8th Cir. 2017).

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