Intellectual Property Law
New Matter WINTER 2017, Volume 42, Number 4
Content
- 2018 New Matter Author Submission Guidelines
- Contents
- Federal Circuit Report
- Intellectual Property Section Executive Committee 2017-2018
- Intellectual Property Section Interest Group Representatives 2017-2018
- Ip and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- MCLE Self-Study Article
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- The Federal Circuit Revisits Inequitable Conduct: How the Best-Laid Schemes of Mice and Men Go Often Awry
- The Licensing Corner
- The State Bar of California Intellectual Property Alumni
- Ttab Decisions and Developments
- Case Comments
Case Comments
Lowell Anderson
Stetina Brunda Garred & Brucker
ARBITRATION
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).