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Cleveland Business & Commercial Law Blog

Facebook settles business lawsuit with Timelines Inc.

On behalf of Dinn, Hochman & Potter, L.L.C. posted in Business Litigation on Thursday, May 16, 2013.

An Internet company based in the Midwest, which reportedly has roughly 94,000 monthly users, has settled a lawsuit against the social media giant Facebook. The company filed a lawsuit against the popular social media service in 2011 after Facebook announced that it was changing the name of the chronological function on the service from the Facebook “wall” to the timeline. The social networking site made the announcement in 2011.

Two years earlier, entrepreneurs obtained a trademark for the use of “timelines” for user created chronologies. The company holding the trademark, Timelines Inc., runs a website, which allows users to create chronologies on its website and sued Facebook for trademark infringement.

The company sought to protect its trademark through an injunction, barring Facebook from using the term timelines on its chronological function. The business litigation also sought compensation from Facebook related to the revenues the social networking service generated through advertisements posted on the Facebook timeline.

Fewer new businesses formed in 2012 as nation deals with economy

On behalf of Dinn, Hochman & Potter, L.L.C. posted in Business Formation & Planning on Thursday, May 9, 2013.

Job creation has been a hot-button topic for several years as the nation’s economy has been an issue. Commentators say that small businesses are important in job creation. Obviously, a startup business faces a wide variety of issues that includes the potential for job creation as only one aspect of the business.

Many entrepreneurs seek to form a new business based upon a concept, and it is important for a new business owner to consider many legal issues from the beginning to help the business down the road.

Court denies Macy's an injunction in Martha Stewart, JCP dispute

On behalf of Dinn, Hochman & Potter, L.L.C. posted in Contract Disputes on Thursday, May 2, 2013.

The Cincinnati-based retail giant Macy's is embroiled in a contract dispute over goods bearing the name of Martha Stewart. Macy's says that it has a long-standing contract with Ms. Stewart for exclusive rights to sell the goods. However, J.C. Penney wants to sell the line of goods designed by the famed entreprenuer. Earlier this month, JCP reportedly began selling the line of home products, including cookware, bedding and more that were designed by Ms. Stewart as the contract litigation proceeds in court.

Macy's sought to halt the sale of the goods while the lawsuit remians pending. However, a New York appeals court handed Macy's a temporary blow Tuesday, when the court refused to grant the retail giant a temproary injunction barring JCP from selling the goods while the legal issues remain in court.

Startup company planning to expend to Cleveland faces legal issues

On behalf of Dinn, Hochman & Potter, L.L.C. posted in Business Formation & Planning on Friday, April 26, 2013.

A startup company has caught the attention of some major broadcasting corporations. The entrepreneurial venture is making waves among broadcasters, including Fox, ABC, CBS and NBC because the broadcasters believe that the company is infringing on the broadcaster's rights. The company, known as Aereo, currently operates in New York--and sources say that the company offers subscribers an online service to view television broadcasts on the Internet.

The startup business is looking to expand its service to other markets, including Cleveland, Ohio, according to Crain's Cleveland Business. In all, Aereo reportedly plans to expand to 22 additional markets in the near future, with Cleveland on the list as soon as the end of May. But in the meantime, the entrepreneurial business may have to overcome some legal issues with the broadcast powerhouses.

Dinn, Hochman & Potter, LLC protects mortgagee's rights in Sixth Circuit Court of Appeals by defeating borrower's attempt to void mortgage loan.

By Dinn, Hochman & Potter, LLC of Dinn, Hochman & Potter, L.L.C. posted in Creditor's Rights on Wednesday, March 20, 2013.

In a significant victory for creditor's rights, the Sixth Circuit Court of Appeals affirmed the decision of the United States District Court for Northern District of Ohio which held that the failure of a lender to record an assignment of mortgage even when the original lender is no longer in business does not constitute grounds for the borrower to quiet title to the mortgage. In so holding, the Sixth Circuit Court of Appeals agreed with Dinn, Hochman & Potter attorneys Benjamin D. Carnahan and Thomas A. Barni that transfer of a promissory note serves to transfer the mortgage independent of whether an assignment of mortgage is recorded. Dinn, Hochman & Potter thwarted the borrower's attempt to quiet title to real property of his mortgage loan, which, if successful, would have voided the mortgage, prevented foreclosure and eliminated the creditor's secured interest in the real property.

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