July 5, 2007

What's in a name?

Avon did not misappropriate the name of the landlord's building in violation of the parties' agreement, according to the First Department, in Avon Products v. Solow, which was decided on June 28, 2007. "Although two of the four documents relied upon by Solow tend to show that Avon did refer to the building as the 'Avon Building' in communications to persons outside the Avon organization, that is not sufficient to establish Avon's misappropriation of the building's name. The remaining two documents, letters to Diesel Construction and the New York City Board of Trade, are inconsequential and could not reasonably have been viewed as tipping the balance in Solow's favor."