This article posted on our partner site Mondaq.com reviews the case in which a golf ball manufacturer raised a complaint against Costco, who in turn brought an action for a declaration of non-infringement. The article discusses the strategic value of bringing forward such a pre-emptive claim. A conclusion to draw is that, in an M&A context, the acquirer could require (or budget for) such a declaration as a post-closing condition or undertaking.
– – – This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.
About Mondaq: Clausehound users will need to log into Mondaq.com upon arrival. For over 20 years, Mondaq has been creating one of the world’s most comprehensive online resources of professionals’ expertise and knowledge. Their content is provided by professionals in over 70 countries and covers a broad range of information related to legal, financial and regulatory topics. Clausehound subscribers will be able to utilize Mondaq resources, intersected directly where relevant, within Clausehound’s knowledge library.
About Clausehound: Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound’s $10 per month DIY Legal Library hosts tens of thousands of legal clauses, contracts, articles, lawyer commentary and instructional videos. Clausehound offers additional services such as a $90 Starter Kit for entrepreneurs that includes the first 12 agreements a business requires to launch, Drafting Playbooks to walk entrepreneur through the legal drafting process, and on-demand and discounted review by local lawyers.