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Tuesday, July 26, 2011

Ind. Decisions - No Indiana decisions today from the 7th Circuit, but ...

There was a bankruptcy/trademark opinion (Western Glove Works v. XMH Corp.), a copyright opinion (Nova Design Build, I v. Himanshu Modi), and an opinion (White Pearl Inversio v. Cemusa, Inc.) that begins, and ends:

Shelters at bus stops and trash baskets on municipal streets are no longer just shelters and trash baskets. They have become “street furniture.” With the change of name comes an opportunity for advertising. Instead of paying someone to build and maintain fixtures, cities invite specialized enterprises to pay them. The vendors erect and maintain the street furniture at their own expense, financing the venture by advertising. Vendors give the cities a cut of that income. Whichever firm offers a city the most lucrative deal gets the contract—provided the city deems the bidder reputable and reliable. * * *

Cemusa agreed to pay White Pearl $240,000 for preparatory services—defined in the Letter Agreement and the Master Agreement as consulting and PR work done before New York City issued a RFP for street furniture. Cemusa kept that promise. It terminated the Master Agreement before New York issued the RFP. White Pearl, like the real estate agent fired before a house is listed for sale, is not entitled to more.

Posted by Marcia Oddi on July 26, 2011 01:15 PM
Posted to Ind. (7th Cir.) Decisions