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.
\nThe article discusses the strategic value of bringing forward such a pre-emptive claim.
\nA 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.
","frontmatter":{"title":"Blog Bite: What is the strategic value of an 'action for declaration of non-infringement?'","date":"May 25, 2017","description":"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","author":{"id":"alina@clausehound.com","first":"Alina","last":null,"bio":null,"image":null},"tags":["Intellectual Property","Technology","Business","Ownership of Intellectual Property","Infringement of Third Party Intellectual Property","Intellectual Property Transfer","Litigation","IP Transfer","Blog Bites","Mondaq","USA","Canada (General)"]}}},"pageContext":{"slug":"/blog-bite-what-is-an-action-for-declaration-of-non-infringement/","previous":{"fields":{"slug":"/blog-bite-why-should-you-execute-your-agreement-in-writing-if-you-are-hiring-or-have-already-hired-a-freelance-worker-in-nyc/"},"frontmatter":{"title":"Blog Bite: Why should you execute your agreement in writing if you are hiring, or have already hired, a freelance worker in NYC?","tags":["Consulting Agreement","Execution","Mondaq","Learn","USA"],"author":{"id":"alina@clausehound.com","first":"Alina","last":null}}},"next":{"fields":{"slug":"/how-to-properly-sign-a-contract-e-signatures/"},"frontmatter":{"title":"How to Properly Sign a Contract - e-Signatures","tags":["Contract Drafting","Services","Master Services Agreement","frahman"],"author":{"id":"frahman@cobaltcounsel.com","first":"","last":null}}}}}}