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Arnall Golden Gregory LLP

April 16, 2015

Obtaining Trade Dress Protection for Distinctive Retail Store Designs
By: Scott E. Taylor and Andrew C. Stevens

Everyone knows that a company’s trademark portfolio is a critical asset. The Apple brand, for example, is valued at $124.2 billion dollars—making it the most valuable brand in the world. Many people do not know, however, that part of that $124.2 billion portfolio is Apple’s federal trademark registration for the distinctive design of its retail stores. More >

Standard is Not Always Fair − Six Questions Owners Should Answer Before Entering a Construction Contract
By: Daniel J. Bradfield

Construction documents, whether for a new building project or for a build out of tenant improvements, can be quite involved and perhaps a little daunting to an owner presented with “standard” American Institute of Architects (AIA) documents. Quite often owners simply verify the economic terms for the project, set a completion date, possibly include references to drawings or plans, and then sign a construction contract with little regard to the various provisions that will impact the amount of leverage available in the event a problem occurs with the project. Of course, no one has ever had issues arise during a construction project! While an owner should always seek counsel from an attorney with experience in negotiating construction contracts, there are six questions that an owner can ask to evaluate what rights and obligations it will have upon entering into a construction contract. More > 

The Importance of “Prevailing Party” Attorneys’ Fees Provisions - Gubernatorial Candidate Loses Race, Then Case
By: James A. Gober 

For three years, AGG represented a landlord in litigation with its major tenant that ended recently. The principal of the tenant happened to be the Libertarian Party candidate for Georgia governor, Andrew Hunt. The tenant asserted that it had suffered literally millions of dollars in damages due to the landlord’s breach of the lease with regard to maintenance of the roof of the building occupied by the tenant under the lease. The landlord counterclaimed for damages on several grounds, including the “prevailing party” attorneys’ fees provision in the parties’ lease. More > 

Court Rules Retail Landlords Can Utilized Radius Restrictions to Protect Their Tenant Mix
By: Rebecca Lunceford

Radius restrictions, in their most basic form, are intended to protect a landlord’s ability to realize percentage rent and avoid gross sales “kick outs” by preventing a tenant from cannibalizing its own sales. In addition, landlords can use radius restrictions keep competing shopping centers from drawing away the most desirable shoppers seeking a particular retail store. More >


To the extent any of us can be of service, please do not hesitate to contact any members of the Retail Industry Team

This newsletter is published by Arnall Golden Gregory’s Retail Industry Team. This information presented provides a general summary of recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice. For more information about the Retail Industry Team, please contact Jonathan L Neville, Abe J. Schear or David J. Marmins.
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