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By: Sharon Urias, Esq. AllState Insurance Company (“Allstate”) recently filed a lawsuit against Kia Motors (“Kia”) for trademark infringement over the use of the two words “drive” and “wise.” Both companies use the words as monikers for their products. Allstate has the “Drivewise” driver data and rewards program and Kia offers “Drive Wise” technology assistance and autonomous vehicle features.
Contracting parties in the know are aware that the statute of limitations for breach of contract is six years. But a recent appellate decision reminds us that the parties can shorten that period quite a bit.
Think you've got a strong claim for willful exaggeration of a mechanic's lien filed by your contractor or subcontractor? Not so fast. The lien can be withdrawn or discharged at any time and with it goes your claim.
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