Has your business picked and established a name, only to receive a cease and desist letter from a business claiming to already operate under or own rights to such a name/mark? Have you planned to use a name for your new business, but discovered that there are already other business(es)...
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Visits to Outdoor Recreation Conferences, OIA Rendezvous and Overland Expo
Just last week (October 3-9, 2014) I attended both Overland Expo 4×4 festival and parts of the Outdoor Recreation Industry (OIA) annual “Rendezvous” conference. Both were held in Asheville, recognized as an east coast hot spot for outdoor recreation and adventure activities and businesses. The Overland Expo, which has always...
Decreased Landowner Liability for Recreation and Greenway Access and Easements
Forrest P. Merithew, Attorney at Law, practices recreation law, along with a number of other traditional practices areas, which relate to the recreation and related gear industries. Forrest’s personal and professional experience in these areas allows him to understand the many challenges recreational companies and individuals face in the pursuit...
Negligence – Contributory versus Comparative
Forrest P. Merithew, Attorney at Law, has experience and primarily practices in the civil and commercial arena, including civil and commercial litigation. If you have been sued in a negligence matter, or other personal injury, toxic tort, or liability exposure case, or wish to proceed against another on the basis...
Increase in Adventure Racing – Extreme Sports Creates New Liability Questions
ABA Journal just released an article on Adventure Racing/Extreme Sports and the respective liability issues here. The article also includes a link to 7 extreme sports events that have resulted in an injury and then ended up in Court. With a great expansion in the number of adventure races, such as Tough...
Good Samaritan Laws and North Carolina’s
Good Samaritan Laws are laws that provide someone with immunity from civil liability if they assist an individual who is in need of emergency aid. The laws generally provide protection even if the person helping is negligent and accidentally does something to the injured person that causes additional or further...
Business Entity Liability Protection and Keeping It
In previous blog articles, I have discussed measures outdoor recreation and adventure companies can properly maintain their business and activities to not only protect their clientele, but also their business, and personal assets (here and here). Here, I will discuss how proper management of one’s business entity itself can further...
WNC Alliance’s & French Broad Riverkeeper’s 2014 French Broad Paddle-A-Thon
The Western NC Alliance and French Broad Riverkeeper will be hosting two separate trips down different sections of the French Broad River this year to raise awareness of the issues and considerations affecting our rivers and ecosystems, as well as funds for education and conservation. The first trip is coming...
Importance of Industry Standards in Negligence Defense
In a previous article, I discussed steps outdoor recreation and adventure companies and outfitters should be aware of and take to properly have in place defenses to poential negligence injury liability and claims. Here, I discuss the importance of being aware and following applicable industry standards in outdoor recreation and...
California’s Stringent Strict Product Liability Laws And Theories Of Recovery May Affect An NC Designer, Manufacturer, Or Distributor
Overview Product Liability Law – California’s Stringent Strict Product Liability Laws And Theories Of Recovery May Affect An North Carolina Designer, Manufacturer, Or Distributor So your business manufacturers a product, good, or gear in North Carolina, maybe its bike components, furniture, or something else you plan to sell nationwide. Or,...