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Target (TGT) served papers by Andre Agassi for name misuse

Andre Agassi plays Wayne Ferreira during the Australian Open Tennis Championships in Melbourne, Australia, on January 23, 2003.Target Corp. (NYSE: TGT) had better watch its game when it comes to using trademarks and copyrights to sell its store brands. In that vein, former tennis great Andre Agassi has volleyed a lawsuit against the nation's second-largest discount retailer for failing to notify (read: pay) him for using his name on the retailer's store brand of men's sandals. A quick look at Target's website shows no shoes with the term "Agassi," so the retailer may have already pulled them from being sold.

Perhaps Agassi was strolling through a Target store recently and saw this abhorrent product (well, not likely; maybe his lawyer did) and thought a little proper PR was needed now that he is retired. Jokes aside, I am not sure what Target men's merchandising execs were thinking when they named a men's sandal line "Agassi" in the first place. Was the coffee not flowing that morning or something?

In addition to the sandals showing up on Target's website, they were also available for purchase on Amazon.com (NASDAQ: AMZN), since that e-tailer handles Target's e-commerce duties. As issue are over 52,000 pairs of the sandals to which the name "Agassi" was attached without permission. Now, that name does not legally belong to just Andre, so if Target found a 'designer' with that name, it will have a leg to stand on (and serve with). Otherwise, expect these sandals to disappear fast, with some making their way to eBay as collector's editions or something equally ridiculous.

Amazon.com investors not concerned over Big Blue's lawsuit

Each year, International Business Machines Corp. (NYSE:IBM) spends about $6 billion on R&D. It not only allows the company to launch better products -- but is also a source of licensing revenues. And the occasional lawsuit, such as the one filed against Amazon.com. The amount? Like most of these kinds of suits, it is unspecified. IBM's suit covers five patents, which cover things like storage, customer recommendations and other common features that any e-commerce company would provide.

Interestingly enough, IBM filed its case in Texas, which tends to be favorable to patent-holders. But, one thing is certain: patent litigation is time-consuming. So, unless there is a settlement (which does not seem like something Amazon.com likes to do), expect this case to continue for several years.

And, as seen with the stock price of Amazon.com, investors seem blissfully unconcerned. The stock is up this morning after the news by 24 cents to $32.81.

Tom Taulli is the author of various books, including the Complete M&A Handbook and operates InvestorOffering.com.

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Last updated: November 12, 2009: 10:57 AM

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