United Industries Corp. v. Leveraged Marketing Corp. of America

MCINERNEY, J.,

I. BACKGROUND

On January 21,2004, Leveraged Marketing Corporation of America (“LMCA”) and Black Flag Brands, LLC (“Black Flag”) entered into a written trademark representation agreement whereby Black Flag designated LMCA as its exclusive licensing representative for its “Black Flag” trademark and agreed to pay LMCA certain commissions upon licensing the trademark (the “2004 TRA”). The 2004 TRA contains an arbitration provision whereby “[a]ny dispute or controversy arising out of or relating to this [agreement, or to the breach thereof, ...will be settled by arbitration before one…