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The Leasing Hotline
No Misappropriation of Building Name
A tenant did not misappropriate the name of the landlord's building where the landlord could not show that the tenant publicly renamed the landlord's building without its consent. Avon Products v. Solow, Index No. 18068/73, Supreme Court of the State of New York, Appellate Division, First Department, June 28, 2007.
In an action commenced by the tenant, the landlord counterclaimed, alleging misappropriation by the tenant of the name of the landlord's building. The court held that the landlord was unable to show by a preponderance of the evidence that Avon (the tenant) used but did not pay for the right to name the landlord's building formally and publicly. It was not sufficient to show that the tenant identified the name of the landlord's building as the 'Avon Building' to persons outside of the Avon organization. Moreover, even if the landlord had proved that Avon misappropriated the name of the building, damages, i.e., the value of the naming rights Avon 'used but did not pay for,' were not made out, especially in light of the fact that there was no signage involved.
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