Jack Daniel’s Properties, Inc. v. VIP Products LLC. (Docket 22-148)
On March 22, 2023, VIP Products LLC told the Supreme Court that its parody Bad Spaniels whiskey-bottle-shaped dog toys do not violate the Lanham Act...more
3/27/2023
/ First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
SCOTUS ,
Trademark Litigation ,
Trademark Registration ,
Trademarks
In December, we reported on the oral argument in the U.S. Supreme Court in Facebook v. Duguid, which presented the question of what was required for equipment to qualify as an automatic telephone dialing system (“ATDS”) under...more
Yesterday, the U.S. Supreme Court heard oral argument in Facebook v. Duguid—a significant case potentially limiting the reach of the Telephone Consumer Protection Act (“TCPA”). Facebook will resolve a circuit split over what...more
Recently, the Ninth Circuit Court of Appeals held that an Illinois class of Facebook users can pursue a class action lawsuit arising out of Facebook’s use of facial scanning technology....more
8/28/2019
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Certification ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
FRCP 23(f) ,
Personal Data ,
Personally Identifiable Information ,
Social Media ,
Standing
The federal rules of civil procedure require that class action settlements be “fair, reasonable, and adequate.” In Frank v. Gaos, No. 17-961, the U.S. Supreme Court was expected to decide whether a district court properly...more
3/22/2019
/ Class Action ,
Cy Pres Funds ,
Frank v Gaos ,
FRCP 23(e) ,
Google ,
Remand ,
SCOTUS ,
Settlement ,
Spokeo v Robins ,
Standing ,
Stored Communications Act ,
Vacated
KANSAS CITY, Mo. On Dec. 7, 2018, the Federal Circuit issued a decision in Jack Henry & Associates, Inc. v. Plano Encryption Technologies, case number 16-2700, holding that non-practicing entities (companies whose only...more
The U.S. Supreme Court recently issued an important decision on statutes of limitations in class actions. As it has done several times this term, its decision in China Agritech resolves a relatively narrow issue in a...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
Much has been written about the Federal Communication Commission's ("FCC's") recent 138-page Declaratory Ruling and Order that broadened the scope of the Telephone Consumer Protection Act ("TCPA") and will likely encourage...more
Telephone Consumer Protection Act ("TCPA") class action lawsuits are booming, and plaintiffs are commonly seeking tens, if not hundreds, of millions of dollars in damages. These cases often arise out of a marketing campaign...more
The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts...more
On Monday, the United States Supreme Court decided in Executive Benefits Insurance Agency v. Arkison that while bankruptcy courts do not have the power to make final decisions on so-called "Stern claims," they can try or...more
Do you or your company own real property in Kansas? If so, then challenging your property's tax valuation is more appealing than ever, thanks to the 2014 Kansas Legislature. ...more
A growing number of federal courts have confirmed that the once-common discovery practice of asserting an objection followed by a bare "conditional" response, i.e., stating that "Subject to and without waiving the stated...more
In This Issue:
- Prevention
- Notification
- Potential Litigation
- Conclusion
- Excerpt from Foreward:
As the recent Target and Neiman Marcus data breaches made clear, cyber security is one...more
In a prior e-Alert, the Commercial Litigation practice outlined the issues confronting your business when deciding whether to enter into a contractual arbitration agreement. The alert noted that an important issue to consider...more
In This Issue:
- The Duty to Preserve
..What triggers the duty to preserve?
..Who has a duty to preserve?
..What is the scope of the duty to preserve?
- Litigation Hold Notices
- Potential...more
In This Issue:
- Comcast Corp v. Behrand
- Take-Away from Comcast Corp v. Behrand
- Standard Fire Insurance Co. v. Knowles
- Take-Away from Standard Fire Insurance Co. v. Knowles Amgen Inc. v.
-...more
Social media is one of the fastest growing tools businesses use to employ marketing tactics in a timely and cost effective manner. ...more