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Hospitalitas Newsletter - Winter 2014

In This Issue: - Marriott Fined $600,000 For Wi-Fi Jamming - Franchisor Liability for Franchisee Employment Decisions: The NLRB’s General Counsel Addresses the Move to Expand the Joint-Employer Standard, and...more

Trademark Review - December 2014

The TTAB Sets the Rules for Pleading Abandonment of a Section 66(a) Registration - VENM seeks registration of the mark VENM for dance costumes. Dragon Bleu opposed registration of VENM’s mark based on 3 earlier...more

Reflections and Gratitude

We started this blog about eight months ago. We did so because of the prevalence of section 75-1.1 claims in North Carolina business disputes. Indeed, it’s the unusual business dispute in North Carolina that does not include...more

District Court Awards Florida Couple Over $1 Million In Robocalls Suit

Recently, the U.S. District Court for the District of Florida denied a major bank’s motions to vacate and modify a judgment that awarded a Florida couple a total of $1,051,000 – approximately $1,500 per unauthorized call....more

Practice Tips For Determining Likelihood of Confusion – Factors to Consider When Assigning Similarity of Trademarks

When reviewing any new trademark application, one of the first issues an Examiner will address is whether or not there is a “likelihood of confusion” between the new mark and any other mark that is already registered with the...more

California Federal Court Decertifies Second Damages Class in as Many Months

For the second time in as many months, the Northern District of California has decertified a damages class in a food labeling class action because the plaintiff’s damages model was incapable of measuring only those damages...more

Trademark Trends: Back-to-Back Arguments in Trademark Cases at SCOTUS

The Supreme Court heard oral argument in trademark cases on consecutive days this month. On December 2, 2014, the issue of whether a finding by the Trademark Trial and Appeal Board (TTAB) of likelihood of confusion precludes...more

Can the NSA Legally Collect Telephone Metadata?

Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more

Temperatures Rise in Mann Libel Suit

It has been a few months since I wrote about Michael Mann’s libel suit against National Review, the Competitive Enterprise Institute and two contributors. During that time, the parties have been very busy in both the...more

Update: Syngenta Litigation Regarding GMO Corn

In a recent post, we detailed lawsuits filed by corn exporters, farmers, and other stakeholders against Syngenta Corp. regarding its marketing of corn which contains genetically modified (“GMO”) traits that have not been...more

Supreme Court Corner: Q4 2014

KIMBLE V. MARVEL ENTERPRISES, INC. Patent Licensing - Cert. Pending - Issue: Whether the Supreme Court should overrule Brulotte v. Thys Co., which held “a patentee’s use of a royalty agreement that projects...more

Can Offensive Personal Tweets Justify Dismissal?

Most of the case law in the UK on dismissals related to employees' social media activity has been at employment tribunal level and therefore the recent decision of the Employment Appeal Tribunal (“EAT”) in Game Retail v Laws...more

Crime-Fraud Exception to Attorney-Client Privilege – Facebook’s Lawsuit

The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your client’s...more

Judge Koh Awards Double Victory in “Natural” Labeling Class Action Against Dole, Granting Decertification and Summary Judgment

As the food “misbranding” litigation continues to fill courts’ dockets, Judge Lucy H. Koh recently put an end to the two-year battle against Dole’s packaged fruit labeling in the Northern District of California. Dole...more

A New Domain Name Dispute Alternative: The Uniform Rapid Suspension System (URS)

The Uniform Rapid Suspension System (URS) was created as part of ICANN’s new gTLD program. A gTLD (generic top-level domain) is the “suffix” at the end of a domain name, most commonly .com, .org, .info, .biz and .us. Prior to...more

USPTO: Over Half of Applications/Declarations Studied Over-Claim Covered Goods/Services

It has been the practice of some brand owners to include more goods in a use-based trademark application or declaration than were actually being used. Under TTAB precedent such as Medinol v. Neuro Vasx, Inc., 67 USPQ2d 1205,...more

“Crumbs” of Hope for Trademark Licensees

You are a trademark licensee, and your licensor suddenly declares bankruptcy. Then, to make matters worse, the bankruptcy trustee rejects your licensing agreement. What does this mean for you? Although intellectual...more

On the Seventh Day of Privacy, federal agencies gave to me…..

Questions of Authority – who will be the federal regulatory cop on the privacy beat? FTC? FCC? Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 - As privacy and data security gain more visibility...more

Illinois Court Holds No E&O Coverage for Underlying TCPA Violation

In Margulis v. BCS Ins. Co., 2014 Ill. App. LEXIS 826 (Ill. App. Ct. 1st Dist. 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an insurer has a duty to defend an insurance agent under...more

TCPA Connect - December 2014

Burger King Settles TCPA Suit for Whopping $8.5M - Letting the class have it their way, Burger King reached an $8.5 million deal to settle a Telephone Consumer Protection Act suit over fax advertisements....more

From the Right to be Forgotten to the Right to an “e-Reputation’’: First Enforceability Ordered by French Court under Penalty

A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects...more

Increased Use of Summary Disposition in the Federal Court: An Efficient and Cost-Effective Tool to Resolve Trademark Cases

For many years, summary disposition was essentially unavailable in intellectual property cases in the Federal Court of Canada, unless a claim or defence was plainly devoid of merit. For some parties, this presented a...more

Food Litigation Newsletter - December 2014 #2

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Mott’s Defeats Class Certification in Apple Juice Labeling Fight ..Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil...more

American Broadcasting Co. v. Aereo and its Aftermath

The U.S. Copyright Act in 17 USC 106 specifically gives copyright owners the exclusive right to control “performances” of their works. 17 USC 101 defines public performance as including “transmission” of the work. In 17 USC...more

Aviator Brewing Company Asks Court to Declare: MAD BEACH Beer Label Does Not Infringe California Brewery’s Beer Label

On November 17, 2014, craft brewer Aviator Brewing Company filed an action in the United States District Court for the Eastern District of North Carolina, seeking a declaration from the Court that its MAD BEACH beer label...more

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