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Seventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in TCPA Class Action Settlement

In Americana Art China Company, Inc. v. Foxfire Printing & Packaging, Inc., 743 F.3d 243 (7th Cir. Feb. 18, 2014), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s attorneys’ fees award in a...more

Putative Class Members Cannot Establish Damages In Dietary Supplement Case

In Moore v. GNC Holdings, Inc., Southern District of Florida Judge Dimetrouleas ordered partial summary judgment in favor of GNC and against the class as to plaintiffs’ damages claims under Florida’s Deceptive & Unfair Trade...more

Google Ordered to Remove All Copies of Anti-Islamic Film From YouTube After Actress With Bit Part Threatened by Outraged Muslims;...

An aspiring actress moves to California and finds her life threatened. While standard fare for pulp fiction, the case of Garcia v. Google involves a twist on this well-worn plot line that not even the most imaginative...more

A (POM) Wonderful Result For Consumer Class Action Defendants

On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously...more

Airport Restaurant Service Provider Seeks to Ground Hijacked URL

OTG Management, LLC (“OTG”), seeks to enjoin unnamed defendants from anonymously continuing “a misleading uniform resource locator (“URL”) and corresponding email services,” posing as an OTG employee and using OTG service...more

Supreme Court Corner - Q1 2014

OCTANE FITNESS V. ICON HEALTH & FITNESS* - Patent: Argument: February 26, 2014 - Issue: Whether the Federal Circuit’s two-part test for determining whether a case is “exceptional” under 35 U.S.C. § 285 – that it...more

Food Litigation Newsletter - March 2014 (2)

In This Issue: - Recent Significant Developments and Rulings ..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case ..Voluntary Dismissal in Bumble Bee Class Action - New...more

Norwich Orders and Copyright Trolls

The decision of the Federal Court in Voltage Pictures LLC v John Doe and Jane Doe, 2014 FC 161, provides insight into the collision of Norwich Orders, means used to identify unknown infringers, and the growing business model...more

Experience Jimi Hendrix, Post-Mortem Publicity Rights - Experience Hendrix LLC et al. v. HendrixLicensing.com LTD et al.

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court’s ruling finding unconstitutional the provisions of the Washington Personality Rights Act pertaining to post-mortem publicity rights, qualified that...more

District Court Denies Class Certification and Grants Partial Summary Judgment in Favor of DISH Network L.L.C. in Telemarketing...

CLEVELAND, OH – February 25, 2014 –Benesch achieved a significant victory for DISH Network L.L.C. when the Federal District Court in Denver, Colorado issued an order and an opinion denying the Plaintiff’s Motion for Class...more

Stacy Allen Speaks: Looking Back 50 Years At 'N.Y. Times v Sullivan' and the Civil Rights Movement

I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more

Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against...more

Family of Jack Gibson, founder of the National Association of Radio Announcers for Black Radio DJs, enforces famous mark “Jack the...

Judge Thrash issued a ruling granting in part and denying in part the motion for summary judgment of plaintiffs (Jill Gibson Bell, et. al., hereinafter “Gibson Family”) against Billy Darren Foster (“Foster”) for trade mark...more

Google To Get Grilling Before UK Courts for Covert Safari Browser Tracking

High Court Judge Mr Justice Michael Tugendhat has declared in the case Vidal-Hall & Ors v Google Inc. [2014] EWHC 13 (QB) (16 January 2014) that infamous U.S. corporation Google Inc. (‘Google’) will face the scrutiny of the...more

You May Not Necessarily Be the Master of Your Domain

The ability to associate goods and services with a specific domain name can make or break a business, so much so that companies are still willing to fork over millions to purchase domain names. And although you may consider...more

Fla. Court Lifts Ban on Reporting Accidentally Released Criminal Confession

A Florida trial court vacated two prior restraint orders against the media from publishing unredacted information in a police report. On August 23, 2013, James Patrick Tadros was arrested and charged with attempted...more

US Supreme Court Will Hear Broadcasters’ Case

Aereo, a New York-based startup technology company financed by Barry Diller, utilizes warehouses full of tiny antennas to capture over-the-air television and then retransmit it over the Internet to its subscribers’ digital...more

Ninth Circuit Raises The Bar For Plaintiffs Seeking Trademark Injunctions

The Ninth Circuit’s recent decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management Inc. increases the burden on trademark plaintiffs seeking preliminary injunctions. The case is the first decision from a...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 13, 2013

Herb Reed Enters., LLC v. Fla. Entertainment Mgmt., USCA, Ninth Circuit, December 2, 2013 - Ninth Circuit reverses district court’s ruling that enjoined entertainment company from using “The Platters” mark for vocal...more

Third-Party Service Providers Not Liable for Contributory Trademark Infringement

Trademark owners frustrated by cybersquatting will not be able to sue third-party service providers for contributory infringement, according to a decision by the U.S. Court of Appeals for the Ninth Circuit....more

Florida District Court Dismisses Class Action Complaint Against Tampa Bay Buccaneers Due Rule 68 Offer Of Judgment

Jeffrey M. Stein, D.D.S., M.S.D., P.A., et al. v. Buccaneers Limited Partnership, No. 8:13-cv-02136-SDM-AEP (Oct. 24, 2013). Three dentists, a pest control service and two other alleged recipients of unsolicited faxes...more

Defendant-Business Not Vicariously Liable For Third-Party B2B’s Unsolicited Fax Advertisements In Putative TCPA Class Action

In Palm Beach Gold Center-Boca, Inc. v. Sarris, No. 12-80178, 2013 U.S. Dist. LEXIS 155912 (S.D. Fla. Oct. 22, 2013), the United States District Court for the Southern District of Florida recently granted summary judgment in...more

Monster Beverage Dismissal Order Energizes Defenses Available to Food Labeling Defendants

A recent, comprehensive decision from the Central District of California lends valuable support to defendants’ ability to pursue pleading challenges and defenses in the context of food labeling class actions. In Fisher v....more

Michigan Court Holds Business Owner Individually Liable For TCPA Violation But Denies Request For Treble Damages

Jackson Five Star Catering, Inc. v. John R. Beason and Tax Connection Worldwide, LLC, No. 10-10010, 2013 WL 5966340 (E.D. Mich. Nov. 8, 2013) - Pending before the Court were several motions, including Defendant...more

Think there's fruit in your Froot Loops?

Does Frosted Mini-Wheats cereal improve a child's attentiveness in school? Do fruit Roll-Ups and Fruit by the Foot have to contain real fruit? Would a reasonable consumer expect Cap'n Crunch with Crunchberries cereal to...more

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