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Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

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Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

Falcon Rappaport & Berkman LLP

Cannabis Rescheduling – A Look Towards the Future of the Industry

The Drug Enforcement Administration (DEA) will call for cannabis to be rescheduled according to a report by the Associated Press. The anticipated rescheduling follows the Department of Health & Human Services’ (HHS) August...more

Mayer Brown

EU Bans Products Made Using Forced Labour – What Should Companies Expect?

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On March 5, 2024, the European Parliament and the Council of the European Union reached a "political agreement" on a Regulation prohibiting products made with forced labour ("the EU Forced Labour Regulation" or "the EUFLR")...more

Proskauer - Blockchain and the Law

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

BakerHostetler

Made in USA, Part Two – How Far Back Do You Have to Look?

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Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more...more

Hogan Lovells

Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

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On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more

Wyrick Robbins Yates & Ponton LLP

Structuring M&A Agreements – Five Lessons from the Tiffany & Co. V. LVMH Affair

It was a whirlwind affair. The Manhattan socialite and the sophisticated Parisian. Tiffany & Co. (NYSE: “TIF”) and LVMH, Moët Hennessy Louis Vuitton SE (OTC: “LVMUY”), announced their engagement, via joint press release, on...more

The Volkov Law Group

Bumble Bee CEO Sentenced to 40 Months in Prison for Price-Fixing

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After a lengthy sentencing hearing in federal court in San Francisco, Bumble Bee CEO Chris Lischewski was sentenced to 40 months in prison for his involvement in a tuna price-fixing conspiracy.  The judge rejected...more

Seyfarth Shaw LLP

Businesses Get Early Victory in Lawsuit Demanding Braille Gift Cards

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Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards....more

Skadden, Arps, Slate, Meagher & Flom LLP

The State of Congressional Investigations Heading Into 2020

When members of the U.S. House of Representatives and Senate were sworn into office in January 2019, Democrats took control of the House and its oversight agenda for the first time in eight years, 235-200 seats, and...more

Seyfarth Shaw LLP

ADA TITLE III Litigation: A 2019 Review And Hot Trends For 2020

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Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more

Carlton Fields

EU Court Rules Cannabis Trademark Unregistrable as Contrary to Public Policy

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The General Court of the European Union ruled on December 12 that the Cannabis Store Amsterdam logo was unregistrable as violative of public policy and morality because it would encourage illegal activity. This decision is...more

Epstein Becker & Green

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA...

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For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more

Seyfarth Shaw LLP

New York Federal Dockets Flooded With Cases Alleging That Failing To Provide A Gift Card With Braille Violates The ADA

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Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards....more

Womble Bond Dickinson

Surf’s Up: New Wave of Novel Accessibility Litigation Hits Retailers

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During the past month, major retailers have been hit with a new wave of suits alleging that they discriminate against people with visual disabilities in violation of the Americans with Disabilities Act (“ADA”) by failing to...more

Bilzin Sumberg

Will the Eleventh Circuit Fall in Line with its Sister Circuits in Interpreting Spokeo’s Standing Requirements in FACTA Cases?

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If you are a typical shopper, the last thing on your mind at the checkout counter is your printed credit card receipt.  As you juggle your grocery store bags, you might absentmindedly fold the receipt into your wallet, or...more

Ballard Spahr LLP

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

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Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Lewitt Hackman

Prop 65: California May Change Up Chain of Commerce Responsibility

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Proposition 65, a/k/a the Safe Drinking Water and Toxic Enforcement Act of 1986, has been under fire since the law was first enacted....more

Hogan Lovells

A game changer? China enacts first e-commerce law

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In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January...more

Goulston & Storrs PC

No Relief in Sight from Website Accessibility Lawsuits

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In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

Fenwick & West LLP

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

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The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

Carlton Fields

Electronic Wage Statements — The Next Trap For Employers?

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An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more

BakerHostetler

‘Excessive’ Shipping Fees May Be Next Target of Consumer Class Actions

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Retailers offering online, telephone or catalog purchases may want to review the shipping fees charged to their customers in the wake of several class actions recently filed in California. Multiple retailers have been hit...more

Seyfarth Shaw LLP

Georgia Governor Signs Law Preempting Predictive Scheduling Ordinances

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Seyfarth Synopsis: On May 8, 2017, Governor Nathan Deal signed a law expanding the reach of a pre-existing statute that prohibits Georgia localities from passing ordinances affecting worker pay in Georgia. The amendment is in...more

Fenwick & West LLP

Litigation Alert: Second Circuit Limits Standing to Bring Data Breach Class Actions

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This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more

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