Unfair Competition

News & Analysis as of

Unfair Commercial Practices – The Italian Competition Authority and The Italian Communication Authority Sign a Memorandum of...

On 13 January 2017, the Italian Competition Authority (AGCM) and the Italian Communication Authority (AGCOM) signed a memorandum of understanding concerning several aspects of their cooperation in the application of...more

It’s a Game Winning Shot but Far from a Slam Dunk: Michael Jordan Obtains Partial Victory in Chinese Courts over Use of His Name

In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more

NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius...more

The 4-Hour Plaintiff: Author/Speaker/Podcaster Tim Ferriss Secures Default Judgment

Order Granting In Part And Denying In Part Plaintiffs’ Motion For Default Judgment, Timothy Ferriss, et al. v. Alliance Publishing, Inc., et al., Case No. 15-cv-05675 (Judge Edward M. Chen) - Tim Ferriss is known for...more

Court Throws Out Back Massager Trade Dress Infringement Claims on Motion to Dismiss

As the first-filed paper in nearly any litigation, the complaint is typically subject to rigorous scrutiny from the named defendant to identify any flaws that may dispatch the case via a motion to dismiss. A plaintiff in the...more

Challenge to ITC’s Extraterritorial Authority over Trade Secret Dispute Launched by Chinese Corporation

The United States International Trade Commission (“ITC”) is an independent, quasijudicial Federal agency with broad oversight over trade matters. In addition to trade practices such as dumping and subsidies, the ITC...more

Three Point Shot - December 2016

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Biting the Bulleit

In a complaint recently filed in the Southern District of New York (16 CV 09747), Diageo North America, Inc., makers of BULLEIT bourbon sued Sazerac Company, Inc., alleging that Sazerac’s DR. MCGILLICUDDY’S HONEY WHISKEY...more

When Imitation Goes Beyond Flattery

In a lawsuit filed in the Eastern District of Missouri today, Energizer Brands complained about Spectrum Brands’ “imitation” of its packaging, raising claims of trade dress infringement, false designation of origin, unfair...more

How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising Lawsuits

Los Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside...more

Trademarks and Unfair Competition

It is my pleasure to welcome you to the latest bulletin from the field of trademarks. As in every quarter, we present the most interesting news in an engaging, easily understandable manner. In this issue, we focus on the...more

“Unfamiliarity” with Federal Court Practice Not Enough to Avoid Default

In United Construction Products, Inc., v. Tile Tech, Inc., [2016-1392] (December 15, 2016), the Federal Circuit affirmed default judgment against Tile Tech on claims of patent infringement and unfair competition because of...more

Diamonds Are Forever, but Joint Ventures Are Not: Court Finds Claims Preempted by CUTSA in Business Deal Gone Bad

The holiday season is officially upon us: peppermint mochas have popped up on coffee shop menus, carols ring from department store speakers, and you can’t turn on the television without seeing at least three diamond...more

How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising Lawsuits

Los Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside...more

[Event] The Most Significant Employment Law Developments of 2016 - Jan. 18th or 25th, Mountain View or San Francisco, CA

2016 brought several employment law developments that will undoubtedly affect your workplace. The Fenwick & West Employment Practices Group invites you to attend its annual complimentary briefing to learn more about the most...more

Competition News November 2016

Gun jumping in France: penalty imposed by the French Competition Authority on early partial completion of two mergers prior to their authorization - By a decision not yet published, issued on November 8, 2016 by the...more

Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test...more

Australian competition and consumer law update for food and beverage sector

The ACCC has released an Issues Paper in its Inquiry into the Australian dairy industry seeking feedback on issues including: The Inquiry follows a number of other developments this year that have put the spotlight on...more

Some Like It Infringed? Monroe Estate Continues Intellectual Property Battles Despite Lack of Publicity Rights

On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property...more

Consumers Are Unlikely to Confuse Yelp with a Local Property Management Company Using the Same Tagline in Ads, Court Rules

In a ruling that neatly illustrates some of the challenges a company is likely to face when trying to enforce trademark rights in an advertising tagline, a federal judge in the Northern District of California recently denied...more

Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more

White House Continues Attack on Non-Compete Agreements

“State Call to Action on Non-Compete Agreements” is the White House’s latest in a series of Executive Branch missives decrying the purported misuse of non-competition agreements by employers across the country....more

After Plaintiff Asserted Boilerplate Objections to Discovery, District Court Orders Plaintiff's Objections Waived

The plaintiff filed a complaint against the defendant for patent infringement, trade dress infringement and unfair competition, among other claims, based on the defendants' marketing and selling of portable vaporizers. The...more

Trader Joe’s vs. Irate Joe’s

In a long-running battle between Trader Joe’s and _Irate Joe’s (formerly Pirate Joe’s, a purveyor of genuine Trader Joe’s products in Vancouver, B.C.), the US Circuit Court of Appeals recently weighed in. We originally...more

qech wej QaD trademark nIH (Trademarks Don’t Protect Ideas)

Lucas Film Limited has sued Michael Brown and his Light Saber Academy for trademark infringement, unfair competition, dilution, cybersquatting, state unfair competition, and dilution, arising from Mr. Brown’s running an...more

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