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Unfair Competition Statute of Limitations

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

Goodell, DeVries, Leech & Dann, LLP

Do Analogous State Statute of Limitations Apply When the Lanham Act Provides None, Or Do Equitable Considerations, Such as Laches?...

The federal Lanham Act goes beyond trademark protection and establishes causes of action, as well, for unfair competition, false advertising, and false association. Section 43(a), however, does not contain a statute of...more

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

ArentFox Schiff on

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

ArentFox Schiff

New Headache for Trademark Litigants? Fourth Circuit’s Bayer Decision Rejects Application of State Statute of Limitations to...

ArentFox Schiff on

The Fourth Circuit recently held that the U.S. District Court for the Eastern District of Virginia erred in its analysis of a defendant’s laches defense against an unfair competition claim under Section 43(a) of the Lanham...more

Foley & Lardner LLP

Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name

Foley & Lardner LLP on

Vibram – seller of the “FiveFinger” shoes – took an intellectual property insurance coverage dispute to the highest court of Massachusetts, and won. The Supreme Judicial Court of Massachusetts held that the insurers must pay...more

Buchalter

Regulatory and Product Liability Overview for Distributors of Food Products in California

Buchalter on

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more

Seyfarth Shaw LLP

Microsoft Defeats Wage Suppression Class Action On Statute Of Limitations Grounds

Seyfarth Shaw LLP on

Two former employees sued Microsoft Corporation (“Microsoft”) in a class action, alleging that it unlawfully suppressed their wages by entering into multiple employee non-solicitation agreements with its competitors. The case...more

CMCP - California Minority Counsel Program

California Supreme Court Clarifies Statute Of Limitations For Unfair Business Practices

Resolving a split between California appellate and federal courts, the California Supreme Court, in Aryeh v. Canon Bus. Sols., Inc., Case No. 8184929 (Jan. 24, 2013), clarified that actions under California’s Unfair...more

Mintz

California Supreme Court Gives California’s Unfair Competition Law More Coverage

Mintz on

The California Supreme Court, in Aryeh v. Canon Business Solutions, Inc., 2013 WL 263509 (January 24, 2013), resolved a split in the lower appellate courts over the applicability of common law rules of accrual to the statute...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Resolves Split Over Accrual Rules for Unfair Competition Claims

The California Supreme Court has offered hope to plaintiffs facing statute of limitations problems under California’s Unfair Competition Law, holding that special rules for calculating accrual dates for so-called “continuing...more

K&L Gates LLP

The Expansion of Potential Class Size (and Exposure) Under Aryeh v. Canon Business Solutions, Inc.

K&L Gates LLP on

On January 24, 2013, the California Supreme Court held that common law exceptions to the standard four-year statute of limitations apply to claims brought under California’s Unfair Competition Law (“UCL”). The Aryeh decision...more

Hinshaw & Culbertson LLP

California Supreme Court Allows "Continuous Accrual" Doctrine to Avoid Statute of Limitations for "Unfair" UCL Claim

Seeking to clarify the extent to which the four-year statute of limitations applies to claims under the Unfair Competition Law, Business & Professions Code section 17200 et seq. (the “UCL”), a unanimous California Supreme...more

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