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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Advertising Law - April 2016 #3

SPECIAL FOCUS: #Twitter at Ten: Ten Times Twitter Made Ad Law History - Ten years ago the world was introduced to Twitter, a microblogging site offering users the chance to express themselves just 140 characters at a...more

Federal Judge Permits MPHJ’s Suit Challenging Vermont’s Bad Faith Patent Demand Letter Law To Proceed

by Kelley Drye & Warren LLP on

We previously discussed the Vermont attorney general’s enforcement action against MPHJ Technology Investments, LLC, a non-practicing entity that has recently been the subject of regulatory scrutiny. The attorney general’s...more

Recent Developments Relating to Antitrust and Intellectual Property: Patent Assertion Entities, FRAND and Patent Misuse

On Thursday November 6, the Federal Trade Commission (FTC) announced it had reached an agreement with MPHJ Technology Investments (MPHJ), a patent assertion entity, to settle the FTC’s Complaint that MPHJ allegedly made...more

Vermont Federal Court Rules In Favor Of Vermont And Against Alleged Patent Troll In Preliminary Decision

by Downs Rachlin Martin PLLC on

Vermont Attorney General William Sorrell won a major victory in his groundbreaking effort to use state law to crack down on “patent trolls.” In State of Vermont v. MPHJ, LLC, the Vermont federal court has rejected the...more

Alleged Patent Troll Targeted By Vermont Attorney General

by Downs Rachlin Martin PLLC on

Previously, we posted about Governor Peter Shumlin signing into law Vermont’s first-in-the-nation (and so far only-in-the-nation) patent troll legislation helping Vermont businesses protect themselves from bad faith patent...more

Buying Competitor's Names As Keywords Does Not Violate Wisconsin's Privacy Law

by Balough Law Offices, LLC on

A personal injury law firm can buy search terms using the names of a competing law firm’s partners without violating Wisconsin’s privacy laws because the use of the names is “non-visible,” an appellate court found. The...more

Kraft Sues Cracker Barrel Old Country Store for Trademark Infringement

by Balough Law Offices, LLC on

Cracker Barrel Old Country Store, Inc. has sliced it a bit too thin for Kraft and its Cracker Barrel cheese. Kraft Foods Group Brands LLC has asked a Chicago federal court to find that Cracker Barrel Old Country Store...more

New EU Counterfeit Goods Regulation

by McDermott Will & Emery on

On 24 January 2013, the Internal Market and Consumer Protection committee of the European Parliament endorsed a new Regulation 5129/2013/EC setting out customs procedures for goods suspected of infringing intellectual...more

False Advertising Claims on Increase in Cyberspace

by Balough Law Offices, LLC on

Cases involving alleged false advertising in cyberspace increased significantly in number in the past year, but success has been limited according to a legal survey article by Cheryl Dancey Balough. The article noted that...more

No Buts About It, North and South Settle, Again

by Balough Law Offices, LLC on

No more buts about it. The face off between North Face and South Butt is over—again. The North Face Apparel Corp. had sued The South Butt, LLC, and several individuals for trademark infringement for offering products with...more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a

Answer, Affirmative Defenses and Jury Demand

by Ronald Coleman on

See the affirmative defenses. From "Propane giant AmeriGas recently sued online complaints forum Pissed Consumer for trademark infringement. "Gas company executives were presumably upset with how...more

Devere Group GMBH v. Opinion Corp. et al.

Order Dismissing Trademark Claim Against for Failure to State a Claim

by Ronald Coleman on

Order dismissing, for failure to state a claim under Fed. R. Civ. P. 12(b)(6), defamation claim pleaded as a Lanham Act trademark infringement in attempt to circumvent DMCA section 230....more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a

Order on Motion to Dismiss

by Ronald Coleman on

Per blogger and law professor Eric Goldman: "You may recall PissedConsumer, the site that solicits user gripes, SEOs the crud out of them, and then offers the griped business pay-to-play to downgrade the visibility of those...more

VO Group, LLC v. Opinion Corp. et al.

Decision and Order Granting in Part and Denying in Part Motion to Dismiss

by Ronald Coleman on

Order and opinion on motion to dismiss complaint filed in New York Supreme Court (trial level), Kings County (i.e., Brooklyn), by timeshare sales company seeking to censor criticism of the company found on...more

SUPER BOWL® trademark post XI: Consumer Reports and the super-duper exemption

by Ronald Coleman on

The truth about SUPER BOWL trademark enforcement by the NFL and the people who are confused about it....more


by Alexander Butterman on

A straightforward, concise definition of "intellectual property" and a brief explanation of the four major types of IP. The terms "copyright," "trademark" and "patent" should no longer be confused after reviewing this...more

Falcon Stainless, Inc. v. Rino Companies, Inc.

Order Granting Defendants' Post-Trial Motions For Judgment As a Matter of Law

by Robert Scott Lawrence on

After a 3-week trial and a flurry of post-trial motions, U.S. District Court Judge Alicemarie H. Stotler issued this 43-page ruling overturning the $1 million jury verdict against defendants, finding no likelihood of...more

3 Recent Computer Fraud and Abuse Act Cases Worth Noting

by Shawn Tuma on

Three recent Computer Fraud and Abuse Act (“CFAA”) cases decided over the last couple of months are worth looking at because they show the following points, respectively: (1) the CFAA in its current form does not give...more

Nanotechnology is Entering a New Legal Frontier

by Custom Legal Marketing on

By Krystina Steffen, staff SEO | Law Firm News Center In Good Practice writer – June 22, 2011 Nanotechnology is changing the products we use everyday – food, clothes, cars, and even medicine. For some, nanotechnology is a...more

Bully for Who? Thoughts on "trademark bullying" - Intellectual Property Magazine

by Ronald Coleman on

The U.S. PTO has asked for commentary from the public about a hazily defined concept -- "trademark bullying." But we know what they mean. ...more

Fuel Concepts

Fuel Concepts Cease and Desist Order to Alternative Energy Development Corp

by Warren Markowitz on

Order by Fuel Concepts, LLC of Ohio to Alternative Energy Development Corp of Arizona informing them that their rights to the Patented Technology of Fuel Concepts and Roy Martin had been suspended. ...more

Air Brook v. Sozer


by Ronald Coleman on

Trademark infringement on the Internet by a fly-by-night car service posing as the largest car service in New Jersey....more

Mul-T-Lock USA, Inc. v. Alexanders Hardware Corp. et al.


by Ronald Coleman on

Lawsuit by manufacturer of high security locks against rogue licensee locksmiths alleged to have wrongfully produced keys on counterfeit key blanks, in violation of their license agreements and in tort. The claims are for...more

"To whom it may concern": Response to inquries regarding the S&L Vitamins v. Australian Gold settlement

by Ronald Coleman on

Cover letter and basic explanation sent to inquiring persons with respect to the ultimate outcome in the S&L Vitamins v. Australian Gold litigation....more

Zenith Products Corp. v. CKC International, LLC et al.

Stipulated Injunction

by Ronald Coleman on

Trademark infringement and related claims against retailers, distributor and purported scrap dealer. The scrap dealer bought, for less than a penny on the dollar at retail price, a large quantity of our client's...more

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