News & Analysis as of

Cease and Desist

No SpielBurgers for you! Steven Spielberg Shuts Down Unauthorized Use of His Name

by Kelley Drye & Warren LLP on

Last week, Carl’s Jr. announced that in honor of Steven Spielberg’s new movie, Ready Player One, they would change the name of their Charbroiled Sliders to “SpielBurgers.” They tweeted: “@StevenSpielberg hasn’t signed off...more

The obligation to recall products as part of injunctive relief

by DLA Piper on

Explanatory note on the decisions of the German Federal Court of Justice (decision of Oct. 11, 2017, docket no. I ZB 96/16 - products for wound treatment) and the Higher Regional Court of Dusseldorf (decision of Sep. 21,...more

Ninth Circuit Court of Appeals Outlines BSA Compliance Obligations and How One Small Bank Failed to Meet Them

by Ballard Spahr LLP on

The Tale of an AML BSA Exam Gone Wrong - As we have blogged, the Ninth Circuit Court of Appeals recently upheld the decision of the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) to issue a cease...more

Ninth Circuit Court of Appeals Rejects Constitutional Challenge to AML Compliance Program Regulation

by Ballard Spahr LLP on

The Ninth Circuit Court of Appeals recently upheld the decision of the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) to issue a cease and desist order against California Pacific Bank (the “Bank”)...more

Vintage or Protectable? Steve Madden Creates Waves for the Ark

by Knobbe Martens on

Jasmin Larian, the owner of Cult Gaia, started selling the “Ark” bag in 2013. Since then the Ark bag has been seen on celebrities including Jessica Alba and was even touted as 2017’s “IT” bag. ...more

Religious Land Use Controversy Brewing in Laurel, Maryland: Can a Church Worship in a Coffee Shop?

Redemption Community Church (the “Church”) has filed a federal lawsuit against the city of Laurel, Maryland (the “City”), after the City issued a cease and desist order prohibiting the Church from offering religious services...more

Farewell to John Reed, the Death of Pennoyer v. Neff and the Elbit FCPA Enforcement Action

by Thomas Fox on

The bane of every first-year law student, at least in Civil Procedure, is Pennoyer v. Neff. This is because (1) it is usually studied very early in the semester; (2) is viewed as the first true introduction to how strikingly...more

FRANCHISEE 101: Til Expiration Do Us Part

by Lewitt Hackman on

Though an individual owner and operator of a formerly franchised Church's Chicken restaurant in Texas was not a signer of the franchise agreement, a district court ruled the individual was subject to the agreement's...more

When Data Scraping and the Computer Fraud and Abuse Act Collide

by Patrick Law Group, LLC on

As the volume of data available on the internet continues to increase at an extraordinary pace, it is no surprise that many companies are eager to harvest publicly available data for their own use and monetization. Data...more

Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data

In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would...more

First State Charges Broker-Dealer in Connection with Violations of DOL Fiduciary Rule

On February 15, 2018, the Enforcement Section of the Massachusetts Securities Division (the “Division”) of the Office of the Secretary of the Commonwealth charged a registered broker-dealer (the “Broker-Dealer”) that operated...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

CFAA “Unauthorized Access” Web Scraping Claim against Ticket Broker Dismissed Because Revocation of Access Not Expressed in Cease...

A California district court issued an important opinion in a dispute between a ticket sales platform and a ticket broker that employed automated bots to purchase tickets in bulk. (Ticketmaster L.L.C. v. Prestige...more

Danger in the Korean Peninsula: Ambush marketing and the Olympic Games

by Smart & Biggar on

For a few weeks every two years, the Summer and Winter Olympic Games offer brand owners and advertisers the opportunity to reach billions of people in hundreds of countries. The Summer Games in Rio 2016 reached a television...more

CFPB seeks comments on its administrative enforcement proceedings

by Ballard Spahr LLP on

The CFPB has issued a request for information that seeks comment on how the CFPB can improve its administrative adjudication processes, including its “Rules of Practice for Adjudication Proceedings” codified at 12 CFR part...more

Franchisor 101: Copycat Restaurant Shutdown

by Lewitt Hackman on

A registered trademark is a valuable corporate asset and can be a significant part of a company's worth. A franchisor has an affirmative legal duty to police use of its mark by licensed franchisees and also third-party...more

Going “Medieval” on Trademark Enforcement

by Bowditch & Dewey on

Who says trademark disputes can’t be fun? Well, plenty of people, but that’s beside the point. Anheuser Busch InBev recently showed that a serious legal message can be delivered in a humorous form....more

To Cease and Desist Letters—Dilly Dilly

Taking a unique spin on a standard legal document, Bud Light recently sent a medieval town crier to deliver a cease and desist letter to Modist, a Minnesota brewery....more

SEC Chairman Issues Major Statement on Cryptocurrency and ICOs

by Dechert LLP on

On December 11, 2017, SEC Chairman Clayton issued an important public statement outlining his views on cryptocurrencies and ICOs. In his statement, Chairman Clayton provided a clearer view of the SEC’s stance and offered the...more

SEC Shuts Down Initial Coin Offering Using Blockchain for Failure to File Securities Registration Statement

by Hinshaw & Culbertson LLP on

On December 11, 2017, the SEC instituted cease-and-desist proceedings against Munchee Inc., the creator of an iPhone application that allows users to review restaurant meals, with regard to Munchee's planned initial coin...more

SEC Issues Cease and Desist Order and Further Guidance on ICOs

by Goodwin on

On December 11, 2017, the U.S. Securities and Exchange Commission (SEC) issued a cease-and-desist order to Munchee Inc. (Munchee), a company that was in the process of a $15 million initial coin offering (ICO), for selling...more

Move Aside EPA, The SEC Is Now Regulating Ecosystems!

by Allen Matkins on

I don’t hear many securities lawyers talking about “ecosystems”. Indeed, I think of the word as being more the province of environmental lawyers. The word itself is an amalgamation of two Greek words – ?????, meaning house,...more

Trademark Enforcement in the Social Media Age

Attorneys in general, and trademark attorneys in particular, have a reputation for heavy handedness. The traditional weapon of choice for these legal pugilist has been, and continues to be, ye olde cease and desist letter. A...more

Is it Pretty? Will H&M Assert a “Classixx” Ornamental Defense to Claims of Trademark Infringement?

by Knobbe Martens on

On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively “Plaintiffs”) also known as the Electronic dance music duo “Classixx” filed suit in the District Court for the Central District of...more

CAS Legal Mailbag Question of the Week – October, 2017 #5

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Last week, I was watching YouTube, and I saw this great speech by some admiral about how making one’s bed every morning is the key to success. I was quite inspired, and I thought that the teachers at...more

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Cybersecurity

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