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Dismissals Unfair Competition

Harris Beach PLLC

California Microplastics Mislabeling Case Dismissed on Preemption Grounds

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A nationwide class action lawsuit accusing a bottled water company of misleading customers by selling water allegedly containing microplastics has been dismissed on preemption grounds. The court’s decision looms large in...more

McDermott Will & Emery

A Step Forward for Choreography and Copyright

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In a rare ruling on infringement of a copyright on choreography, the US Court of Appeals for the Ninth Circuit reversed the dismissal of a copyright infringement action, holding that the district court erred in its...more

McDermott Will & Emery

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

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The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...more

McDermott Will & Emery

Personal Jurisdiction? Selling Products via Interactive Website Will Do It

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The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

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In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

ArentFox Schiff

Robinhood Checked but Not Wrecked: False Association Suit by Rapper Ice Cube Dismissed

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Rapper and actor Ice Cube sued the online trading platform Robinhood alleging false association, misappropriation of publicity rights, and unfair competition based on Robinhood’s use of Ice Cube’s image and a paraphrased...more

Ervin Cohen & Jessup LLP

Ninth Circuit Dismisses “100% Natural” Chicken Advertising Case

The Ninth Circuit recently affirmed a district court decision dismissing a case for lack of standing, finding that an advocacy group must demonstrate that it affirmatively diverted resources to combat alleged false claims to...more

Fox Rothschild LLP

Judge Noreika Denies Defendants’ Motion for Attorneys’ Fees In Alleged Patent Infringement Action

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By Memorandum Opinion entered by The Honorable Maryellen Noreika in Mixing & Mass Transfer Technologies, LLC v. SPX Corporation et al., Civil Action No. 19-529-MN (D.Del. November 4, 2020), the Court denied the SPX...more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

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More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

Mintz - Trademark & Copyright Viewpoints

Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal...

In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead,...more

McDermott Will & Emery

Lotso More Than Non-Exclusive Licensor-Licensee Relationship Needed for Personal Jurisdiction

Addressing whether the activities of non-exclusive licensees subject the licensor to personal jurisdiction, the US Court of Appeals for the Fifth Circuit held that jurisdiction over the licensees does not extend personal...more

Barnea Jaffa Lande & Co.

Supreme Court Dismisses Nespresso Suit against Espresso Club

The Supreme Court recently dismissed an appeal by Nestlé, the Swiss multinational food and drink processing conglomerate, and its subsidiary corporation Nespresso, filed against our client, the Israeli company Expresso Club....more

McDermott Will & Emery

Nothing Fishy Here: No Private Right of Action Precludes § 337 Unfair Competition Claim

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The US Court of Appeals for the Federal Circuit affirmed an International Trade Commission (ITC) decision not to institute an investigation where the underlying statutory scheme precluded a private right of action. Amarin...more

Proskauer - New Media & Technology

Locksmiths Locked Out: Court Affirms Immunity for Use of Tools That Portray Third-Party Content Pictorially or as an Aggregate...

In the past few months, there have been a number of notable decisions affirming broad immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third party content. The beat goes...more

Dorsey & Whitney LLP

The Take-Two Interactive v. Pinkerton Showdown Has Ended in a Draw

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One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Two’s Grand Theft Auto V (“GTAV”) video game. Many people who notice that they resemble...more

Dechert LLP

The Third Circuit Clips the Federal Trade Commission’s Wings in FTC v. Shire ViroPharma

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On February 25, 2019, the Third Circuit held that the Federal Trade Commission cannot bring litigation in federal court based on past conduct, absent factual allegations demonstrating that a defendant “is violating or is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Holds FTC Must Show Defendants Are ‘About to Violate’ the Law for Injunctive Relief and Disgorgement

On February 25, 2019, in FTC v. Shire ViroPharma, Inc., the U.S. Court of Appeals for the Third Circuit confirmed that the Federal Trade Commission (FTC) cannot plead its way into federal court via Section 13(b) of the FTC...more

Foster Garvey PC

OTA & Travel Distribution Update: Hilton's direct booking efforts enjoy success; Belgium's investigations into travel agency...

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We begin this week’s Update with some good news on the direct booking front. Enjoy....more

Manatt, Phelps & Phillips, LLP

California Court Tosses Challenge to Gap Outlet Labels

In a victory for outlet retailers, a California appellate panel recently tossed out a deceptive marketing and advertising suit against Gap....more

Cozen O'Connor

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

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Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more

Proskauer - Minding Your Business

Court Dismisses “Phantom Markdown” Suit against Saks

On March 22, the U.S. District Court for the Southern District of California dismissed a putative class action against Saks Inc. alleging that Saks advertised “phantom markdowns” of Saks-branded products. The Plaintiff...more

Fenwick & West LLP

Litigation Alert: The Ninth Circuit Leaves Pirate Joe’s Saying “Shiver Me Timbers!”

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Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more

Morrison & Foerster LLP - Class Dismissed

LogMeIn Class Action Dismissed: Termination of Free App Not False Advertising

A judge in the Eastern District of California recently dismissed a class action filed against LogMeIn based on the company’s decision to terminate its free app, which allowed users to access a remote desktop computer via a...more

Morrison & Foerster LLP - Class Dismissed

A Handmade Dismissal for Maker’s Mark

A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et...more

Patterson Belknap Webb & Tyler LLP

Federal Circuit Issues Its First Decision Interpreting BPCIA

The courts must “say what the law is,” even when that law, as Judge Lourie described the BPCIA, is “a riddle wrapped in a mystery inside an enigma.” Today, in Amgen Inc. v. Sandoz Inc., No. 2015-1499 (Fed. Cir. July 23,...more

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