News & Analysis as of

Unfair Competition

Carlton Fields

Eleventh Circuit Finds Exclusion Bars Trademark Infringement And Dependent False Designation And Unfair Competition Claims

by Carlton Fields on

Duty to defend principles are generally well-settled in most jurisdictions: If the allegations in an underlying complaint potentially fall within the scope of coverage, the insurer must defend. ...more

Foley & Lardner LLP

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

by 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

Dorsey & Whitney LLP

FEYONCÉ: Poking the Beyhive

by Dorsey & Whitney LLP on

You probably have a friend who’s justifiably obsessed with all things Beyoncé (this author might be that friend). You might also have a friend who’s engaged (a fiancé). When the two intersect, you’ve got a FEYONCÉ. Get it?...more

Dentons

Protein manufacturers beware: Muscle Milk in hot water again

by Dentons on

California federal Judge M. James Lorenz partially certified various classes and subclasses of consumers who had sued protein supplement Muscle Milk maker Cytosport, Inc., alleging that its product labels overstate its...more

Fisher Phillips

Top 10 Things All Employers Need To Know About Autonomous Vehicles

by Fisher Phillips on

We’re living at a time when a unique convergence of multiple trends is ensuring that autonomous vehicles (AVs) will soon change life as we know it. On the technology side, vehicles are trending towards being electrified and...more

Butler Snow LLP

Shoes Make the Man, And Sometimes Spur Lawsuits

by Butler Snow LLP on

Shoe companies like Nike, Adidas, and Under Armour begin courting future NBA stars when the players are in high school with the goal of signing them to endorsement deals when the player goes pro. This past year, the FBI and...more

Knobbe Martens

Damaged Hair Care Products: The Root of the Problem

by Knobbe Martens on

On September 7, 2018, Olaplex, LLC and LIQWD, INC. (collectively, “Olaplex”) filed suit in the United States District Court for the Southern District of Florida against Verbena Products, LLC d/b/a BEAUTYVICE and Robert Roque...more

Dentons

Arbitration clause on company’s website results in denial of class certification in Sensa weight-loss crystals lawsuit

by Dentons on

California federal Judge Janis L. Sammartino on September 10, 2018, declined to certify a class of consumers alleging that now-defunct Sensa falsely advertised its weight-loss "crystals," which were meant to be sprinkled on...more

Winthrop & Weinstine, P.A.

Wine Spectator v. Weed Spectator – Is Wine Related to Cannabis?

by Winthrop & Weinstine, P.A. on

M. Shanken Communications, publisher of Wine Spectator — a popular magazine, website and mobile application that offers wine ratings on a 100-point scale — has filed a lawsuit against California-based Modern Wellness, Inc.,...more

K&L Gates LLP

Stopping Traffick: Actions Before the U.S. International Trade Commission to Stop Unfair and Unethically-Sourced Competition

by K&L Gates LLP on

The U.S. International Trade Commission is charged with remedying unfair acts in the importation of products into the United States. While alleged unfair acts at issue before the Commission tend to take the form of...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: False Advertising Claims and Consumer Class Actions

In this episode, Neal Marder, who heads Akin Gump’s consumer class action litigation practice from the firm’s Los Angeles office, discusses how false advertising claims are driving consumer class actions. Among the topics...more

Shumaker, Loop & Kendrick, LLP

Hyundai Can't Escape Antitrust Claims According to Federal Judge in North Carolina

CHARLOTTE, NC – The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that...more

Shutts & Bowen LLP

Are “Nationwide” Sales on Amazon Sufficient to Show Injury in M.D.Fla. for Venue Purposes?

by Shutts & Bowen LLP on

Yes. Thursday, LLC and Klhip, Inc. are both retailers that use Amazon to sell nail clippers online. Klhip filed a number of claims with Amazon about Thursday. In response, Amazon would take Thursday down and investigate....more

Butler Snow LLP

Tennessee Court of Appeals Tackles Issues Surrounding Preparation to Compete

by Butler Snow LLP on

I’ve previously written about the circumstances in which taking preparatory measures to compete crosses the line so as to become unlawful. A couple of recent Tennessee Court of Appeals decisions provide more insight....more

Knobbe Martens

Loves me not: Wholesale Jewelry, Inc. Hit with Infringement of Cartier Trademarks and LOVE Collection Trade Dress

by Knobbe Martens on

On July 18, 2018 the well-known luxury goods company, Cartier International AG and Cartier, a division of Richemont North America Inc. (collectively, “Cartier” or “Plaintiffs”) filed suit in the United States District Court...more

Dentons

Judge tosses Diet Dr Pepper false advertising class action for the fourth and final time

by Dentons on

A California federal judge recently ruled that the term “diet” alone on a soft drink label does not constitute a claim that the soft drink will assist in weight loss. On August 21, District Judge William H. Orrick of the...more

Nutter McClennen & Fish LLP

Plaintiff’s Chapter 93A Claim Boomerangs When Plaintiff Moves to Dismiss Chapter 93A Counterclaim

A business plaintiff’s assertion of a Chapter 93A claim could boomerang where the plaintiff moves to dismiss a Chapter 93A counterclaim. That’s a key takeaway from Judge Kaplan’s decision in Microsemi Corp. v. Langlois....more

Kramer Levin Naftalis & Frankel LLP

Cryptocurrencies Face Rise in Investor Class Actions

After a surge in popularity and an increased interest from regulators, virtual currencies — also known as cryptocurrencies — have entered into a new phase in their relatively short history, with an increase in class actions...more

BakerHostetler

AD-ttorneys@law

by BakerHostetler on

In This Issue: - Dyson Appeals NAD Air Purity Rebuke - Court to Kanye Plaintiff: Imma Let You Finish - Are All Bets Off on Free-to-Play? - Instagram Celeb Alleges Link Theft! - Third Circuit Weighs In on Autodialer...more

Manatt, Phelps & Phillips, LLP

California AG Hits Student Loan Servicer With Lawsuit

California Attorney General Xavier Becerra announced a lawsuit against Navient Corp. and its subsidiaries on behalf of the estimated 1.5 million borrowers living in the state, alleging misconduct in the servicing and...more

Fox Rothschild LLP

Send a C&D, Or Just Sue?

by Fox Rothschild LLP on

When evaluating how to address what you believe constitutes infringement, false advertising, or unfair competition, the decision to send a cease and desist letter or to file a lawsuit becomes an important one. Is there a...more

Bryan Cave Leighton Paisner

Qualcomm receives Supplementary Statement of Objections from the EU Commission in Predatory Pricing Investigation  

by Bryan Cave Leighton Paisner on

Hot on the heels of the announcement of a record antitrust fine imposed by the European antitrust regulator upon another US technology company , the European Commission announced on 19th July 2018 that it had sent a...more

Orrick - IP Landscape

Court Declines To Exercise Pendent Venue Over A Patent Case And Denies Section 1400(b) Discovery

by Orrick - IP Landscape on

Olivia Garden, Inc. v. Stance Beauty Labs, Inc., et al., N.D. Cal (July 12, 2017) (Judge Haywood S. Gilliam, Jr.) - In a June 12, 2018, order, Judge Haywood S. Gilliam, Jr. granted the motion of defendant Stance Beauty...more

Kilpatrick Townsend & Stockton LLP

Ninth Circuit – a UCL plaintiff must prove “value received” when purchased product has some value

In a recent unpublished opinion, a panel of the Ninth Circuit Court of Appeals reinforced the principle that obtaining restitution for violation of California’s major consumer protection statutes can be a near impossible...more

McDermott Will & Emery

Keep Your Claws Off the Krusty Krab

by McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment finding that a specific element from a television series—in this case, The Krusty Krab restaurant from SpongeBob SquarePants—can receive...more

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