News & Analysis as of

Unfair Competition

California Supreme Court Opens Door To Extensive New Remedies For Violations Of Safety And Health Standards

It’s always California, isn’t it? The California Supreme Court issued a unanimous decision last week allowing civil prosecutions to be brought against employers who violate the standards of the California Division of...more

Stone Brewing Fires The Shot Heard Round The Brewing World

by Weintraub Tobin on

The fight between craft brewers and Big Beer (i.e. MillerCoors & Budweiser) has been ongoing for years. Ever since craft beer came to prominence in the late ‘90s, it has been stealing Big Beer’s share of the marketplace. In...more

IP Rights in Shining Armour

In the wake of high-profile victories for Under Armour, New Balance, and Michael Jordan, courts in China have signaled a willingness to move quickly and decisively against infringers, including issuing preliminary injunctive...more

Amendments to China’s Anti-Unfair Competition Law: Strengthening the Rule of Law in an Increasingly Complex Marketplace

by Morgan Lewis on

Background - On September 2, 1993, the Third Session of the Standing Committee of the Eighth National People’s Congress (NPC) passed the Anti-Unfair Competition Law (AUCL). On November 4, 2017, the Thirtieth Session of the...more

China Redefines Commercial Bribery and Increases Penalties

by Morgan Lewis on

China amended its Anti-Unfair Competition Law on November 4, 2017—the first time the law has been amended since it was promulgated in 1993....more

“Sleevey Wonders” are “Arm Tight” in California Lawsuit

by Dorsey & Whitney LLP on

The women’s hosiery powerhouse, Spanx, is being sued for allegedly copying designs of a small shapewear company (R and A Synergy, LLC, v. Spanx, Inc., (C.D. Cal. 2017)). In the Complaint filed on December 21, 2017 in the...more

Germany Bans CTS Eventim’s Exclusive Contracts

by Bryan Cave on

On 4 December 2017, the Bundeskartellamt (German Federal Cartel Office — FCO) announced it had banned CTS Eventim from having exclusive agreements with its promoter and box office partners. Based in Munich, CTS Eventim is...more

Court Says Don’t Cry Over Steamed Milk

by Reed Smith on

A federal court granted Starbucks’ motion for summary judgment in a putative class action in which plaintiffs alleged Starbucks underfills lattes and mochas. The plaintiffs alleged that the underfilling of Starbucks drinks...more

New Rules for Cannabis: The Coming Wave of California False Advertising and Unfair Competition Claims

by Wilson Elser on

The cannabis industry in California should expect to see a sharp increase in false advertising and unfair competition claims in 2018. These claims will be premised on violation of the state cannabis regulations, but will be...more

Jury Finds Allstate’s DRIVEWISE Mark Infringed By Kia

On November 9, 2017, a nine-person jury in the Central District of California found Kia Motor Corp.’s high-tech “Drive Wise” vehicle add-ons were likely to cause confusion with Allstate Insurance Co.’s trademarked “Drivewise”...more

Federal Circuit Rules BPCIA Preempts State Law

by Jones Day on

On December 14, 2017, the U.S. Court of Appeals for the Federal Circuit again interpreted the Biologics Price Competition and Innovation Act ("BPCIA"). In Amgen Inc. et al. v. Sandoz Inc., 15-cv-1499 (Fed. Cir. 2017), the...more

Federal Circuit Finds Preemption Of State Law Penalty For Sitting Out Biosimilar Patent Dance

by Foley & Lardner LLP on

The Federal Circuit has issued its final decision in the biosimilar patent litigation between Amgen and Sandoz over the first product to be approved under the Biologics Price Competition and Innovation Act (BPCIA). Not...more

California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds

On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false...more

Relationship between data protection and competition laws - German Federal Cartel Office objects to Facebook’s collection of user...

by Dentons on

Data-related businesses occupy an increasingly important role in the modern economy. During the past decade, companies such as Facebook, Amazon, Alibaba and Google/Alphabet have sprung up and become veritable giants by...more

Massachusetts Appeals Court Upholds Liability Insurer’s Contractual Right to Settle

by Mintz Levin on

On Tuesday, December 12, 2017, the Massachusetts Appeals Court, applying New Hampshire law, held that a professional liability insurer did not breach the implied covenant of good faith and fair dealing by settling a New...more

Preliminary Injunction Could Hinder Equinox Hotel Opening

by Reed Smith on

Luxury fitness chain Equinox recently announced that it will be debuting its first fitness-oriented hotel in New York City in 2019, with additional sites planned for Los Angeles and other major cities. Certainly aware of this...more

EU & Competition Law Update – December 2017

by Bryan Cave on

European Court of Justice questions validity of commitments procedure under EU competition law - On 23 November 2017, the Court of Justice of the European Union (CJEU) surprised many competition law commentators, when it...more

Federal Circuit Rules that BPCIA Preempts State Law Biosimilars Claims

In an opinion issued on December 14, 2017, the United States Court of Appeals for the Federal Circuit held that the 2010 Biologics Price Competition and Innovation Act (“BPCIA”) preempts the use of state law to penalize...more

Pushing The Envelope: Eight Circuit Seals The Fate Of Envelope Company’s Trade Secret Claims

On December 8, 2017, the Eighth Circuit rejected trade secrets and other claims related to allegedly stolen customer lists. Applying Missouri state law, the federal appellate court continued the Show-Me State’s tradition of...more

Federal Circuit Rules Out State-Law Remedies for Failure to Participate in the Biosimilars "Patent Dance"

by Perkins Coie on

On December 14, the Federal Circuit issued a decision that further clarifies the ground rules for disclosures of product information by manufacturers of biosimilar pharmaceutical products. In particular, the Federal Circuit...more

Analysis of Amgen v. Sandoz Federal Circuit Opinion

by Goodwin on

The Federal Circuit Court of Appeals issued its long-awaited decision in the remand of Amgen v. Sandoz from the U.S. Supreme Court. In that decision, the Federal Circuit held that Amgen’s state law claims, based on the...more

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

by Seyfarth Shaw LLP on

In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more

ALJ Affirms Antitrust Violations for Ad Tech Agreements in FTC v. 1-800 Contacts

by Reed Smith on

With the holiday marketing season upon us, marketers launch the month-long, relentless scramble for consumer visibility and coveted advertising space on high-traffic inventory. One matter likely not on marketers’ radars?...more

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

by Jones Day on

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

What is Contributory Trademark Infringement?

by Revision Legal on

How does Amazon avoid being held liable for trademark infringement? We can find some answers by examining a case recently filed by Daimler AG, maker of Mercedes-Benz cars, against Amazon. Daimler is alleging direct trademark...more

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