News & Analysis as of

Unfair Competition

New York Court Takes Saved Cost Damages Off The Table

Plaintiffs in New York state trade secret actions face a new limitation on their damages claims, according to a May 3, 2018 decision from the state’s Court of Appeals. ...more

Cannabis Consumer Class Actions Are Being Filed

by Wilson Elser on

On May 10, 2018, a vape cartridge customer filed a consumer class action in Los Angeles Superior Court against cannabis brand Brass Knuckles and Alvin Nathaniel Joiner, better known as the rapper Xzibit. Also named is SC...more

When Alleging Injury, A Tentative Claim Yields An Unambiguous Dismissal

by Ellis & Winters LLP on

This post looks at a potentially overlooked roadblock in proving a violation of N.C. Gen. Stat. § 75-1.1: the requirement that the claimant have standing to sue. You might think of standing as an exclusively federal-court...more

Lanham Act Injunction Floored Where Social Media Criticisms Were Not “Commercial Advertising”

A judge in the Western District of Wisconsin recently denied a motion for a preliminary injunction that sought to prevent a customer from criticizing the plaintiff’s products over social media. Buckeye Int’l v. Schmidt Custom...more

Tokyo Dispute Resolution and Crisis Management Newsletter - May 2018

by King & Spalding on

California Dreaming or Nightmare? - Exposure to Unfair Competition Litigation in California - Consumers and businesses alike have a powerful tool in California: the Unfair Competition Law (“UCL”), California Business...more

Judge Sleet Denies SurgiQuest’s JMOL Motion After Finding Evidence Was Sufficient To Support Jury’s Verdict Of False Advertising...

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in SurgiQuest v. Lexion Medical, LLC., Civil Action No. 14-382-GMS (D.Del. May 16, 2018), the Court denied Plaintiff/Counterclaim-Defendant SurgiQuest’s renewed...more

ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval

by Jones Day on

Normally, it is the FDA that monitors the improper distribution of drugs. But, as it turns out, the International Trade Commission (“ITC”) might be able to enter the fray too. On April 18, 2018, the ITC issued a notice...more

Steal Trade Secrets, Get Cut: BladeRoom Jury Bleeds Emerson Electric to the Tune of $30 Million

by Fisher Phillips on

A California federal jury recently decided that Emerson Electric Company owes prefabricated module manufacturer BladeRoom Group Limited $30 million in damages for stealing trade secrets to build a massive new data...more

Plaintiff Pleads Plaid Pattern Plagiarized

On May 2, 2018, Burberry Limited sued Target Corporation in the Southern District of New York for trademark counterfeiting, trademark infringement, trademark dilution, false designation of origin, and unfair competition....more

Unfair Competition and Trade Secrets Damages Limited to Plaintiff’s Losses Under New York Law

When a defendant avoids the cost of developing its own technology by stealing proprietary information, can that defendant be required to re-pay the cost it saved as compensatory damages? Not under New York trade secret or...more

Marketplace Lending Update #3: Kabbage Heads to Court

A recently filed California lawsuit raises the stakes in the ongoing challenge to the “bank origination model.” The lawsuit, Barnabas Clothing, Inc. v. Kabbage, Inc., was filed on March 22, 2018 in Superior Court in Los...more

Food & Beverage Litigation Update | May 2018 #2

FDA Issues Supplemental Guidance for Menu Nutrition Labels - The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of...more

Copyright Suit Against HBO Tossed

by Robins Kaplan LLP on

HBO escaped a copyright lawsuit on Tuesday May 1, after a New York federal judge dismissed claims filed against the network by a graffiti artist. Last July, Itoffee R. Gayle, sued the television network for featuring his...more

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

Holding that offering software that allows users to block advertising does not qualify as an unfair commercial practice even if the software gives advertisers the option to pay for showing certain ads—a practice known as...more

FRANCHISEE 101: A Sweet Non-Compete

by Lewitt Hackman on

A Florida federal court held that the non-compete provision in a chocolate shop franchise agreement was enforceable against an ex-franchisee operating a competing chocolate store at the former franchised location....more

Japan Legal Update - Volume 35 | April 2018

by Jones Day on

Intellectual Property - Cabinet Approves and Submits to the Diet the Bill to Partially Amend the Unfair Competition Prevention Act - On February 27, 2018, the Japanese Cabinet approved and submitted to the Diet the...more

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

by Morrison & Foerster LLP on

In a landmark decision, on April 19, 2018, the German Federal Court of Justice decided that the ad blocking application and browser-extension Adblock Plus does not violate the German Unfair Competition Act (Gesetz gegen den...more

Japan: Defendant shelved – IP High Court judgement finds for unfair competition

by Hogan Lovells on

The Intellectual Property High Court (IPHC) rendered a judgement on 29 March 2018, granting a permanent injunction on the sale of shelving units marketed by the defendant....more

District Court Dismisses Pending Trade Practice Case, With Leave to Amend

by McDermott Will & Emery on

This month, the United States District Court for the Northern District of California issued an opinion in Arena Restaurant and Lounge, Inc. v. Southern Glazer’s Wine and Spirits, No. 17-CV-03805-LHK. The Arena case, also...more

Court Finds That E&O Policy Dishonesty Exclusion Negates Coverage Where Underlying Tortious Claims Were Also Found to be the...

by Reminger Co., LPA on

In this case, the Certified Steel Stud Association (“CSSA”), a trade association, was accused of participating in a civil conspiracy along with several of its corporate members to commit the tortious acts of violating the...more

California Supreme Court Allows Unfair Competition and False Advertising Claims Against Employer Arising From Workplace Accident

by Beveridge & Diamond PC on

A recent California Supreme Court decision held that employees can sue their employers for workplace safety violations under the State’s consumer protection laws. See Solus Industrial Innovations, Inc. v. Superior Court of...more

Adblocking reloaded: No unfair competition, says German Supreme Court

by Hogan Lovells on

Germany’s highest civil court signs off on the business model behind AdBlock Plus - The popular adblocking software AdBlock Plus, and the underlying business model of Eyeo GmbH, do not fall foul of German unfair...more

Soul’d Out Festival Challenges Coachella’s Demand for Noncompete Clause Despite Sold Out Shows

On April 9, 2018, the producer of  the Soul’d Out music festival in Portland, Oregon, sued the owners and producers of the Coachella music festival in California for what it alleges are anticompetitive contract terms that...more

Does Coachella Violate Antitrust Laws?

by Robins Kaplan LLP on

Coachella Valley Music and Arts Festival owner Anschutz Entertainment Group Inc. (“AEG”) and its subsidiaries and affiliates were hit with a lawsuit for allegedly using anticompetitive practices such as prohibiting artists...more

The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Democrat Constance Anastopoulo Declares Candidacy for South Carolina Attorney General- Democrat Constance Anastopoulo announced her campaign for South Carolina AG in 2018....more

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