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Unfair Competition Tortious Interference

Lathrop GPM

Illinois Federal Court Denies Alcohol Distributors’ Motion to Dismiss Online Competitor’s Complaint for Alleged Violations of...

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An Illinois federal court recently denied a motion by Southern Glazer Wine and Spirits, LLC and Republic National Distributing Company, LLC (RNDC) to dismiss various claims for violations of state and federal antitrust and...more

Wilson Sonsini Goodrich & Rosati

Author of The Tetris Effect Sues Apple and the Tetris Company for Copyright Infringement over Release of the Tetris Movie

On August 7, 2023, Dan Ackerman, author of the nonfiction book, The Tetris Effect, sued Apple, the Tetris Company, and several other parties following the release of the Tetris film on Apple TV+ in March 2023....more

Fisher Phillips

Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

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The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern...more

McGlinchey Stafford

Can I Settle for Injunctive Relief in a Class Action? - McGlinchey Commercial Law Bulletin - April 20, 2023

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The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more

Goodwin

Ninth Circuit Limits CFAA to Digital "Breaking and Entering," Finds LinkedIn Likely Has No CFAA Claim Against Web Scraper

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On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit reaffirmed a California district court’s order preliminarily enjoining LinkedIn from denying hiQ Labs, a data analytics company, access to...more

Goodwin

International Trade Commission Institutes Investigation of Alvotech’s Adalimumab Biosimilar

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As noted in our December 21, 2021 post, Complainants AbbVie Inc., AbbVie Biotechnology Ltd. and AbbVie Operations Singapore Pte. Ltd. filed a complaint at the International Trade Commission against Respondents Alvotech hf.,...more

Jackson Lewis P.C.

$7.5 Million Jury Verdict for Employer in Unfair Competition and Restrictive Covenant Case

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At the end of a complicated case, an employer obtained a nearly $7.5 million jury verdict in enforcement of restrictive covenant agreements and as a result of the unfair competition and breaches of the duty of loyalty of a...more

Seyfarth Shaw LLP

California Court of Appeal Affirms Injunction Barring Netflix From Poaching Fox Executives, Citing Unfair Competition

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In what may seem to be a surprising series of events, given the state’s infamous hostility to restrictive covenants, a California appellate panel recently affirmed a Los Angeles Superior Court judgment effectively enjoining...more

Farrell Fritz, P.C.

When Wrongdoing Isn’t Wrong Enough: Lack of Culpable Conduct Results in Reduced Judgment

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In recent news out of the world of Formula 1 racing, a tight battle between seven-time World Champion, Lewis Hamilton, and rival, Max Verstappen, came to a head at the first lap of the British Grand Prix at Silverstone. In...more

McAfee & Taft

When is hiring a competitor’s employee ‘racketeering’?

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When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more

Seyfarth Shaw LLP

Youth Soccer Company Cries Foul at Competitor and Former Employees

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On March 3, 2020, Massachusetts Premier Soccer LLC, doing business as Global Premier Soccer (“GPS”), filed a complaint in the US District Court for the District of Massachusetts, alleging that two of its former...more

Farrell Fritz, P.C.

Allegedly “(Leon) Black”-listed Former Apollo Employee Fails to State A Business Tort Claim

Farrell Fritz, P.C. on

The line between aggressive business competition and unlawful conduct can sometimes be difficult to determine. Many different theories of tort liability have developed over the years to address the variations of unlawful...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Sides with Data Scraper and Affirms Preliminary Injunction Against LinkedIn in Data Mining Battle

In a narrow but notable holding, the Ninth Circuit recently held that the data mining company hiQ won the balance of hardships and identified sufficiently serious merits questions to warrant a preliminary injunction against...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

Knobbe Martens

A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

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Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more

Wilson Sonsini Goodrich & Rosati

Recent Cases Shed Light on the Status of Employee Non-Solicitation Agreements in California

Two recent cases have found that employee non-solicitation agreements, at least in the form many companies currently use, are unlawful in California. In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., 28 Cal. App. 5th...more

Shutts & Bowen LLP

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

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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

Patterson Belknap Webb & Tyler LLP

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

Robins Kaplan LLP

Does Coachella Violate Antitrust Laws?

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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

Patterson Belknap Webb & Tyler LLP

Third Circuit Affirms Uber Win in Attempted Monopolization Suit

On March 27, 2018, the Third Circuit affirmed dismissal of an antitrust suit against Uber Technologies, Inc. (“Uber”) by the Philadelphia Taxi Association and its members, individual taxicab companies (together,...more

Seyfarth Shaw LLP

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

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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

Farrell Fritz, P.C.

No Privity? No Problem!

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May a stranger to an arbitration agreement compel arbitration against its signatories? According to the Second Department in Degraw Construction Group v McGowan Builders, Inc., 2017 NY Slip Op 05580 (2nd Dept July 12, 2017),...more

Farella Braun + Martel LLP

CGL Coverage for False Advertising and Intellectual Property Claims: Sometimes It’s There, but You Need to Know Where to Look for...

A recent case in the Northern District of California offers two cautionary tales to policyholders. First, when buying insurance, companies should understand their risks and ensure that the policies they’re buying match those...more

Robinson+Cole Data Privacy + Security Insider

KitNipBox Sues Meowbox for Allegedly Hacking Website and Stealing Trade Secrets

Cat product service provider KitNipBox sued rival Meowbox in federal court in Washington alleging that Meowbox hacked into KitNipBox’s website to steal its trade secrets and confidential information and to disrupt its...more

Burr & Forman

Recent Georgia Court of Appeals Case Highlights Alternative Theories of Relief in Unfair Competition Case

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Beginning in law school, attorneys are trained to learn from reported appellate cases, and that education never stops. In a recent Georgia Court of Appeals case involving claims of unfair competition, Lyman v. Cellchem Int’l...more

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