On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus...more
Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments....more
On March 9, 2020, Led Zeppelin won a major copyright battle over claims that they stole part of their signature song “Stairway to Heaven.” The Ninth Circuit Court of Appeals, ruling en banc, upheld a 2016 jury verdict that...more
States across the country continue to enact legislation limiting the use of non-compete agreements. The most notable trend is the applicability (or, rather, non-applicability) of non-competition agreements to low-wage...more
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more
On October 22, 2019, the U.S. House of Representatives voted 410-6 in favor of the Copyright Alternative in Small-Claims Enforcement Act of 2019, or CASE Act. If passed into law, the CASE Act would create a voluntary small...more
The U.S. District Court, District of Wisconsin, recently ordered Anheuser-Busch to stop using the label “No Corn Syrup” on its packaging, the latest ruling in a false advertising battle filed over Anheuser-Busch’s attack ads...more
9/19/2019
/ Anheuser-Busch ,
Beer ,
Beverage Manufacturers ,
Breweries ,
Comparative Advertising ,
Consumer Confusion ,
Deceptive Intent ,
Evidence ,
False Advertising ,
Irreparable Harm ,
Lanham Act ,
MillerCoors ,
Misleading Impressions ,
Preliminary Injunctions
The Supreme Court of the United States recently granted certiorari in two trademark cases. In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without...more
7/8/2019
/ Appeals ,
Calculation of Damages ,
Certiorari ,
Claim Preclusion ,
Corporate Counsel ,
Fashion Design ,
Lanham Act ,
Res Judicata ,
Romag Fasteners v Fossil ,
SCOTUS ,
Split of Authority ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Willful Infringement
On Friday, the Supreme Court of the United States agreed to hear a case that will decide whether the federal ban on trademark protection for “scandalous” material is unconstitutional. In re Brunetti follows the U.S. Patent...more
1/9/2019
/ Appeals ,
Certiorari ,
Disparagement ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Matal v Tam ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO ,
Vulgar or Offensive Marks