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Lanham Act State Law Claims

Katten Muchin Rosenman LLP

Punitive Damages in Trademark Litigation: A Shift in the Legal Landscape? - The Katten Kattwalk | Issue 29

The US Court of Appeals for the Seventh Circuit's (Seventh Circuit) decision in Curry v. Revolution Laboratories, LLC, 124 F.4th 441 (7th Cir. 2024), has drawn attention to the interplay between federal and state law in...more

Womble Bond Dickinson

What’s in a Name? Chicago’s Darvin Furniture & Mattress Claims Trademark Violation in Lawsuit Versus Wayfair

Womble Bond Dickinson on

Darvin Furniture And Appliance Of Orland Park, Inc. V. Wayfair LLC, Case No. 1:23cv4121 (N.D. Illinois, June 27, 2023) Darvin Furniture And Appliance Of Orland Park, Inc., a Chicagoland retailer which does business as Darvin...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

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Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Proskauer - New Media & Technology

Web Scraping Decisions Consider Contract Cause of Action

Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to...more

Proskauer Rose LLP

Three Point Shot - December 2018

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Proskauer - Advertising Law

Eleventh Circuit Works Out Preclusion and Preemption Issues in Protein Powder Dispute

On December 4, 2018, the Eleventh Circuit partially reversed the dismissal of Hi-Tech Pharmaceuticals’ suit against HBS International Corp. for alleged violations of the Lanham Act and Georgia’s Uniform Deceptive Trade...more

Proskauer - Advertising Law

District Court Filters Out Preempted “Spring Water” False Advertising Claim

Earlier this year, we covered a decision from the District of Connecticut finding state law false advertising claims against the bottled water company Poland Spring preempted by the FDCA. Flowing from that decision is the...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Pillsbury - Policyholder Pulse blog

Notice Anything Fishy? – Preserving Your Coverage Claims with Diligent Notice

Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with oxygen to produce oxymyoglobin, and with carbon monoxide to form...more

WilmerHale

Copyright and Trademark Case Review: Copyright Preemption, Software-as-a-Service and Popularity on the Internet

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Copyright Decisions - Claim for Copying of Useful Article Design Preempted by Copyright Act: Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084 (5th Cir. Jan. 11, 2017)...more

Sullivan & Worcester

The Right of Publicity: How Much Control Do NFL Players Have Over Their Names?

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How much control should athletes have over their names? Not an unlimited amount, according to one recent court ruling. Late last month, in Dryer v. National Football League, the Eighth Circuit denied an appeal by three...more

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