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Unfair Competition

A&O Shearman

Zooming in on AI: Tackling deepfakes around the world

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Deepfakes (also known as digital replicas) are created when sophisticated AI technology generates or alters audio-visual content to misrepresent someone or something. Often a person's voice or appearance is digitally...more

Proskauer - Trade Secrets

Massive $604.9 Million Verdict in Landmark Trade Secret Case

A California state jury awarded Propel Fuels, Inc. $604.9 million in damages after finding Phillips 66 Company liable for trade secret misappropriation. Propel Fuels, Inc. v. Phillips 66 Co., Case No. 22CV007197 (Cal. Oct....more

Foley & Lardner LLP

Minimum Advertised Price Policies: What Manufacturers Need to Know

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Manufacturers often want to provide some direction over how resellers advertise and distribute their products, both to avoid conflicting incentives among resellers that could undermine the broader business strategy and to...more

Cole Schotz

Florida’s CHOICE Act: Offering Unprecedented, New Tools to Employers to Prevent Unfair Competition

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As of its July 3, 2025 effective date, the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (“CHOICE”) Act dramatically overhauled Florida’s restrictive covenant framework. While many states...more

Conn Maciel Carey LLP

[Webinar] How Safety Impacts the Workplace Beyond OSHA: Labor/Employee Relations, W&H, Unfair Competition - August 27th, 10:00 am...

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An employer’s safety program can intersect with numerous aspects of a company’s operations from employment law compliance to labor relations, and beyond. Join our California team as we don both our labor & employment and...more

Troutman Pepper Locke

Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast

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In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more

Loeb & Loeb LLP

Hara v. Netflix, Inc.

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Ninth Circuit affirms dismissal of Lanham Act claims regarding use of drag queen Vicky Vox’s image and likeness in animated Netflix show and teaser trailer, holding, under Rogers test, that use was artistically relevant to...more

Lathrop GPM

California Federal Court Rejects Price Discrimination Case Alleging Costco Received Better Prices and Promotional Terms on 5-hour...

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A federal court in California recently rejected federal and state antitrust price discrimination claims brought by several wholesalers of 5-hour Energy drinks, finding that the plaintiffs failed to demonstrate competitive...more

Dacheng

China Updates Its Anti-Unfair Competition Law to Address “Involutionary” Competition and Abuses of Superior Bargaining Power

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On June 27, 2025, China adopted a revised revision of its Anti-Unfair Competition Law (“AUCL”), which will take effect on October 15, 2025. As one of the two pillars of China’s competition law framework—alongside the...more

Lathrop GPM

FTC Voluntarily Dismisses Recently Filed Suit Against PepsiCo for Illegal Price Discrimination

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On May 22, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its case against PepsiCo alleging price discrimination in violation of the Robinson-Patman Act. Federal Trade Commission v. PepsiCo, Inc.,...more

Dorsey & Whitney LLP

When it Comes to the View, Will the Cubs Play Ball?

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Watching a Cubs game from a nearby rooftop sounds like an ideal afternoon.  At Wrigley Field, it became a business.  For years, rooftop owners near the stadium sold tickets, served food and drinks, and offered fans a unique...more

Offit Kurman

Voice Actors Clear Early Legal Hurdle in AI Cloning Suit

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Voice actors received a rare, if incomplete, victory against alleged AI infringers in a recent opinion from an SDNY judge in Lehrman v. Lovo, Inc. Voice actors Paul Lehrman and Linnea Sage filed an action against AI...more

Kohrman Jackson & Krantz LLP

Our Value is Brand Value

In today’s ecommerce-driven economy, brand owners face a relentless challenge: unauthorized resellers who flood online marketplaces with products that undermine brand value, confuse consumers and compromise quality standards....more

Troutman Pepper Locke

Preemption Win for Federal Credit Union in the Ninth Circuit on Bounced Check Fee Claims

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In a significant ruling, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a consumer’s state law claims against a federal credit union on federal preemption grounds. The putative class action...more

Nossaman LLP

Continuity of Care vs. Exclusive Contracting: What an Ongoing Dispute over a Hospital’s Exclusive Services Agreement Means for...

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With many hospitals turning to exclusive contracts to manage clinical services, understanding when statutory protections may be violated or when contracting decisions run opposed to medical staff bylaws is crucial. In a...more

Lewitt Hackman

Franchisee 101: Franchisee’s Milkshake Brings All Claims to the Yard

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A Texas federal court granted American Dairy Queen Corporation’s motion for partial summary judgment against a terminated franchisee, finding no dispute to the material facts establishing the franchisee’s material breach of...more

Mogin Law LLP

DOJ: Undermining “Viewpoint Competition” Constitutes Antitrust Injury

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Just like any market in which competitors sell goods and services, the Department of Justice Antitrust Division argues that the marketplace of ideas, diversity of perspectives, and “viewpoint competition” are subject to...more

McDermott Will & Schulte

Sound the alarm: Fourth Circuit affirms $190 million verdict based on deceptive trade practices

The US Court of Appeals for the Fourth Circuit affirmed a $190 million verdict based on deceptive trade practices, concluding that the district court performed well within its discretion in making the procedural ruling and...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

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The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Fitch, Even, Tabin & Flannery LLP

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

Cornerstone Research

Applying the Hypothetical Monopolist Test to Labor Markets: Lessons from FTC v. Kroger Co.

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FTC v. Kroger Co., an early test of the 2023 Merger Guidelines, focused on competition within labor markets as well as within product markets. In its decision, the court noted that it was “not aware of any standard economic...more

ArentFox Schiff

Court Upholds Gilks’ Trade Secrets in Fly Boatworks Dispute

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This case is an important reminder that in trade secrets litigation, the specific business context is critically important and may be outcome determinative. Here, a closely held business was held to a much more lenient...more

Hogan Lovells

China’s 2025 Anti-Unfair Competition Law Revision: A new era of enforcement and accountability

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China’s 2025 revision to the Anti-Unfair Competition Law (AUCL), effective 15 October 2025, marks a major regulatory shift aimed at strengthening market integrity and aligning with global enforcement trends. The law...more

Amundsen Davis LLC

Employee Non-Competes: Where We Stand Today

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A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and...more

Farella Braun + Martel LLP

To Catch A Fashion Thief: Trend Chasing or IP Infringement?

Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...more

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