Watch your P's and Q's... - Supreme Court Clears the Path for False...
The Supreme Court issued an 8-0 decision yesterday unanimously holding that compliance with federal labeling statutes cannot be used as a defense to lawsuits by competitors for false advertising under...
View ArticleAdobe Systems Inc. v. Kornrumpf - USCA, Ninth Circuit, June 2, 2014
Adobe Systems Inc. v. Kornrumpf - USCA, Ninth Circuit, June 2, 2014: Ninth Circuit affirms grant of partial summary judgment in favor of Adobe Systems Inc., holding that first sale doctrine was not...
View ArticleAdvertising Law - June 2014
FTC’s Data Broker Report: Transparency And Consumer Control - Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data...
View ArticleFirst Patents Survive Inter Partes Review Fully Intact
ABB Inc. v. ROY-G-BIV Corp. - In the past several months, decisions have been rendered in the first wave of inter partes reviews filed under the American Invents Act (AIA). The early IPR decisions of...
View ArticleBraintree Laboratories, Inc. v. Novel Laboratories, Inc. (Fed. Cir. 2014) -...
Every once in a while a Federal Circuit panel construes a common claim term contrary to how it has been construed in prior precedent, usually based on the particular situation or circumstance the Court...
View ArticleU.S. Supreme Court Allows Pom Wonderful to Pursue Lanham Act Claims against...
Further to our April 23 post on the Pom Wonderful-Coca-Cola U.S. Supreme Court case, the Court on Thursday June 12 issued an unanimous decision (with Justice Breyer taking no part in the consideration...
View ArticleCFPB Issues a Request for Information Related to Mobile Financial Services
Yesterday, the Consumer Financial Protection Bureau (“CFPB”) released a request for information (“RFI”) concerning the use of mobile financial services, specifically among unbanked and underbanked...
View Article"FCC Issues Rules for First-Ever Incentive Auction of TV Broadcast Spectrum"
On June 2, 2014, the Federal Communications Commission (FCC, or Commission) released rules designed to implement the first-ever incentive auction in which spectrum will be recovered from television...
View ArticleWhere Two Worlds Collide: The Impact of Sanctions in Space
As we continue to find new ways to look at the implications of the Ukraine-related sanctions introduced by the United States over the past few months, we have shifted our perspective to the...
View ArticleLouisiana Court Holds Video-on-Demand Is Not Subject to Sales Tax
Yesterday the Louisiana 24th Judicial District Court held that a cable service provider’s video-on-demand and pay-per-view video programming are not tangible personal property subject to sales tax....
View ArticleSpear Phishing Scams Targeting Corporate Executives
The FBI has seen an increase in sophisticated “spear phishing” scams targeting executives across industry sectors. Spear phishing is when a criminal sends an e-mail that appears to be from a trusted...
View ArticleCourt Finds No CEQA Necessary For Utility Cabinets on San Francisco Sidewalks
In San Francisco Beautiful v. City and County of San Francisco, No. CPF11511535, (Cal. Ct. App. 1st Dist. May 30, 2014), the First Appellate District upheld San Francisco’s application of a categorical...
View ArticleProtecting Drug Supply Chain Security
Millions of Americans take prescription drugs every day while assuming that those drugs are what they purport to be, that they have not been tampered with, and certainly that they are not counterfeit....
View ArticleThe ONC’s Health IT Vision Plan: A Building Under Construction
The HHS Office of the National Coordinator (ONC) released its report “Connecting Health and Care for the Nation: A 10-Year Vision to Achieve an Interoperable Health IT Infrastructure” (the “Vision...
View ArticleFTC Report Seeks Congressional Review of Data Broker Industry
As the advent of “big data” increasingly takes center stage in the data and privacy sphere, data brokers—companies that compile and resell or share consumers’ personal data—have come under increased...
View ArticleCopyright: Europe Explores its Boundaries Part 2: New UK Infringement...
In 2011 the Hargreaves Review stated that in some respects UK copyright law had failed to “keep up with technological and social change”, and recommended that the UK implement all of the copyright...
View ArticleUK Moroccanoil Passing Off Claim Fails Against Aldi Lookalike Product Miracle...
Moroccanoil Israel Limited (MIL) has lost its claim for passing off against supermarket chain Aldi Stores Limited (Aldi) in the Intellectual Property Enterprise Court. Both MIL and Aldi are retailers...
View ArticleUK Government launches “Cyber Essentials” badge
The UK Government has launched a new cyber security certification framework called “Cyber Essentials“. This is part of a continuing effort to get business to take cyber security seriously in the wake...
View ArticleSupreme Court Decides POM Wonderful LLC v. Coca-Cola Co.
Petitioner POM Wonderful LLC makes and sells juice products, including a pomegranate-blueberry juice blend. Coca-Cola Company makes a juice blend with a label that prominently displays the words...
View ArticleSupreme Court Holds That Lanham Act False Advertising Claims Are Not...
Earlier today, the U.S. Supreme Court unanimously held that a Lanham Act false advertising case may be brought even if Food and Drug Administration (FDA) beverage labeling regulations permit use of the...
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