Retail & E-Commerce

  • September 10, 2024

    T-Mobile Can't Change 4th Circ. Loss In 'Simply Prepaid' Fight

    T-Mobile failed Tuesday to undercut a Fourth Circuit decision that revived a Virginia-based cellphone company's infringement claims over the phrase "Simply Prepaid," with a panel of judges declining to grant the telecommunications giant's request for a second look.

  • September 10, 2024

    House Reps. Float Bill To Limit Patent Invalidations

    A bipartisan bill that would reset patent eligibility standards has been introduced in the U.S. House of Representatives, over a year after a similar Senate bill was put forward that drew opposition from much of the tech and retail industry.

  • September 10, 2024

    Cult Gaia Importer Beats Champagne Bid To Bar Dress Sales

    A Dutch importer of Cult Gaia dresses has seen off a bid from a body representing the Champagne region's interests to bar it from selling "champagne" colored dresses after a court ruled it was clear it had no connection to the sparkling wine.

  • September 10, 2024

    Cypriot Cheesemakers Lose Challenge To 'Grilloumi' TM

    A group of Cypriot halloumi producers has lost its attempt to overturn a decision that allowed a Swedish cheesemaker to register its "Grilloumi" and "Grilloumaki" trademarks in the U.K., as a London court ruled the marks are sufficiently different.

  • September 10, 2024

    Top EU Court Upholds €2.4B Google Shopping Fine

    The European Court of Justice rejected an appeal from Google on Tuesday challenging a €2.4 billion ($2.7 billion) fine for steering users toward its own comparison shopping service, as the tech giant faces mounting pressure from antitrust enforcers at home and abroad.

  • September 09, 2024

    DOJ Says 'Frustrated' Google Ad Tech Customers Are Stuck

    The U.S. Department of Justice urged a Virginia federal judge Monday to dismantle Google's hold over the technology used to place online display ads on website publishers' pages, asserting in opening arguments that the search giant has used its power to trap consumers and undermine competitors.

  • September 09, 2024

    Denver Court Knocks Out 'Breathable' Fabric Patent Claims

    After almost a decade of litigation over "breathable" waterproof fabric in Colorado federal court, a judge in Denver has decided that some of the claims describing a patent failed to hold up to legal scrutiny. 

  • September 09, 2024

    6th Circ. Affirms Ax Of '100% Raw' Honey-Labeling Fight

    The Sixth Circuit has affirmed a decision tossing consumers' proposed class action over Strange Honey Farm LLC's "100% raw Tennessee honey" labels, finding that while the appellate court has jurisdiction to hear the consumers' appeal, the lower court rightly dismissed the "conclusory" allegations without leave to amend.

  • September 09, 2024

    SEC Fines 7 Companies $3M Over Whistleblower Violations

    The U.S. Securities and Exchange Commission on Monday announced a $3 million collective settlement with seven public companies, including TransUnion and Acadia Healthcare Co. Inc., to resolve claims that those companies used employment, separation and other agreements to impede whistleblowers from reporting potential misconduct to the SEC.

  • September 09, 2024

    Handbag Market Probed As FTC's $8.5B Merger Hearing Starts

    A New York federal judge heard dueling narratives about the existence of an "accessible luxury" handbag market Monday, as the Federal Trade Commission seeks to halt a proposed $8.5 billion merger between the owners of Michael Kors and Coach.

  • September 09, 2024

    7-Eleven Says No To Talks With Couche-Tard After $40B Denial

    After rejecting a nearly $40 billion buyout offer from Alimentation Couche-Tard Inc. last week, the parent company of 7-Eleven told the Canadian retailer Monday that it hasn't yet brought forth an offer that warrants "substantial discussions." 

  • September 09, 2024

    Riddell Helmet Design Contributed To Brain Injury, Suit Says

    The parents of a high school football player who suffered a life-altering injury that left him reliant on a wheelchair have filed a federal product liability suit in Texas against Riddell Inc., the maker of the allegedly defective helmet he was wearing when he was hurt.

  • September 09, 2024

    Colo. Justices Rule Amazon's Holiday Pay Must Be In OT Math

    Amazon's holiday incentive pay is the type of compensation Colorado wage law requires to be included in overtime calculations, the state Supreme Court ruled Monday, agreeing with warehouse workers that the incentive pay needed to be included in their regular rate when calculating overtime.

  • September 09, 2024

    Bargain Retailer Big Lots Hits Ch. 11 With Sale In Sights

    Discount retail chain Big Lots filed for Chapter 11 protection Monday in Delaware with $556 million of secured debt and plans to shutter more than 300 stores while it works to complete a $620 million deal to sell the rest of its business as a going concern.

  • September 06, 2024

    T.I. Tells Jury 'Anyone With Eyes' Can See MGA's IP Theft

    Grammy-winning hip hop artist T.I. on Friday told jurors weighing his intellectual property suit against toymaker MGA Enterntainment that anyone could see the similarities between the company's O.M.G. doll line and the OMG Girlz pop group that the rapper co-owns, but he's not sure the company CEO knew of any alleged idea theft.

  • September 06, 2024

    Takeaways From Fair Use Rejection Of Free E-Book Library

    The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.

  • September 06, 2024

    Health-Ade Settles Suit Over 'Forever Chemicals' In Kombucha

    A consumer who filed a proposed class action against popular kombucha-maker Health-Ade LLC claiming the beverages contained "forever chemicals" has apparently settled her claims against the company, according to an order issued by a New York federal judge.

  • September 06, 2024

    Marc Jacobs Brushes Off Eyeshadow TM Suit

    A Korean skin care company that alleged an eyeshadow line from Marc Jacobs infringed its trademark for an anti-aging eye cream has lost its case, with a California federal judge finding the Eye-Conic cosmetics from Marc Jacobs Beauty would not likely be confused with Amarte's Eyeconic eye cream.

  • September 06, 2024

    Starbucks Finds Interest For Appeal In Shareholder Suit

    A Washington Court of Appeals commissioner suggested to two Starbucks shareholders on Friday that their lawsuit must "do more than what it does" as of now if they want to accuse corporate leadership of responding illegally to barista unionization, hinting the court will likely take up the coffee giant's appeal.

  • September 06, 2024

    Calif. Gov. Targets Hemp Intoxicants With Emergency Ban

    California Gov. Gavin Newsom on Friday announced emergency regulations banning products derived from industrial hemp that contain any intoxicating cannabinoids, and setting an age minimum of 21 years to purchase hemp products.

  • September 06, 2024

    DOJ Must Give Google 'Something Concrete' On Search Fixes

    The Justice Department cannot wait until February to propose remedies meant to address Google's default contract exclusionary thumb on the scales of online search, a D.C. federal judge told the agency during a hearing Friday, adding that the government needs to put a definitive proposal on the table much sooner.

  • September 06, 2024

    Google Hit With Ad Tech Complaint In UK As DOJ Trial Looms

    The U.K.'s competition enforcer accused Google on Friday of abusing its dominance over the technology used to place ads on third-party websites, as the tech giant gears up for a trial on similar claims from the U.S. Department of Justice.

  • September 05, 2024

    MGA's O.M.G. Dolls Imitated Girl Group's Looks, Member Says

    Toy company MGA Entertainment Inc.'s line of O.M.G. dolls imitated the signature looks of a pop group created by rapper T.I. called OMG Girlz, a member of the singing group testified Thursday in a California federal court retrial of a long-running intellectual property fight.

  • September 05, 2024

    SQRL Store Chain Landlords Want Out Of Ch. 11 Stay

    The landlords of 30 SQRL fuel station and convenience store locations are urging a Texas federal bankruptcy court to allow them to avoid an automatic stay that they allege is blocking them from taking ownership of the SQRL locations for themselves.

  • September 05, 2024

    Clubman Talc Settles Prominent Developer's Asbestos Claims

    The company behind Pinaud Clubman talcum powder products has settled claims that its merchandise contained asbestos and caused cancer in a real estate developer described by attorneys for co-defendant Johnson & Johnson as the "Donald Trump of Springfield, Massachusetts."

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • What 4 Cyber Protection Actions Mean For Marine Transport

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    Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.

  • Inside Antitrust Agencies' Rollup And Serial Acquisition Moves

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    The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk

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    A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.

  • Counterfeits At The Olympics Pose IP Challenges

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    With the 2024 Olympic Games quickly approaching, the proliferation of counterfeit Olympic merchandise poses a difficult challenge to the protection of intellectual property rights and the preservation of the Olympic brand's integrity, says Kimiya Shams at Devialet.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

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