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Retail & E-Commerce
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May 21, 2025
Fed. Circ. Rules 'Vetements' Generic, Bars Clothing TM
The Federal Circuit affirmed the denial of trademark registrations for "Vetements" for clothes, saying in a precedential opinion Wednesday that because the word means clothing in French, the applied-for marks are generic and therefore can't be registered.
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May 20, 2025
DC Circ. Won't Revive Okla. Tribe's Creek Land Dispute
The D.C. Circuit on Tuesday affirmed the dismissal of an Oklahoma tribe's challenge to a decision that rejected its proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee (Creek) Nation, agreeing with the district court that the complaint failed to identify a valid cause of action that entitles relief.
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May 20, 2025
Tech Co. AppLovin's Brass Face 'Shadow Downloads' Claims
Executives and directors of technology company AppLovin face a shareholder derivative suit alleging they breached their fiduciary duties after the company allegedly inflated its download numbers, a key performance metric, by means of manipulative practices.
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May 20, 2025
Keurig Says Google Ruling Doesn't Back Antitrust Claims
Keurig coffee pod buyers who have accused the company of anticompetitive behavior mischaracterized a recent court ruling in an antitrust case against Google to make their own case look better, the company has told the New York federal court overseeing the long-running litigation.
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May 20, 2025
Elf Beauty Brass Face Investor Suit Over Declining Demand
Executives and directors of cosmetics company e.l.f. Beauty were hit with a shareholder derivative suit accusing them of concealing declining consumer demand, which led to a 55% decline in stock value as information regarding waning revenues and increasing inventory emerged.
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May 20, 2025
Vape Pen Exploded In Conn. Man's Pocket, Suit Says
A Connecticut man claims a vape blew up in his pocket, causing severe burns to much of his leg, according to a state lawsuit that seeks damages against the retail store that sold the product and e-cigarette manufacturer GeekVape Technology Co. Ltd.
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May 20, 2025
BofA Class In Out-Of-Network ATM Fee Fight Narrowed
A California federal judge tweaked the definition of a class of account holders suing Bank of America over out-of-network fees for balance inquiries at certain ATMs, agreeing to exclude certain members from the class but largely rejecting the bank's qualms with the class certification.
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May 20, 2025
Nextdoor Beats Investor Suit Over Post-SPAC Profitability
A California federal judge has tossed a shareholder class action that alleges hyperlocal social networking service Nextdoor Holdings Inc. misled investors about its projected profitability when combining with a special purpose acquisition company, saying the suit's plaintiff never owned or sold the company's securities before the merger, among other things.Â
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May 20, 2025
Carnegie Hall Group Targets Hospitality Biz In TM Suit
The nonprofit behind New York City's famous Carnegie Hall accused a hospitality company in a federal lawsuit Tuesday of infringing the concert venue's trademarks by using them for the company's diners and cafés.
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May 20, 2025
Franchise Group Says Ch. 11 Plan Cuts $1.5B In Debt
Bankrupt retail franchise owner and operator Franchise Group Inc. told a Delaware judge on Tuesday that its proposed Chapter 11 plan would slash $1.5 billion from its balance sheet while positioning the business to emerge with 1,700 retail locations intact.
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May 20, 2025
Uber Underpaid OT By Thousands, Account Exec. Says
Uber expected an account executive to put in at least 55 hours a week but didn't fully compensate him for all of these extra hours, a complaint filed in California state court said.
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May 20, 2025
Stewart Revives E-Cig Patent Row, Clarifying PTAB Denials
The acting head of the U.S. Patent and Trademark Office has revived a company's Patent Trial and Appeal Board challenge to an electronic cigarette patent, issuing a precedential decision that provides guidance on discretionary denials when a patent challenger relies on prior art previously furnished to an examiner.Â
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May 20, 2025
Meta Says Too Late For 'Dramatic Shift' In Antitrust Argument
Consumers who claim Meta monopolized the social media advertising market are attempting to make a late "dramatic shift" from their years-long argument that all of its users should have been paid a "made-up figure" of $5 a month for their data, the company told a California federal court Monday.
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May 20, 2025
Judge Denies Meta's Mid-Trial Bid To End FTC Monopoly Case
A D.C. federal judge refused Tuesday to cut short the trial in the Federal Trade Commission's monopolization lawsuit against Meta Platforms Inc., not finding the clear evidentiary failure necessary to nix the government's case over the company's purchases of WhatsApp and Instagram.
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May 20, 2025
Amazon, Apple Get Atty Fees Over Dropped Antitrust Plaintiff
A Washington federal judge on Tuesday ordered an ousted lead plaintiff's counsel in a proposed antitrust class action against Amazon and Apple to pay a combined $223,000 in attorney fees to the defendants after finding last month that the lawyers had failed to tell the court that their client had abandoned the case.
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May 20, 2025
Apple Can't Get Quick Pause Of App Store Order At 9th Circ.
The Ninth Circuit agreed Monday to expedite briefing in Apple's appeal challenging a lower court's new injunction mandating certain App Store policy changes, but the panel declined to rule on Apple's emergency request to pause the injunction as Apple and Epic Games brief the hotly contested dispute.
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May 20, 2025
Indirect Chicken Buyers' Attys Seek Additional $12M In Fees
Attorneys for commercial and institutional indirect purchaser plaintiffs in sprawling antitrust litigation against the nation's top poultry producers asked an Illinois federal judge Monday to approve roughly $12 million in additional attorney fees after they secured more than $41 million in additional deals since a prior fee motion.
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May 20, 2025
Cleary Guides Up To $391M Sale Of Levi Strauss' Dockers Line
Levi Strauss & Co. said Tuesday that it will offload its Dockers brand to Authentic Brands Group in a deal worth up to $391 million, signaling the company's intensified focus on its denim lines and the growth of its Beyond Yoga business.
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May 19, 2025
Diamond Dealer Sentenced In $13M Fla. Fraud Case
A Florida federal judge sentenced a Pennsylvania man to more than six years in prison after he admitted to defrauding more than 100 victims out of $13 million in connection with a diamond investment Ponzi scheme.
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May 19, 2025
Comscore Accused Of Monopoly Over Movie Box Office Data
Media analytics giant Comscore Inc. wields a monopoly over U.S. theatrical box office data and has used it to squeeze out a company that provides competing software for film distribution planning and booking, according to a new antitrust suit filed Monday in California federal court.
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May 19, 2025
Apple's Refusal To Put Fortnite On App Store Prompts Hearing
A California federal judge issued an order Monday requiring Apple to show why she should not find that the company has violated her recent injunction requiring changes to its App Store policies, after Epic Games complained that the tech giant is refusing to put Fortnite back on its U.S. online storefront.
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May 19, 2025
Amazon Asks 9th Circ. To Flip 'Inadvertent' Discovery Ruling
Amazon asked the Ninth Circuit to reverse a Washington federal court's ruling that refused its bid to claw back documents inadvertently produced in proposed antitrust class actions, saying companies need to be able to fix mistakes made when designating privileged documents.
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May 19, 2025
'Baby Shark' Wins Bid To Keep Knockoff Products Off Shelves
The PinkFong Co., creator of the viral "Baby Shark" song, has been granted a temporary restraining order against counterfeit businesses infringing its trademarks by advertising and distributing knockoff merchandise through their seller accounts on Amazon and Walmart, according to an order unsealed last week in New York federal court.
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May 19, 2025
Tyson Says Feed Ingredient Co.'s Suppliers Chose It Fairly
Tyson Foods asked a Georgia federal judge to nix a poultry rendering company's antitrust lawsuit, arguing the evidence shows that contracts it inked with the company's raw materials suppliers were won out of competition, not conspiracy to force the rendering firm into an underpriced $865.8 million buyout.
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May 19, 2025
'50 Cent' Liquor Biz Eyes Ex-Boss's Conn. Home For $7M Debt
Famed rapper Curtis '50 Cent' Jackson's liquor company asked a Connecticut bankruptcy court to let the business enforce its lien on its former brand manager Mitchell Green's $1 million home in Westport to help satisfy a $7 million fraud judgment, arguing that the lien will not disrupt Green's Chapter 7 proceedings.
Expert Analysis
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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The Future Of Privacy Enforcement Under Ferguson's FTC
Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.