News & Analysis as of

Injunctive Relief Unfair Competition

Tucker Arensberg, P.C.

The FTC’s Non-Compete Rule Has Been Struck Down and Will No Longer Take Effect on September 4, 2024.

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On August 20, 2024, the United States District Court for the Northern District of Texas, Dallas Division, set aside the Federal Trade Commission’s “Non-Compete Rule” (the “Rule”). ...more

Jackson Lewis P.C.

Battle Over/War Isn’t: Employer Considerations Now That FTC Non-Compete Ban Is Set Aside

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A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist....more

Lathrop GPM

Florida Federal Court Allows Franchisor’s Lanham Act and Breach of Contract Claims to Proceed

Lathrop GPM on

A federal court in Florida recently granted in part and denied in part a former franchisee’s motion to dismiss claims for breaching a post-termination noncompete agreement, trademark infringement, and unfair competition. CHHJ...more

White & Case LLP

Notice May Be Required for California Employees Subject to Non-Competes

White & Case LLP on

California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more

Proskauer - New Media & Technology

Help Wanted: Site Owner Brings New Scraping Suits Focused on Job Posting and Employment Data

In recent years there has been a great demand for information about job listings, company reviews and employment data.   Recruiters, consultants, analysts and employment-related service providers, amongst others, are...more

ArentFox Schiff

Tomato Troubles: NatureSweet Files Third Lawsuit Against Angel Sweet Over Product Packaging

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NS Brands Ltd. (NatureSweet) recently filed its third lawsuit against Mastronardi Product Ltd. and Mastronardi Product USA Inc. (Angel Sweet) in just over 10 years, alleging unfair competition and trademark and trade dress...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

Holland & Knight LLP on

A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

Fenwick & West LLP

HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

Fenwick & West LLP on

In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer...more

ArentFox Schiff

Ye vs. The People: Kanye West’s Yeezy Ordered To Pay $950k for Late Shipping

ArentFox Schiff on

The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more

McGuireWoods LLP

SmileDirectClub Not in Violation of NJ Corporate Practice of Dentistry Statute

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On June 11, 2021, the Appellate Division of the Superior Court of New Jersey affirmed a lower court decision favoring SmileDirectClub (SDC) in a case involving the New Jersey corporate practice of dentistry (CPOD) statute....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

McAfee & Taft

When is hiring a competitor’s employee ‘racketeering’?

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When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more

Seyfarth Shaw LLP

Not so Pretty: Cosmetic Company Acquisitions Lead to Contentious Trade Secret Spat

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At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more

Weintraub Tobin

California Supreme Court Rules That There Is No Right To A Jury Trial For Claims Brought Under California’s Unfair Competition Law...

Weintraub Tobin on

As the State of California looks to plug a massive hole in its budget, the regulated community can expect agencies with the authority to generate revenue by imposing civil penalties to become even more active. Those sued for...more

Morgan Lewis

California Supreme Court: No Right to Jury in Unfair Competition, False Advertising Cases

Morgan Lewis on

In a case that has implications for anyone doing business in California, the California Supreme Court recently overturned an appellate court ruling that there was a right to a jury trial in actions for penalties and...more

Carlton Fields

Court Holds Arbitration Provision Does Not Violate California’s McGill Rule

Carlton Fields on

The plaintiffs brought a class action suit against Extra Space Storage Inc. for false advertising, unfair competition, and violation of the California Consumers Legal Remedies Act. After the case was removed to the U.S....more

Burr & Forman

In Trademark Infringement Cases, Your Right to a Jury Trial May Depend on Whether Actual Damages or the Infringer’s Profits Are...

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By way of a precedential decision published on April 23, 2019, the Eleventh Circuit joined the Sixth and Ninth Circuits in holding that trademark owners who seek disgorgement of the infringer’s profits in lieu of actual...more

Dechert LLP

The Third Circuit Clips the Federal Trade Commission’s Wings in FTC v. Shire ViroPharma

Dechert LLP on

On February 25, 2019, the Third Circuit held that the Federal Trade Commission cannot bring litigation in federal court based on past conduct, absent factual allegations demonstrating that a defendant “is violating or is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Holds FTC Must Show Defendants Are ‘About to Violate’ the Law for Injunctive Relief and Disgorgement

On February 25, 2019, in FTC v. Shire ViroPharma, Inc., the U.S. Court of Appeals for the Third Circuit confirmed that the Federal Trade Commission (FTC) cannot plead its way into federal court via Section 13(b) of the FTC...more

Knobbe Martens

A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

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Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more

McAfee & Taft

Ruling offers guidance for companies seeking injunctions to protect trade secrets

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Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more

Knobbe Martens

Beyoncé vs. Feyoncé: Am I Totally Diluted, or Should I Put a Ring on It?

Knobbe Martens on

In April 2016, Beyoncé Knowles-Carter (known mononymously as “Beyoncé”) filed a trademark suit in the Southern District of New York against Feyonce, Inc., an online business that sells clothing, apparel, and assorted goods...more

Knobbe Martens

Damaged Hair Care Products: The Root of the Problem

Knobbe Martens on

On September 7, 2018, Olaplex, LLC and LIQWD, INC. (collectively, “Olaplex”) filed suit in the United States District Court for the Southern District of Florida against Verbena Products, LLC d/b/a BEAUTYVICE and Robert Roque...more

Foley & Lardner LLP

Shouldn't You Be Using Arbitration Agreements to Reduce the Costs of Litigation and the Risk of Class Action Claims?

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Businesses across the country regularly bemoan the time and expense of litigation. Even when businesses are successful in defending non-meritorious consumer claims alleging unfair or deceptive practices, false advertising,...more

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