The Fashion Law

OCTOBER 11, 2021

in an unfair competition complaint in California state court in June, Walmart is looking to get the case tossed out of court on the basis that it is shielded from liability by Section 230 of the Communications Decency Act. Defamation is not the cause of action at hand here. On the heels of Yeezy and West naming Walmart and co.

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Patently O

MAY 17, 2021

5] This lawsuit was filed in California against PerDiemCo, and so the personal jurisdiction question boils down to whether PerDiemCo has directed its activities toward California in a way that makes jurisdiction fair, just, and reasonable according to our traditions. [6]. In 2019, Trimble and ISE sued for declaratory judgment.

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Litigating Litigation Cause of Action Court 110

The Fashion Law

JULY 19, 2021

District Court for the Central District of California states that the parties “agreed to a settlement in principle and will finalize the outstanding matters before the pretrial conference scheduled for July 16, 2021, with the district judge.” In an order on July 15, Magistrate Judge Rozella Oliver of the U.S.

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The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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Cause of Action Court Laws Legal 112

SCOTUSBlog

JANUARY 16, 2022

In 1951, it was acquired by a California gallery owner, who sold it to a Los Angeles collector. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. That question turned on whether California law or Spanish law governed. The full painting.

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Tort Court Laws Litigation 127

JonathanTurley

SEPTEMBER 22, 2021

Students at California Lutheran University have filed a federal defamation lawsuit against the school for defamation and false light after the school denounced softball players and coaches as racists for a college skit. ” There are 13 claims: FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT. SECOND CAUSE OF ACTION FOR SLANDER.

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SCOTUSBlog

JUNE 25, 2021

Ramirez came in a dispute that arose when a California man, Sergio Ramirez, attempted to buy a car. Although Congress has sometimes passed statutes that give someone a “cause of action” when a federal law has been violated, Kavanaugh wrote, that is not enough, by itself, to give a plaintiff the right to sue in federal court.

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The IP Law Blog

JUNE 10, 2021

New York’s new law brings its treatment of post mortem rights closer to that of California which has had postmortem protection for the right of publicity of celebrities and personalities since 1985. When the Monroe Estate attempted to control the use of Ms.

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Statute Cause of Action Sports Laws 85

ClimateChange-ClimateLaw

MAY 23, 2018

a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. BP P.L.C. , Three weeks later, on June 13, Judge John F.

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Litigation Litigating Tort Cause of Action 52

The Fashion Law

JULY 21, 2021

In the complaint that it filed in a federal court in California on Monday, Nike claims that Customs By Ilene, Inc., ” Corona, California-based Drip Creationz does not stop there, though, per Nike. In the complaint that it filed in a federal court in California on Monday, Nike claims that Customs By Ilene, Inc.,

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Cause of Action Manufacturing Legal Legal 145

The Fashion Law

JUNE 1, 2021

District Court for the Central District of California back in April 2016, accusing the Swedish fast fashion giant of infringing one of its geometric patterns – by way of a “remarkably similar” print – for two styles of garments, a jacket and a skirt.

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LawSites

FEBRUARY 22, 2023

In November, Xcential, a 25-person legal technology company in California, fought back, filing an answer and counterclaim denying that its software was based on Agnello’s idea.

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The Fashion Law

OCTOBER 25, 2021

A month later, Great Eros filed a copyright infringement and unfair competition complaint against Bernstein, WWW, their manufacturing partner Onia, and retailers Saks Fifth Avenue, ShopBop, and Carbon 38 (the “defendants”) in a California federal court, arguing that the WWW pattern is a direct rip-off of one that it began using several years ago. .

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Court Cause of Action Manufacturing Drafting 79

SCOTUSBlog

APRIL 2, 2022

City of Oakland, California v. Issue : Whether a court may deny a plaintiff with an antitrust injury proximately caused by a defendant’s antitrust violation a Clayton Act cause of action based on a multifactor, prudential balancing test of “antitrust standing.”. Oakland Raiders. Disclosure : Goldstein & Russell, P.C.,

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The IP Law Blog

MARCH 23, 2023

The license agreement between Evox and Chrome contained a provision that “[n]o action, regardless of form, arising out of this agreement may be brought by either party more than two years after the cause of action arose.” Normally, the statute of limitations for a copyright violation is three years.

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Statute Cause of Action Court Contract 98

At the Lectern

AUGUST 22, 2024

the Supreme Court resolved a question certified by the Ninth Circuit involving the application of California’s economic loss rule. The economic loss rule generally prohibits plaintiffs from recovering tort damages in cases involving breaches of contract that cause only economic losses. Uber Technologies, Inc.

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Patently O

MARCH 25, 2021

2017) refocused attention on a required nexus between the the defendant’s contacts with the forum state and the cause of action. The decision suggested to many that defendant’s connections should have a causal-link with the cause of action. Those who have read BMS know that it was about sales of Plavix.

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Court Cause of Action Manufacturing Litigation 63

SCOTUSBlog

JANUARY 19, 2022

Stentor would require the application of California choice-of-law doctrines. Boies argued that the same result should apply here based primarily on the text of the FSIA but also on the background principles embodied in the Rules of Decision Act (as implemented by the Erie doctrine ) that state law applies to state causes of action.

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Laws Court Cause of Action Government 127

The Fashion Law

APRIL 26, 2021

District Court for the Northern District of California, Facebook, Inc. Against that background, Gucci alerted Facebook to Kokhtenko’s activity, which prompted the Menlo Park, California-based company to make its latest attempts to disable her accounts. According to the joint lawsuit that they filed on Monday in the U.S.

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Manufacturing Cause of Action Contract Litigating 105

The IP Law Blog

JANUARY 27, 2022

True Wearables”) and Dr. Marcelo Lamego alleging a number of causes of action, including misappropriation of trade secrets. The District Court for the Central District of California evaluated the Winter factors to determine whether to grant the motion for preliminary injunction. Masimo Corporation and Ceracor Labortories, Inc.

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Cause of Action Court 98

At the Lectern

JULY 18, 2024

” It’s the UCL four-year statute of limitations, not the one-year provision in the Insurance Code — and similar language in the insured’s policy — for a “suit or action on th[e] policy.” In Rosenberg-Wohl v.

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Cause of Action Statute Court Decisions Court 45

The Fashion Law

AUGUST 19, 2021

In an order this month, a California federal judge held that a party enlisted to endorse a product may be liable for trademark infringement for promoting a product with an infringing name. Code § 17500 claims, but has given Petunia the opportunity to amend its complaint in connection with the latter causes of action. & Prof.

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At the Lectern

JULY 23, 2021

2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous? The court granted review in March 2020. See here.).

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SCOTUSBlog

JANUARY 8, 2024

9, the justices will hear the case of a California man who argues that fees he faced when trying to build on his property violate his rights. California Coastal Commission and Dolan v. Texas argues that it is up to Congress to create a cause of action for Fifth Amendment takings clause claims against states, which it has not done.

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Government Statute Court Cause of Action 97

At the Lectern

SEPTEMBER 16, 2022

In a lawsuit involving a loan collateralized by bitcoin, the court limited the issue to be briefed and argued to: “Did the Court of Appeal correctly hold that this action must remain in California despite the contractual forum selection clause?” Covid statute of limitations. See write-up of People v. Churchill here.)

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Court Statute Cause of Action Laws 56

Constitutional Law Reporter

APRIL 20, 2022

USERRA’s cause of action against state employers may be pursued only in state courts, which a Texas court found to be unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers. Lewis , 138 S.Ct.

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At the Lectern

APRIL 14, 2021

2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous? Cable News Network, Inc. 2019) 7 Cal.5th

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LawSites

JANUARY 4, 2023

As I reported here in November , the law firm Akin Gump Strauss Hauer & Feld has sued Xcential for misappropriation of trade secrets, breach of contract, and other causes of action. LegisPro is currently used by the California Legislature, the U.S. This is Stodder’s perspective on the lawsuit. Mark Stodder.

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Patently O

FEBRUARY 17, 2023

Patent cases also involve aspects of secrecy—such as unpublished patent applications that might bear on validity and business strategy related to damages—but trade secret litigation goes to the very heart of the cause of action: that the information that was allegedly misappropriated was not known or readily ascertainable.

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ClimateChange-ClimateLaw

MAY 12, 2023

Background on the cases Starting in 2017 with three cases filed in California, cities, counties, and states across the country filed suits against fossil fuel companies. The plaintiffs strategically pled state law claims and refrained from adding federal causes of action to their cases.

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Strictly Business

OCTOBER 30, 2017

While it is a California state law, it is not limited to companies or servers physically located in the state; rather, any company that collects personal information on California residents (which covers many websites), must comply with the law.

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LawSites

NOVEMBER 29, 2022

A 25-person legal technology company in California is fighting back against one of the world’s largest law firms in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea.

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Drafting Law Firm Law Firms Laws 52

JonathanTurley

SEPTEMBER 21, 2021

Nunes will be allowed to litigate his claim that Lizza defamed him by claiming that he secretly moved his farm from California to Iowa and linked the move to the alleged use of undocumented labor. Devin Nunes against journalist Ryan Lizza who now writes for Politico. Restatement (Second) of Torts § 577A(3) (Am.

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Tort Immigration Cause of Action Court Rules 51

At the Lectern

JULY 28, 2022

A plastic surgery group filed a cross-complaint against the petitioner alleging causes of action arising from the purchase of a product the petitioner manufactured. shall reimburse providers for emergency services and care provided to its enrollees.” ” Here are the petition for review , answer , and reply.

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At the Lectern

JULY 14, 2022

In a published opinion , the Fourth District, Division Two, Court of Appeal held that a previously owned vehicle with some balance remaining on the manufacturer’s express warranty and sold by a retailer unaffiliated with the manufacturer is not a “new motor vehicle” under California’s Song-Beverly Consumer Warranty Act.

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Conflict of Laws

JUNE 23, 2024

The South African Supreme Court of Appeal held that “The California Court Orders do not constitute a liquid document evidencing an unconditional acknowledgment of indebtedness, in a fixed sum of money. This is because it had been converted into a liquid and executable money judgment under California law.

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Court Cause of Action Laws Legal 52

The Fashion Law

DECEMBER 20, 2021

Lululemon has responded to Peloton’s declaratory judgment action with a counter suit , arguing that the New York-based Peloton is on the hook for design patent and trade dress infringement in connection with its sale of “copycat” athleticwear on the heels of pulling the plug on the parties’ 5-year-long co-branding partnership. Drip Creationz.

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