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27 Mar, 2008 1:29 am
... patent infringement lawsuit, in Los Angeles Federal District Court, on behalf of Bella Bella, Inc. against numerous cosmetic products manufacturers for allegedly infringing a
patent covering a cosmetic ... injunction in addition to monetary damages for patent infringement. The case is titled Bella Bella, Inc. v. Neutrogena Corporation, et al.,
CV08-01270 GAF (C.D. ... , Guthy-Renker Corporation, Stearn's Products, Inc., Derma E, L'Oreal S.A., L'Oreal USA, Inc., Laboratories
Garnier Paris, Garnier LLC, ...
24 Feb 7:05 am
... months to do so. Ms. Smith filed a class action law suit against L'Oreal, alleging that she worked for one day, that her employment was terminated at the end of the,
... employees "waiting time" penalties under Labor Code Section 203. In Smith v. L'Oreal USA, Inc. (2006) 39 Cal. 4th 77, the California Supreme Court
agreed. The ... an assignment if wages are paid in compliance with this subdivision. Let's hope that employers like L'Oreal do a better job complying with the new Section
201.3 than they did ...
14 Aug 1:57 pm
... to be interpreted liberally to promote the resolution of potentially meritorious claims on the merits. See Yanowitz v. L'Oreal USA, Inc. (2005) 36
Cal.4th 1028; Richards iv CH2M Hill, Inc. (2001) 26 Cal.4th 798; Romano v. Rockwell (1996) Cal.4th 479. The defendant's ... due to the continuing violation doctrine, as described
in the landmark California Supreme Court case of Yanowitz v. L'Oreal. The Court denied defendant's Motion in Limine #4, and the case proceeded to trial. Although ...
17 Apr, 2008 10:39 am
... procedurally irrelevant. We'd pointed out in our prior post that Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), the biggest preemption loss ... may take judicial notice of the
FDA letters submitted by the parties"); In re Amgen Inc. Securities Litigation, ___ F. Supp.2d ___, 2008 WL 999058 ... FDA vaccine approvals; FDA guidances); Fellner v. Tri-Union
Seafoods, L.L.C., 2007 WL 87633, at *1 (D.N.J. Jan ... 927848, at *12 n.13, citing Jean Alexander Cosmetics, Inc. v. L'Oreal USA, Inc.,
458 F.3d 244, 256 n. 5 ...
17 Jul, 2007 3:15 am
Per Gonzalez v. L'Oreal USA, Inc., --- F.Supp.2d ----, 2007 WL 1572087 (N.D.N.Y. May 24, 2007) (NO. 1:05-CV-01618LEKDRH): Defendant alleges that service of
the Summons and Complaint was not effected with 120 days after the ... within 120 days is grounds for dismissal, absent a showing of good cause. Fed.R.Civ.P. 4(M); Romandette v.
Wheetabix Co., Inc. 807 F.2d 309, 311 (2d Cir.1986). Defendant did not receive the Complaint and Summons until August 17, 2006, 231 days after the ...
9 Aug, 2007 7:28 am
... holding the claim was preempted and then changing course and holding it wasn't. At least the sequence was correct. Both courts relied on the 7th Circuit's opinion in Toney v.
L'Oreal USA, Inc., 406 F.3d 905 (7th Cir. 2005), a reliance that was fitting given that the ... engaged in the same flip-flop. See earlier posting here.
Defendant relied on Laws v. Sony Entertainment, Inc., 448 F.3d 1134 (9th Cir. 2006), which was the wrong circuit and the wrong facts. In ...
6 Sep, 2007 9:29 am
... is worthy of a law school exam question. I dissent. But as for the pre-emption question, the opinion shows how complicated that issue remains after the Seventh Circuit's decision in
Toney v. L'Oreal USA, Inc. 406 F.3d 905 (7th Cir.2005), which -- iike the trial court ... her state claim was not preempted. A later decision by the Ninth
Circuit in Laws v. Sony Music Entertainment, Inc., 448 F.3d 1134 (9th Cir. 2006), reached the opposite conclusion in a case where ...
6 Sep, 2007 9:29 am
... is worthy of a law school exam question. I respectfully dissent. But as for the preemption question, the opinion shows how complicated that issue remains after the Seventh Circuit's
decision in Toney v. L'Oreal USA, Inc. 406 F.3d 905 (7th Cir.2005), which -- like the trial court ... state claim was not preempted. A later decision by the
Ninth Circuit in Laws v. Sony Music Entertainment, Inc., 448 F.3d 1134 (9th Cir. 2006), reached the opposite conclusion in a case where ...
6 Sep, 2007 9:29 am
... is worthy of a law school exam question. I respectfully dissent. But as for the preemption question, the opinion shows how complicated that issue remains after the Seventh Circuit's
decision in Toney v. L'Oreal USA, Inc. 406 F.3d 905 (7th Cir.2005), which -- like the trial court ... state claim was not preempted. A later decision by the
Ninth Circuit in Laws v. Sony Music Entertainment, Inc., 448 F.3d 1134 (9th Cir. 2006), reached the opposite conclusion in a case where ...
6 Sep, 2007 9:29 am
... is worthy of a law school exam question. I respectfully dissent. But as for the preemption question, the opinion shows how complicated that issue remains after the Seventh Circuit's
decision in Toney v. L'Oreal USA, Inc. 406 F.3d 905 (7th Cir.2005), which -- like the trial court ... state claim was not preempted. A later decision by the
Ninth Circuit in Laws v. Sony Music Entertainment, Inc., 448 F.3d 1134 (9th Cir. 2006), reached the opposite conclusion in a case where ...
6 Sep, 2007 4:29 pm
... is worthy of a law school exam question. I respectfully dissent. But as for the preemption question, the opinion shows how complicated that issue remains after the Seventh Circuit's
decision in Toney v. L'Oreal USA, Inc. 406 F.3d 905 (7th Cir.2005), which -- like the trial court ... state claim was not preempted. A later decision by the
Ninth Circuit in Laws v. Sony Music Entertainment, Inc., 448 F.3d 1134 (9th Cir. 2006), reached the opposite conclusion in a case where ...
10 Sep, 2008 8:00 am
... belief that the employment practice he or she protested was unlawful. As the California Supreme Court pointed out in the leading case on the issue, Yanowitz v. L'Oreal
USA, Inc. (2005), firing an employee who refused to follow order which he reasonable believed was unlawful, was unlawful retaliation and constituted wrongful termination
even though it was later found that the order given did not involve anything illegal. It is important ...
25 Aug, 2008 9:41 pm
... belief that the employment practice he or she protested was unlawful. As the California Supreme Court pointed out in the leading case on the issue, Yanowitz v. L'Oreal
USA, Inc. (2005), firing an employee who refused to follow order which he reasonable believed was unlawful, was unlawful retaliation and constituted wrongful termination
even though it was later found that the order given did not involve anything illegal. It is important ...
19 Oct, 2008 8:13 pm
... employee only needs to show that he or she had a "reasonable belief" that the employer practice that the employee was opposing was unlawful. It doesn't matter that a court later
determines later that the practice complained of, or opposed to, is actually not illegal, as the California Supreme Court held in Yanowitz v. L'Oreal USA,
Inc. (2005) 36 C4th 1028, 1043.
6 Mar 4:30 am
Frye v. L'Oreal USA, Inc., 583 F. Supp. 2d 954 (N.D. Ill. 2008). I don't know how many of you have seen this ... that some group called the "Campaign for
Safe Cosmetics" determined that certain shades of red L'Oreal lipstick had dangerous amounts of lead in it. The plaintiff alleged she was one of the ... a Friday morning,
the Court came to the conclusion that the amount of lead that would be consumed using the L'Oreal lipstick over a lifetime is less than the acceptable amount of lead in
candy. Double ...
7 Aug, 2008 10:05 am
... action alleging lead in lipstick. See Stella v. LVMH Perfumes and Cosmetics USA Inc., No. 1:07-cv-06509, 2008 WL 2669662 (N.D ... a federal judge has thrown out a
purported class action against L'Oreal USA Inc. and Procter & Gamble Distributing LLC that accused the companies of ... selling Cover Girl and Maybelline
lipsticks containing lead. Koronthaly v. L'Oreal USA, Inc., et al., No. 07-5588 (D.N.J. July 29, 2008), opinion found here. The plaintiff brought various
claims, including unjust enrichment ...
19 Aug, 2006 6:08 am
... same mark. The case was more notable -- at least from a trademark standpoint -- for what it DIDN'T discuss, rather than what it did discuss. The 3d Circuit's decision in Jean
Alexander Cosmetics v. L'Oreal USA, Inc., No. 05-4321 (3d Cir. Aug. 14, 2006), focused primarily on the element of ... on in the "entire marketplace
context"). See, e.g., Levy v. Kosher Overseers Ass'n of Amer., Inc., 104 F.3d 38 (2d Cir. 1997) (sorry, no link). The Levy court refused to apply ...
13 Feb 8:00 am
... page: [duncanbucknell.com] Highlights this week included: Advocate General opines advertisement comparing perfume to L'Oreal's did not infringe trade marks;
translation issue: L' ... ' covering financial services to proceed to registration despite opposition: Elvis Presley Enterprises Inc v Elvis Jelcic (Australian Trade Marks
Law Blog) Silverbrook Research ... : Patent expert allowed on limited subjects: Se-Kure Controls, Inc v Diam USA, Inc (Chicago Intellectual Property Law Blog)
District Court N D ...
13 Nov 10:32 am
... alleged misleading statements about Lipitor's coronary benefits." Likewise, the Court distinguished Frye v. L'Oreal USA, a case where plaintiff alleged that the
defendants marketed lipstick as "safe for use" when it contained dangerous amounts of lead ... is based on a decision earlier this year by the National Advertising Division of the
Council of Better Business Bureaus, Inc. ("NAD") recommending modification of Wrigley's campaign, which is on appeal to the National Advertising Review Board. While ...
22 Mar, 2008 2:00 am
... Galaxy Music BV: (Class 46) Norway EFTA guidance on international exhaustion requested in L'Oreal Norge AS v Smart Club Norge AS: (Class 46) Poland No confusion ...
mark infringement claims pending international arbitration in Russia: Dime Group Int'l, Inc v Soyuz-Victan USA, LLC: (Chicago IP Litigation Blog), Dell - Dell fails
... settlement agreement does not create patent jurisdiction in Strom v Strom Closures, Inc: (Chicago IP Litigation Blog), TiVo - Dish Network asks CAFC to reconsider damages ...
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