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When a Complaint Involves More than 100 Plaintiffs Whose Claims Arise Out of a Common Set of Facts, a Court Will Analyze the Language and Structure to Determine Whether Plaintiffs Proposed a Joint Trial
9 Jun 2017, 3:00 am by cafalawblog@mcglinchey.com (McGlinchey Stafford PLLC)
Corp., 740 F.3d 1160, 1163 (8th Cir. 2013); In re Abbott Labs., Inc., 698 F.3d 568, 572–73 (7th Cir. 2012). [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
FYI on ECJ
5 Jun 2017, 1:01 pm by Ad Law Defense
Am., Inc. [read post]
Ad Defense Law - http://adlawdefense.com/
FYI on ECJ
5 Jun 2017, 1:01 pm by Ad Law Defense
Am., Inc. [read post]
Ad Defense Law - http://adlawdefense.com/
Trademark clarity where it’s manufacturer versus distributor
1 May 2017, 3:41 am by Ron Coleman
Hybrids, Inc. v. [read post]
Likelihood of Confusion - http://www.likelihoodofconfusion.com
Marketing method and display are functional, nondistinctive trade dress
22 Mar 2017, 4:58 am by Rebecca Tushnet
Inc., No. [read post]
43(B)log - http://tushnet.blogspot.com/
older case about materiality v. consumer skepticism: a question of fact
1 Feb 2017, 6:35 am by Rebecca Tushnet
Duraflame, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
No Man’s Sky: Legal Risks of Raised Expectations in Video Game Marketing
16 Nov 2016, 2:44 pm by Washington Journal of Law, Technology & Arts
Whether a game is multiplayer is precisely the kind of claim that a gamer might rely on when deciding whether to buy it. [read post]
Law, Technology & Arts Blog - http://wjlta.wordpress.com/
Humane Society says egg carton artwork is false advertising
14 Oct 2016, 10:01 pm by News Desk
“Contrary to the messaging conveyed on the packaging, these birds never feel sunlight nor touch a blade of grass. [read post]
Food Safety News - http://www.foodsafetynews.com/
Proving a Negative
1 Oct 2016, 6:04 pm by Ad Law Defense
Pharm., Inc., 107 Cal. [read post]
Ad Defense Law - http://adlawdefense.com/
In Ebner v. Fresh, Inc., the Ninth Circuit affirms dismissal of a putative consumer class action
27 Sep 2016, 4:00 pm by H. Scott Leviant
Fresh, Inc. [read post]
the complex litigator - http://thecomplexlitigator.com/post-data/
Taking advantage of known consumer ignorance is deliberately false, 2d Circuit rules
12 Sep 2016, 12:33 pm by Rebecca Tushnet
SPD Swiss Precision Diagnostics, GMBH, No. 15-2411, 2016 WL 4708179, -- F.3d. [read post]
43(B)log - http://tushnet.blogspot.com/
Garlock prevails at the CAFC in Smith case, 2015-1758. WD Missouri reversed.
23 Aug 2016, 10:34 am by Lawrence B. Ebert
Packaging Corp., 421 F.3d1290, 1297 (Fed. [read post]
IPBiz - http://ipbiz.blogspot.com/
Amicus curiae briefs in Samsung v. Apple (design patent damages): all the documents and the key points
12 Jun 2016, 2:43 pm by Florian Mueller
In other words, an identical act of infringement would yield two different damages awards simply because the infringers packaged their products in different units. [read post]
FOSS Patents - http://www.fosspatents.com
Preemption: Oregon Has Not Gone Bananas
29 Apr 2016, 8:56 am
Tropicana Products Inc., No. 09-cv-6130 (C.D. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
[Eugene Volokh] Sanders campaign law firm demands that critic stop selling ‘Bernie is my comrade’ T-shirts
18 Apr 2016, 1:28 pm by Eugene Volokh
Skippy Inc., 214 F.3d 456, 462-463 (4th Cir. 2000); L.L. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The Internet of Things: Interoperability, Industry Standards & Related IP Licensing Approaches (Part 2)
14 Apr 2016, 7:45 am by Stephanie Lynn Sharron and Nikita A. Tuckett
While the policy imposes obligations on members as well as their affiliates to grant licenses under copyrights and patents, the scope and cost of those licenses will depend on a number of specifics that will vary depending on the precise contours of the final specifications. [read post]
Socially Aware Blog - http://www.sociallyawareblog.com/
Ninth Circuit Upholds Rejection of Lip Balm Class
23 Mar 2016, 10:52 am by Sean Wajert
FRESH, INC., No. [read post]
Mass Tort Defense - http://www.masstortdefense.com/
[Eugene Volokh] New Jersey court: Distributing vulgar flyer about coworker and wife not criminal ‘harassment’
18 Mar 2016, 10:45 am by Eugene Volokh
Right to Life, Inc., 551 U.S. 449, 468 (2007) (lead opinion) (citation omitted); id. at 495 (Scalia, J., concurring in part and concurring in the judgment) (likewise rejecting a test based on speaker motivation). [read post]
The Volokh Conspiracy - http://www.volokh.com/
Ebner v. Fresh, Inc. (9th Cir. - March 17, 2016)
17 Mar 2016, 11:21 am
 'Cause I think I'd be precisely such a consumer. [read post]
California Appellate Report - http://calapp.blogspot.com/
Heinz prevails in ketchup patent battle
20 Feb 2016, 1:46 pm by Lawrence B. Ebert
”Hockerson-Halberstadt, Inc. v. [read post]
IPBiz - http://ipbiz.blogspot.com/