Retail & E-Commerce

  • January 12, 2026

    US Backs Tarnishment Provision Constitutionality At 9th Circ.

    Jack Daniel's has urged the Ninth Circuit to affirm a district court's ruling that a company's poop-themed "Bad Spaniels" dog toy tarnished the whiskey maker's trademark, while the federal government separately opposed the toy maker's contention that the Lanham Act's tarnishment provision violates the First Amendment.

  • January 12, 2026

    Attorneys Chastened By Fed. Circ.'s ITC Mixed Deadline Ruling

    A Federal Circuit decision concluding that certain mixed rulings from the U.S. International Trade Commission can generate different appeal deadlines, even when issued in the same document, is a reminder of just how strict courts can be when handling unclear appeal due dates, attorneys told Law360.

  • January 12, 2026

    Gamestop's 'Buy Online' Option Is Deceiving, Shopper Says

    Gamestop has been hit with a proposed false advertising class action in California federal court over an alleged "bait and switch" scheme that doesn't tell customers who pay for digital video games that they are only purchasing a limited license that may not be available to them in the future.

  • January 12, 2026

    Fed. Circ. Preserves Google, Keysight, Instacart Patent Wins

    The Federal Circuit on Monday summarily affirmed decisions from three patent appeals that panels heard at the end of last week, shooting down bids from WSOU Investments LLC, Centripetal Networks LLC and Consumeron LLC.

  • January 12, 2026

    Scented Products TM Row Ends In Trial Lunchtime Settlement

    Luxury scented products company Aroma360 LLC agreed Monday to settle its trademark infringement claims against competitor Scentiment LLC, in a deal negotiated right after the parties finished presenting their opening statements to a jury.

  • January 12, 2026

    Trump Says 25% Tariff Incoming For Iranian Biz Dealings

    Any country with economic ties to Iran could face a 25% tariff immediately on their goods exported to the U.S., President Donald Trump said Monday on social media.

  • January 12, 2026

    TTAB Cancels 'Reefer Madness' TM Over Prior Apparel Sales

    The Trademark Trial and Appeal Board has canceled a Colorado cannabis company's "Reefer Madness" registration for use on mugs and apparel, after a challenge from a business that argued it had priority over the mark for merchandise sales following a musical theater production of the same name.

  • January 12, 2026

    FCC Scraps Verizon's 60-Day Phone Unlocking Mandate

    The Federal Communications Commission on Monday waived a rule stemming from Verizon's takeover of discount provider TracFone that forced the company to open its cellphones to other carriers after 60 days.

  • January 12, 2026

    Local Governments Ask Texas Judge To Keep NFA Intact

    Two U.S. cities and a Texas county asked a federal judge to knock down a bid by gun rights groups to repeal the National Firearms Act, saying that without the law, criminals would have greater access to especially dangerous weapons, such as short-barreled rifles.

  • January 12, 2026

    Equipment Rental Cos. Ask To Toss Pricing Software Claims

    Construction equipment rental companies including United Rentals, Herc, The Home Depot and others have told an Illinois federal court the benchmarking service they use provides a wide range of prices and doesn't help them fix rental rates.

  • January 12, 2026

    Apple Hit With False Ad Suit Over Digital Content Sales

    Apple customers have sued the company in California state court, alleging it deceptively "sells" popular Apple TV programs and films without informing them that the limited digital license to any of the content could be terminated at any time. 

  • January 12, 2026

    Wilson Sports Co., Worker End Paternity Leave Firing Suit

    A Minnesota federal court tossed a suit Monday from a former Wilson Sporting Goods Co. employee who alleged the company fired him for taking parental leave in violation of the Family and Medical Leave Act, with the dismissal coming after the parties disclosed a settlement earlier this month.

  • January 12, 2026

    Ad Tech Rivals Say 'Unique Harms' Make Complaints Separate

    Google's advertising placement technology competitors have told a New York federal judge their half-dozen complaints should remain separate, arguing that letting the search giant tee up a consolidation motion would hamper, rather than streamline, their antitrust claims, which followed the U.S. Department of Justice's successful litigation against the company.

  • January 12, 2026

    Joint Cannabis Firms Settle Antitrust, 'Gun Jumping' Claims

    Four Connecticut cannabis companies and their principals have agreed to pay $416,000 to settle claims that they violated state marijuana, antitrust and unfair trade practices laws by skipping a mandatory merger review process, the attorney general's office said Monday.

  • January 12, 2026

    Judge Won't Reconsider Pot Club Owners' Injunction Bid

    A New York federal judge won't reconsider his decision to deny a motion for a preliminary injunction brought by the owners of an unlicensed cannabis club, saying they haven't overcome the fact that they don't have standing to block the state from enforcing its cannabis laws.

  • January 12, 2026

    Steel Rebar From Algeria, Egypt, Vietnam Faces Early Duties

    The U.S. Department of Commerce announced Monday that imported steel concrete reinforcing bar from Algeria, Egypt and Vietnam will face preliminary countervailing duties at various rates after the government determined in investigations those goods were subsidized.

  • January 12, 2026

    Cayuga Nation, Cig. Sellers, Vie For Post-Verdict Wins

    The Cayuga Nation and a pair of entrepreneurs are each urging a New York federal court to modify or vacate a jury verdict that found the pair liable for racketeering in relation to an unsanctioned smoke shop on tribal land, with the tribe arguing the damages should be higher, while the couple argue the tribe should take nothing.

  • January 12, 2026

    Justices Won't Hear Challenge To Foreign Word TM Rule

    The U.S. Supreme Court on Monday denied a trademark appeal from an apparel company seeking to register "Vetements," the French word for "clothes," in a case that challenged a long-standing doctrine used to determine whether a foreign word can qualify as a mark.

  • January 09, 2026

    Wash. AG Aims To Weigh In On Constitutionality Of Email Law

    Washington state's attorney general intends to weigh in on a proposed class action accusing apparel maker Hanesbrands Inc. of flooding consumers' inboxes with misleading marketing emails, responding to Hanes' argument that the state's Commercial Electronic Mail Act is unconstitutional.

  • January 09, 2026

    Calif. Woman's Bid For Cannabis License Too Rushed, RI Says

    Rhode Island has objected to the "rushed approach" a California entrepreneur has taken in her effort to nullify the residency requirement in the state's cannabis licensing system, telling a federal court it should first learn if the businesswoman would "otherwise qualify" for a license but for her out-of-state status.

  • January 09, 2026

    Furniture Store Employees Get 1st OK For Data Breach Deal

    A North Carolina federal judge has granted preliminary approval in a class action settlement to a former employee of a new and used office furniture company in a data breach lawsuit that's just over a year old.

  • January 09, 2026

    Squires Sets Precedent, Guidance On Discretionary Denials

    U.S. Patent and Trademark Office Director John Squires on Friday designated four decisions on discretionary denials at the Patent Trial and Appeal Board precedential and another nine informative.

  • January 09, 2026

    DOL Praises Resolution Of Home Depot 401(k) Battle

    The U.S. Department of Labor on Friday lauded the withdrawal of a petition for high court review from Home Depot employees who alleged their 401(k) plan was mismanaged, saying the end of the case shows the department's commitment to getting rid of "regulation by litigation."

  • January 09, 2026

    Colo. Judge Nixes Lender Claims Against Brewer, Bottling Co.

    A Colorado federal judge has handed an early win to a Hawaiian brewery and water bottling company accused by a lender of interfering with a court-ordered receivership and causing a shutdown order that halted bottling operations, finding the lender did not show personal jurisdiction in Colorado.

  • January 09, 2026

    Water Co. Investor Pulls Merger Suit Alleging $2B Loss

    A Primo Brands Corp. stockholder has dropped a 3-month-old securities lawsuit accusing company officials of wiping out $2 billion in shareholder value over two days last November by hiding issues during a merger with fellow water seller BlueTriton Brands Inc.

Expert Analysis

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    NY Banking Brief: All The Notable Legal Updates In Q2

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    In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.

  • State, Fed Junk Fee Enforcement Shows No Signs Of Slowing

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    The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • What Expanding Merchant Code Regs Mean For Processors

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    Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.

  • Forensic Challenges In Lithium-Ion Battery Fire Cases

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    Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Latest Influencer Marketing Class Actions Pinpoint 5 Themes

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    Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 4 Consumer Class Action Trends To Watch In 2nd Half Of 2025

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    The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Fed. Circ. In May: Evaluating Opportunistic Trademark Filings

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    The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.

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