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Retail & E-Commerce
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July 11, 2025
4th Circ. Backs 'GT Racing' Gaming Chair Social Media Block
The Fourth Circuit on Friday upheld a lower court's decision blocking gaming chair company Wudi Industrial from using the trademark "GT Racing" in its social media accessible in European countries for certain goods.
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July 11, 2025
Cannabis Industry Group Praises Hemp Ban In Spending Bill
A cannabis industry trade group has applauded a U.S. Senate committee's adoption of language in a federal appropriations bill that would ban consumable hemp-derived products with THC, while hemp industry stakeholders are seeking to use a one-year delay to amend a policy they say would kill the market.
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July 11, 2025
US Arm Of Dolce & Gabbana Freed From NFT Outfit Suit
The U.S. division of Italian luxury fashion brand Dolce & Gabbana was dismissed on Friday from a proposed investor class action accusing it of abandoning a nonfungible tokens project while retaining more than $25 million of funds, with the court agreeing that it is not liable for the actions of the larger company.
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July 11, 2025
Google Won't Have To Turn Over EU Ad Tech Settlement Docs
A Virginia federal judge refused a request from the U.S. Department of Justice Friday to force Google to hand over submissions it made to European enforcers when trying to settle their investigation as the sides ready for a remedies trial in the ad tech monopolization case.
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July 11, 2025
Compass Says It Will Share Exclusive Listings With Any Brokers
Brokerage firm Compass Inc. announced Friday that it will conditionally share its exclusive homeowners listings with any brokers or multiple listing services.
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July 11, 2025
Mich. Gun Store Seeks Escape From School Shooting Suit
A gun dealer has asked a Michigan state appellate court to dismiss a lawsuit over the sale of a gun used in a deadly school shooting, arguing it can't be held responsible for the buyer giving the gun to his son.
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July 11, 2025
The Biggest TM Rulings Of 2025: A Midyear Report
Justices overturned a trademark award of more than $40 million in a long-running case in which lower courts put a company's affiliates on the hook for the amount, and a pair of precedential decisions from the Federal Circuit provided guidance on whether colors can be protected trade dress. Here is Law360's list of the biggest trademark decisions so far this year.
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July 11, 2025
Stanley Mug Maker Seeks To Dodge Class Suit Over Lid Recall
The Seattle-based company behind the popular Stanley-brand tumbler is urging a Washington federal judge to throw out a proposed class action from consumers who alleged the company's travel mug is defective, criticizing the plaintiffs' counsel for "sprinting to the courthouse" even though the manufacturer offered replacement lids during a voluntary recall.
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July 11, 2025
Conservative Groups Bash Idea Of Next-Gen TV Mandate
The growing battle over potential federal rules to move the U.S. toward next-generation TV continued this week as several right-leaning groups came out swinging against government mandates forcing the switchover.
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July 11, 2025
Walgreens Boots Shareholders Approve $24B Sycamore Deal
Walgreens Boots Alliance said Friday its shareholders have approved a plan for the company to be purchased by private equity firm Sycamore Partners, in a transaction with a total value of up to $23.7 billion.
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July 11, 2025
Dem States Drop Bid To Block Machine Gun Trigger Returns
Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.
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July 11, 2025
Smoke Shop's Default Lifted In Toys R Us Dilution Suit
A Connecticut federal judge on Friday set aside a default entry against a New Haven e-cigarette and cannabis accessories store accused of tarnishing Toys R Us trademarks, mooting a pending motion for judgment after the defendants retained counsel who appeared in the case.
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July 10, 2025
9th Circ. Upholds Converse's Win In Website Chat Wiretap Suit
The Ninth Circuit has refused to revive a proposed class action accusing Converse Inc. of allowing a third-party vendor to intercept website visitors' chats, finding that there was "no evidence" that the sneaker maker had violated the California Invasion of Privacy Act.
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July 10, 2025
Boehringer Wins Another Zantac Cancer Trial In Illinois
Boehringer Ingelheim notched another Zantac cancer trial win in Illinois state court this week, after a jury rejected a prostate cancer patient's claim that his seven-year use of the brand-name heartburn drug played a role in his diagnosis.
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July 10, 2025
Apple Tees Up Bid To End App Store Antitrust Class Action
Apple is preparing to file a summary judgment motion in California federal court seeking to end claims from a class of more than 185 million users in a long-running case accusing it of monopolizing the distribution of apps on its devices.
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July 10, 2025
Uber, Instacart Fight Seattle's Driver Rights Law At 9th Circ.
A Ninth Circuit panel appeared split on Thursday while hearing Uber and Instacart's challenge to a Seattle city ordinance regulating deactivation of app-based worker accounts, with the judges seemingly at odds on whether the law forced commercial speech while still unconvinced of a First Amendment violation.
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July 10, 2025
'Admonition' But No More Amazon Penalty For Hidden Docs
A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.
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July 10, 2025
Apple, Visa And Mastercard Beat Payment Fee Collusion Suit
An Illinois federal judge on Wednesday dismissed several retailers' proposed antitrust class action that accused Apple, Visa and Mastercard of scheming to restrain competition in point-of-sale transaction payment networks, saying the express terms of agreements retailers had claimed were anti-competitive showed otherwise.
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July 10, 2025
Original BBQ Joint Lays Claim To TM In Fight With Franchise
The original location in a North Carolina chain of barbecue restaurants has shot back at a trademark infringement suit brought by the company that runs its sister restaurants, arguing it never lost ownership of the marks after the two entities split ways two decades ago.
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July 10, 2025
Joann's Ch. 11 Wind-Down Plan Confirmed In Del.
The Chapter 11 wind-down plan of former arts and crafts retailer Joann Inc. received approval Thursday in Delaware bankruptcy court without opposition from any party in interest.
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July 10, 2025
Florida Restaurateur Can't Get Shrimp TM, Fed. Circ. Affirms
The Federal Circuit on Thursday refused to revive an author and restaurateur's bid to register a trademark for "Yucatán Shrimp" at his Florida eatery named after his crime novels, backing the U.S. Patent and Trademark Office's finding that the mark would be merely descriptive.
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July 10, 2025
College Apparel Co. Seeks New Trial In Penn State TM Case
A print-on-demand company that was permanently barred from using The Pennsylvania State University's name or logos asked a federal judge for a new trademark infringement trial, saying the verdict form at the first trial was confusing to the jury and the university's evidence had not shown it used the marks illegally.
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July 10, 2025
Calif. Vape Co. Drops Claims Over Allegedly Counterfeit G Pen
California-based GS Holistic LLC has reached a deal with a Michigan smoke shop that will end claims the retailer was selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, according to a notice issued by a federal judge.
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July 10, 2025
Tyson Says $55M Del. Poultry Plants Win Blocks Ga. Damages
Tyson Foods wants to block any claim to damages in a poultry rendering company's antitrust lawsuit, telling a Georgia federal judge Wednesday that a Delaware state court already ruled that it overpaid to buy out the company and asserting that precludes any claims that it forced the firm into an underpriced buyout.
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July 10, 2025
Pa. Sens. Unveil Bipartisan Plan To Legalize Marijuana
Pennsylvania lawmakers on Thursday unveiled a new bipartisan legislative proposal to legalize and regulate the sale of recreational marijuana in the Keystone State, after a previous proposal to legalize the sale of pot through state-run stores failed in the state Senate.
Expert Analysis
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.