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Retail & E-Commerce
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October 24, 2025
WordPress TM Suit Accuses Web Host Of Sowing 'Confusion'
WordPress parent Automattic has lodged trademark infringement counterclaims against WP Engine in litigation first launched by the website hosting company against Automattic and its founder, saying WP Engine has "masqueraded" as a company that develops and administers WordPress' open source publishing platform.
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October 24, 2025
FCC Knocked For Weakening Broadband Nutrition Labels
The Federal Communications Commission should be more concerned with ensuring that consumers can find the agency-mandated nutrition-style broadband labels meant to inform them about prices and fees than it is with stripping away the labels' various requirements, says a left-leaning think tank.
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October 24, 2025
Curaleaf Urges Block On NJ Pot Shop Union Rule
Curaleaf asked a New Jersey federal judge Friday to block state cannabis industry regulators from making cannabis retailers sign labor peace agreements with unions, saying the requirement treads on the retailers' rights under the National Labor Relations Act.
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October 24, 2025
11th Circ. Revives Edible Arrangements TM Suit
The Eleventh Circuit reinstated a trademark infringement case brought by Edible Arrangements against 1-800-Flowers on Friday, saying a lower court had improperly granted the latter company a win by finding that its competing conduct was a continuation of practices it had begun before a 2016 settlement agreement between the two parties.
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October 24, 2025
Levi Strauss Sues Rival 7 For All Mankind Over Pocket Tab TM
Levi Strauss has sued rival apparel giant Seven For All Mankind and its parent company Delta Galil USA in California federal court for alleged trademark infringement for copying a small, distinct "tab" design sewn into back pockets of denim jeans and other apparel.
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October 24, 2025
Buyer Sues Target, Says Heated Blanket Burned Her
A Washington woman is suing Target Corp. and Berkshire Blanket & Home Co. Inc. in federal court, alleging she suffered severe burns to her toes when a heated blanket she bought overheated.
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October 24, 2025
Pot Nonprofit Defends Timeliness Of Discrimination Claim
A Black entrepreneur who was denied a marijuana license eight years ago should be allowed to pursue his discrimination lawsuit against the Washington State Liquor and Cannabis Board, the businessman told a federal court this week, saying he just recently caught wind of the favorable treatment the board gave white-owned businesses over minority-owned ones.
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October 24, 2025
GNC Franchisee Cos. Largely Lose Bid To Toss Award Order
An international court judge has largely denied efforts by GNC franchisee businesses in Singapore and the Philippines to set aside an order enforcing arbitral awards totaling about $45 million that also enforced a contractual obligation to assign their 54 stores in Singapore to the health and wellness company.
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October 24, 2025
USTR To Probe China's Adherence To 2020 Trade Deal
The Office of the U.S. Trade Representative opened an investigation Friday into China's adherence to a 2020 trade deal after determining there has been an "apparent failure to comply" with its terms, an accusation disputed by a Chinese government representative who spoke with Law360.
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October 24, 2025
'Rehashed' Arg Sinks Wholesaler Bid To Revive Antitrust Suit
A California federal judge refused Thursday to rethink permanently dismissing a retail wholesaler's antitrust lawsuit against a rival, reiterating that customers could easily end allegedly exclusive arrangements, and declined to consider an asserted change in Ninth Circuit law because that change was raised without observing government shutdown procedures.
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October 24, 2025
Generic-Drug Makers Want Conn. Price Cap Blocked During Suit
A trade group for generic and biosimilar drugmakers is asking a Connecticut federal judge to block the state's new drug price cap during the pendency of its challenge, saying it illegally controls prices on sales made outside the state.
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October 24, 2025
Trump Ends Canada Trade Talks Over Ontario's Reagan Ad
President Donald Trump said he ended trade negotiations with Canada because of an advertisement by Ontario's provincial government featuring critical remarks about tariffs by President Ronald Reagan.
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October 24, 2025
Amazon Stole Delivery Driver Restroom Routing IP, Suit Says
Amazon.com Inc. was accused of stealing another company's technology that can route delivery drivers to nearby restrooms, after entering a nondisclosure agreement during discussions of the product.
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October 24, 2025
Conn. High Court Snapshot: Discipline Powers Top Docket
When the Connecticut Supreme Court reconvenes Monday, it will consider two appeals with ramifications for the way attorneys are disciplined in the state and take up a wage case against Amazon that it previously punted due to a lawyer's family emergency.
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October 24, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Financial Conduct Authority launch legal action against a Chinese cryptocurrency exchange, The Londoner magazine face a defamation claim from an entrepreneur accused of "scamming" Knightsbridge landlords, and Gucci sued by its cosmetics supplier as L'Oréal announces plans to buy the Italian fashion house's beauty brand. Here, Law360 looks at these and other new claims in the U.K.
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October 23, 2025
'Civility' A Concern As IP Atty Asks To Depose Party Suing Her
A Florida federal magistrate judge overseeing discovery in a patent licensing company executive's defamation suit against a Baker Botts LLP intellectual property litigator told the parties Thursday that she's inclined to appoint a special master to oversee depositions in the case to ensure "the appropriate decorum and civility."
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October 23, 2025
Retailer To Pay $4.8M To End AGs' Membership Fee Claims
An online retailer has reached a $4.8 million deal ending a multistate consumer protection probe asserting the company deceptively enrolled customers in paid membership programs, charged them high monthly fees, then tried to keep them from canceling their memberships.
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October 23, 2025
Adidas Hid Ye's Hate Speech From Investors, 9th Circ. Told
Adidas investors urged the Ninth Circuit on Thursday to revive allegations that the sportswear giant failed to disclose the risks of relying on the rapper Ye for a multibillion-dollar fashion partnership, arguing that executives hid evidence of his "raging" antisemitism, like his proposal for a swastika shoe design.
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October 23, 2025
Split DC Circ. Won't Lift Block On FTC's Media Matters Probe
A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.
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October 23, 2025
Google Rips $425M Privacy Verdict As Users Seek $2.4B More
A class of some 98 million cellphone users who won a $425 million jury verdict finding that Google unlawfully collected their information asked a California federal judge to make the tech giant disgorge another $2.36 billion, while Google asked the court to dismantle the class and vacate the verdict.
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October 23, 2025
Walgreens Urges Pretrial Win In Shelf Space Fight
Electronics accessories manufacturer Zeikos Inc. should not be allowed to take its product placement contract suit against Walgreens to trial because it's clear Zeikos misinterpreted sales data that spurred an agreement the company itself never fully satisfied, the pharmacy retailer argued Wednesday.
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October 23, 2025
Triumph Tries Again To Dump Pork Price-Fixing Claims
Triumph Foods urged a Minnesota federal court to reconsider throwing out claims against it concerning alleged price-fixing in the pork industry, saying it shouldn't be held responsible for the alleged actions of hog farmers and the company that sells the pork it processes.
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October 23, 2025
Ga. Justices Question 'Tesla Carveout' In Direct Car Sales Ban
Georgia's Supreme Court justices appeared to harbor reservations Thursday about the viability of a state ban on car manufacturers engaging in direct-to-consumer sales, thanks in part to a "Tesla carveout" that allowed the leading electric vehicle maker to continue operating its own dealerships.
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October 23, 2025
Telehealth Ketamine Provider Hit With Wrongful Death Suit
Online ketamine therapy provider Mindbloom was hit with a wrongful death suit in North Carolina state court by the father of a 27-year-old man who says his medical history should have disqualified him from receiving the allegedly dangerous anesthetic.
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October 23, 2025
Tech Org. Calls Next-Gen TV Tuner Mandate Bad Idea
As the Federal Communications Commission solicits opinions on how to usher the industry into the next generation of television broadcasting, a consumer technology trade group is reiterating its argument that the agency should not rush the process and let companies do what they will.
Expert Analysis
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Franchise Group Dispute Reflects Rising Intercreditor Suits
A recent complaint filed by senior creditors against junior creditors in the Franchise Group bankruptcy could embolden lenders to take preemptive action against one another in bankruptcy proceedings, and could affect the way secured lenders draft intercreditor agreements going forward, say attorneys at Choate.
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.