Retail & E-Commerce

  • September 21, 2026

    Tribal Immunity Cannot Block TM Challenges, TTAB Rules

    The Trademark Trial and Appeal Board has ruled for the first time that tribal sovereign immunity cannot block challenges to federal trademark registrations, rejecting Sycuan Tribal Development Corp.'s bid to end Philip Morris USA Inc.'s petition to cancel four tobacco marks.

  • September 21, 2026

    Judge Reduces $38.9M Beyond Meat TM Verdict

    A Massachusetts judge slashed a $38.9 million trademark infringement verdict against Beyond Meat Inc. for an advertising campaign that used the slogan "Great Taste, Plant Based" after finding that the trademark owner failed to prove all of its damages.

  • September 21, 2026

    Ga. Property Owner, Insurer Wrap Up Roof Coverage Suit

    A commercial property owner and an insurance company told a Georgia federal judge Monday they had ended their legal battle over coverage for a storm-damaged roof.

  • September 21, 2026

    Regeneron Investors Can't Use FCA Action To Support Suit

    Regeneron Pharmaceuticals Inc. and its executives have beaten a proposed class action accusing them of misleading investors about the company's revenue prospects for its vision loss drug and inflating reimbursements, with a judge ruling that the suit does not use the U.S. Department of Justice's False Claims Act suit against the company to plead share losses.

  • September 21, 2026

    US, China Officials Discuss Trade Ahead Of Trump, Xi Meeting

    U.S. and Chinese officials held talks in New York to discuss trade matters ahead of President Donald Trump and Chinese President Xi Jinping's meeting this week, the Chinese Ministry of Commerce said.

  • September 21, 2026

    Ohio Justices Nix Data Center Voter Poll Over Citizen Suits

    The Ohio Supreme Court has rejected a proposed ballot question that would change the zoning code in Wilmington, Ohio, and expand residents' lawsuit powers to enforce standards for data center developments, in a decision following a proposed $4 billion Amazon Web Services project in the area.

  • September 21, 2026

    Target Says It Had No Duty To Investigate Formula For Taint

    Target Corp. is again urging a Washington federal court to throw out a couple's claims that it sold tainted baby formula that gave their child infant botulism, saying it's protected by state law and had no duty to independently investigate its suppliers.

  • September 21, 2026

    German Paper Co. To Pay $275M Duties, But No Import Block

    A German paper manufacturer must pay an antidumping duty bill that has stretched to over $275 million due to interest, the U.S. Court of International Trade ordered, though it refused to block the company's imports until the money is actually paid.

  • September 21, 2026

    Malaysia, Indonesia Dumping Fatty Acids, Commerce Finds

    The U.S. Department of Commerce found that certain fatty acids imported from Malaysia and Indonesia have been sold at less than fair value, according to notices published Monday. 

  • September 21, 2026

    2nd Circ. Gives Ex-LVMH Atty A New Shot At Retaliation Case

    The Second Circuit on Monday reinstated retaliation claims brought by a former LVMH attorney who alleged that the French luxury brand fired her for reporting sexual misconduct, concluding that her refusal to engage in settlement discussions could constitute legally protected activity.

  • September 21, 2026

    Chinese Brake Drums Developed To Dodge Duties, US Says

    A type of brake drum imported from China was developed in order to wrongfully evade duty orders on such products from the country, the U.S. Department of Commerce preliminarily determined Monday.

  • September 21, 2026

    Cambodian Clothes Hangers Dodging China, Vietnam Duties

    Steel wire hangers completed in Cambodia using components from China and Vietnam and then exported to the U.S. are evading duties on the products from those two countries, the U.S. Department of Commerce found Monday.

  • September 21, 2026

    Adidas Sues Tween Retailer White Fox Over Trademarks

    Adidas Australia has filed an intellectual property suit over trademarks against fast fashion teen clothing retailer White Fox Boutique in the Federal Court of Australia. 

  • September 18, 2026

    Gerber Can't Trim Antitrust Claims Over Perrigo Factory Sale

    A New York federal court on Friday rejected Gerber's bid to trim a baby-formula packager's antitrust lawsuit against the Nestle-owned company, finding that the packager sufficiently alleged Gerber recently sold its infant-formula factory to Perrigo to entrench Perrigo's market power "at the expense of potential competitors."

  • September 18, 2026

    Nature's Way 'Zero Sugar' Gummies Contain Sugar, Suit Says

    Supplement maker Nature's Way Products falsely labeled certain women's multivitamins as "Sugar Free" and "Zero Sugar," but in reality the product contained several grams of a carbohydrate which is identified as sugar under federal and California labeling laws, according to a proposed class action.

  • September 18, 2026

    Keeping Google Ad Tech Biz Intact 'Not A Close Call'

    The Justice Department Antitrust Division and Federal Trade Commission are now 0-3 in their efforts to break up major technology companies, and with monopolization trials still ahead against Amazon.com and Apple, observers say a Virginia federal judge's newly unsealed ruling underscores the legal and practical difficulties of those efforts.

  • September 18, 2026

    AI 'Brainrot' Fight Tests Copyright, TM Reach Of Viral Memes

    A bat-wielding wooden drum named Tung Tung Sahur is raising questions Mickey Mouse, Godzilla and James Bond never posed: Can a "brainrot" character created using artificial intelligence be protected by copyright, and can it later function as a trademark if it went viral before anyone used it as a brand?

  • September 18, 2026

    McGraw-Hill Can't Exit Authors' Textbook Royalty Suit

    A Manhattan federal judge has refused to grant publisher McGraw-Hill a win in litigation brought by textbook authors over book royalties, ruling that a reasonable jury could conclude there was a breach of a section of their publishing agreements.

  • September 18, 2026

    Hertz Brass Hit With Derivative Suit Over Liquidity Woes

    Executives and directors of car rental company Hertz Global Holdings Inc. were hit with a shareholder's derivative suit accusing them of making misleading statements about the company's financial position and vehicle-depreciation metrics ahead of a raise of capital announced earlier this year.

  • September 18, 2026

    FTC's Meador Touts Right-To-Repair Progress After Deere Case

    Federal Trade Commissioner Mark Meador has hailed the commission's "progress" in right-to-repair enforcement during recent remarks before the National Farmers Union, touting the agency's July settlement in its case against John Deere.

  • September 18, 2026

    Frozen Potato Makers Must Face Bulk Of Price-Fixing Case

    The four companies controlling roughly 98% of the frozen potato product market must face consumers' accusations that they shared competitively sensitive information and coordinated other efforts to carry out an illegal price-fixing scheme, an Illinois federal judge has ruled.

  • September 18, 2026

    Nike Drops Fitness Mirror Patent Case Against Lululemon

    Nike has agreed to drop its suit alleging Lululemon's smart fitness mirror infringed six patents, a move that follows Patent Trial and Appeal Board rulings that invalidated claims across the patents.

  • September 18, 2026

    Transpo Tracker: Amazon Crash Suits, Md. Bridge Claims Trimmed

    In our latest Law360 Transportation Tracker, a deadly runway crash of an Amazon cargo plane has sparked a series of negligence and wrongful death lawsuits, while California scored two injunctions blocking the Trump administration's efforts to wipe out the state's Clean Air Act waivers. 

  • September 18, 2026

    Mall, Gift Card Cos. Can Get Fees In Payment IP Suit

    Shopping mall owner Simon Property Group and gift card company Blackhawk Network are entitled to fees from a patent-holding company after that company pursued an unreasonable infringement case over a card payment patent, a Texas federal magistrate judge has found.

  • September 18, 2026

    Pickleball Paddle-Maker Settles Most Patent Suits With Rivals

    Pickleball paddle-maker Joola said it had resolved most of the nearly dozen patent infringement lawsuits it filed against its rivals, announcing it had most recently reached a settlement with Friday Labs LLC.

Expert Analysis

  • Opinion

    Shareholder Derivative Litigation Needs A Better Framework

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    Uncoordinated, multiforum shareholder derivative litigation is a growing issue for corporate defendants that have little to no recourse for organizing and consolidating actions, but several commonsense steps should be utilized to preempt such disputes, say attorneys at Sullivan & Cromwell.

  • Shopify Settlement Clouds Open-Source Copyright Limits

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    Shopify's confidential copyright settlement with Shopline, which agreed to stop distributing a disputed storefront theme, raises questions about how far copyright law can protect open-source software without undermining the collaboration that drives development, says Lindsey Sasson at Hach Rose.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • What Durnell Ruling Means For Mo. Roundup Settlement

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    While the U.S. Supreme Court’s recent ruling in Monsanto v. Durnell forecloses the failure-to-warn theory that carried most of the claims against Monsanto in a pending class action in Missouri state court, it leaves untouched the question of whether the class was assembled merely to contain the defendant's liability, says attorney Gregg Goldfarb.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several noteworthy financial services developments to California, including activity around a commercial finance oversight bill, the former Consumer Financial Protection Bureau head's appointment to lead a new consumer agency, and a ruling reinforcing viable bank-fintech partnerships, say attorneys at Manatt.

  • What Ex-CFPB Head's Calif. Role May Foretell For Oversight

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    California Gov. Gavin Newsom's selection of former Consumer Financial Protection Bureau Director Rohit Chopra to lead a new consumer agency signals tougher state financial services oversight, especially for fintechs, as well as heightened enforcement activity and larger penalties, say attorneys at WilmerHale.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • Leveraging AI In MDL Discovery And Case Management

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    Generative and agentic artificial intelligence tools can help teams organize and digest the vast volume of documents inherent to multidistrict litigation, but workflows must be designed to maximize the tools' strengths and maintain human control of key operational and ethical factors, say attorneys at Crowell & Moring.

  • DOJ China Container Indictments Signal Global Cartel Risk

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    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • Lessons For Cos. From Nixed Apple Watch Greenwashing Suit

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    A California federal court's recent decision in Dib v. Apple, a putative class action challenging carbon-neutral marketing statements made about the Apple Watch, provides meaningful guidance on how such claims may be defeated at the pleading stage, especially where they hinge on third-party verification, say attorneys at Mintz.

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