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Retail & E-Commerce
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November 24, 2025
Beyond Meat Hit With $38.9M Verdict In Ad Slogan TM Suit
A Massachusetts federal jury hit Beyond Meat Inc. with a $38.9 million verdict Monday, finding the meat-alternative food maker's use of the slogan "Great Taste, Plant-Based" in joint Dunkin' Donuts ads willfully infringes a trademark registered by rival Vegadelphia Foods, according to counsel.
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November 24, 2025
Rite Aid's Ch. 11 Plan Advances Over US Trustee Objection
A New Jersey bankruptcy judge said he would confirm the Chapter 11 plan of drug store chain Rite Aid after overruling the U.S. Trustee's objection to the opt-out mechanism for obtaining creditor support for third-party releases.
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November 24, 2025
Anti-Disinformation Nonprofit Latest To Buck FTC Subpoena
The Federal Trade Commission has revealed another challenger that is contesting its subpoenas looking for potential group boycotts of advertising on disfavored platforms.
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November 24, 2025
Chancery Delays Settlement Ruling In Peloton Risk Suit
Saying she wants to "get it right," Delaware's chancellor indicated on Monday she would rule before year's end on the Court of Chancery's part in a proposed multicourt settlement of derivative claims accusing Peloton's top officials of cashing in on inside information about an impending treadmill recall.
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November 24, 2025
Inventor Takes Fight Over $214K Sanctions To High Court
The inventor listed on a patent covering a type of marking tape has asked the U.S. Supreme Court to undo a $214,000 sanctions order from a lower court, saying the Federal Circuit erred in upholding the fine based on a finding that he had concealed that he had relinquished standing to sue.
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November 24, 2025
Hi-Tech Pharma CEO Beats Most Of Feds' Fraud Case
A Georgia federal jury acquitted Hi-Tech Pharmaceuticals' chief executive on the bulk of the conspiracy, fraud and money laundering charges leveled against him, rejecting allegations that he cheated his customers by drawing up bogus quality certificates.
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November 24, 2025
Israeli Co. Can't Expand Contract Breach Suit Over $25M Deal
An Israeli smart packaging company can't enlarge a North Carolina Business Court contract breach suit, a judge ruled Monday, saying the amendment would "wholly transform" the case and prejudice defendant Sealed Air Corp.
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November 24, 2025
Guam Bill Would Create Amnesty Program For Overdue Taxes
Guam would establish an amnesty program to provide for the waiver of penalties and interest on delinquent corporate and individual income taxes, property taxes and other outstanding tax liabilities under a bill introduced in its unicameral Legislature.
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November 24, 2025
8th Circ. Won't Force Judge's Recusal In Pork Price-Fixing Case
The Eighth Circuit has denied a mandamus petition from Agri Stats Inc. and major pork producers who are seeking a Minnesota federal judge's recusal in price-fixing litigation based on a law clerk's previous work on a related case.
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November 24, 2025
Pot Club's Owners Wrong Parties To Block NYC Enforcement
A New York federal judge has shot down a bid to block enforcement of state and local New York cannabis laws, saying a couple who own a group of cannabis clubs are the wrong plaintiffs to seek such an order.
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November 24, 2025
American Signature Furniture Hits Ch. 11 With Sale Plan
Home furnishing retailer American Signature Furniture filed for Chapter 11 protection in Delaware on Saturday with a plan to close 33 of its stores and sell the remainder of its business to affiliates of its current owners.
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November 24, 2025
Justices Skip Appeal Challenging Denial Of Color TM
The U.S. Supreme Court on Monday declined an appeal from a medical supply company challenging a Federal Circuit ruling that rejected its bid to register a color trademark for dark green surgical gloves.
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November 21, 2025
Garmin Systems Triggered 2022 Wash. Plane Crash, Suit Says
The families of four people who died when a 2022 Cessna test flight crashed in Washington are blaming Garmin, alleging in a lawsuit the GPS giant designed faulty aircraft systems that wrestled control from the pilot and led to the plane's right wing falling off midair.
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November 21, 2025
Honda Must Face Lawsuit Over Alleged Brake Defects
A California federal judge on Thursday preserved some claims from a proposed class action alleging that the automatic emergency braking system in some Honda Motor Co. models is unsafe, finding that drivers who leased a vehicle didn't have full access to the manual.
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November 21, 2025
Amazon Secures 1st Deal In Suit Targeting 'Refund Abuse'
Amazon will be off-limits for five years to an accused fraudster who allegedly took advantage of a "refund abuse" scam that manipulated the company's return process to allow him to receive refunds for products without actually returning the goods, according to a settlement agreement approved Friday by a Seattle federal judge.
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November 21, 2025
IP Notebook: Kahwa Mix-Up, WallStreetBets, Hotel California
This round of Law360's look at emerging copyright and trademark issues includes a Federal Circuit case over an obscure tea drink and a nod to the Eagles' "Hotel California" in a precedential decision that is a primer on having an actual intent to use a trademark.
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November 21, 2025
Cannabis Co. Drops Rival From Trade Secrets Suit
New Jersey cannabis products maker Kushi Labs LLC will continue its federal lawsuit against ex-employees it claims stole confidential trade secrets, but it has agreed to drop claims against the rival manufacturer for which the workers left Kushi.
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November 21, 2025
Squires Issues 57 More PTAB Denials, Broken Out By Type
U.S. Patent and Trademark Office Director John Squires has rejected another 57 petitions challenging patents under the America Invents Act and for the first time differentiated between those denied for discretionary reasons and those denied on the merits.
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November 21, 2025
MGA Can Take IP Fight Over Dolls To 9th Circ. Before Retrial
A California federal judge on Thursday allowed toy giant MGA Entertainment Inc. to ask the Ninth Circuit if a judge or jury should consider whether hip hop moguls Clifford and Tameka Harris are entitled to punitive damages in long-running litigation over the alleged use of their intellectual property in an MGA line of dolls.Â
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November 21, 2025
Apple Buyers Defend Smartphone, Watch Monopoly Case
Groups of buyers accusing Apple of monopolizing smartphone and smartwatch markets told a New Jersey federal court the multidistrict litigation concerns the same allegations that recently survived dismissal in a government action.
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November 21, 2025
E-Cig Companies, NYC Agree On $1K Fines For Flavored Vapes
New York City has settled claims with two e-cigarette wholesalers that have agreed to stop pushing flavored vapes within the five boroughs and to pay $1,000 fines for future violations, while litigation continues against other companies that are accused of flooding the market with illegal products.
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November 21, 2025
Google Ad Tech Judge 'Concerned' By DOJ's Breakup Timing
A Virginia federal judge expressed concern during oral arguments Friday that breaking up Google's advertising placement technology business could take too long to help the market in the face of the company's anticipated appeal of the monopolization ruling won by the U.S. Department of Justice.
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November 21, 2025
3rd Circ. Panel Will Rethink Solar Panels Fraud Suit Dismissal
The Third Circuit granted a panel rehearing Friday for an elderly New Jersey woman who accused two solar panel financiers of saddling her with a nearly $100,000 debt after she was tricked into getting rooftop solar panels she believed would be free.
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November 21, 2025
Nike Worker Blows Whistle On Alleged Wash. Wage Violations
A Pacific Northwest retail worker is calling foul on Nike for allegedly denying employees rest and meal breaks, sick leave, overtime pay and other wages owed, according to a new lawsuit in Washington state court.
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November 21, 2025
Nicklaus' Golf Cos. File Ch. 11 With $500M+ Liabilities
Nicklaus Companies LLC, the sporting gear and golf course design company founded by legend Jack Nicklaus, and 11 affiliates filed for bankruptcy in Delaware on Friday, as it disputes a $50 million jury award in favor of the 85-year-old retired golfer in his defamation suit against the company.
Expert Analysis
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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USPTO's AI Tool Redefines Design Patent Landscape
The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.