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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.
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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.
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November 21, 2025
Ruger's $1.5M Data Breach Deal Heads For Final OK
A proposed class of data breach victims has asked a federal judge to issue final approval of a $1.5 million settlement with Connecticut-based gunmaker Sturm, Ruger & Co. and a New Jersey web developer, along with $500,000 in fees to attorneys with four firms including Siri & Glimstad LLP.
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November 21, 2025
Atty Had 6 AI Tools Check Each Other, Yet Fakes Still Cited
A California federal judge has sanctioned a solo practitioner representing the plaintiffs in a proposed wage and hour class action against clothing brand Vuori Inc. after he admitted to using about a half-dozen artificial intelligence tools to prepare a motion.
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November 21, 2025
Trump Excludes Some Brazilian Foods From Higher Tariffs
President Donald Trump has excluded many Brazilian food products from a 40% tariff, including coffee, cocoa, beef and fruits, after receiving word initial progress has been made in ongoing trade negotiations, according to an executive order.
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November 20, 2025
Target Investors' Pride Month Merch Suit Shipped To Minn.
A consolidated set of shareholder class actions against Target Corp. over its 2023 Pride Month marketing campaign has been relocated from Florida to Minnesota, where the company is headquartered.
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November 20, 2025
Keurig Buyers Denied Class Cert. In K-Cup Antitrust Row
A New York federal judge on Thursday denied class certification to direct purchasers of Keurig K-Cups who accuse the coffee machine company of stifling competition, saying the coffee pod buyers failed to show that common questions predominate those affecting only individual class members, particularly when it comes to antitrust injury.
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November 20, 2025
USPTO Decries Instacart's 'Road Mapping' Claim At Fed. Circ.
The U.S. Patent and Trademark Office is urging the Federal Circuit to turn away Instacart's challenge to the agency's relatively new procedures for discretionarily denying Patent Trial and Appeal Board petitions, noting the court recently rejected three similar bids.
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November 20, 2025
Hisense USA Overhypes TVs As 'QLED,' False Ad Suit Says
Hisense USA customers filed a proposed class action in California federal court on Wednesday, accusing it of falsely marketing its televisions as implementing QLED displays that help deliver brighter pictures, even though they either do not contain that technology or contain such negligible amounts that do not materially boost performance or display outputs.
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November 20, 2025
Importers Left With Uncertainty After US-China Trade Truce
U.S. importers have welcomed the latest trade truce with China and the ability to obtain key minerals without new licensing requirements for the next year, but continue to have questions about how commitments in the bilateral agreement will be met and concerns about risks of escalation.
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November 20, 2025
NY Medical Cannabis Cos. Say State Flubbed Enforcement
The large, vertically integrated companies that make up New York's medical cannabis trade have accused New York's marijuana regulators in state court of failing to halt the flow of illicit pot products into the state's regulated marketplace.
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November 20, 2025
Data Breach Suit Against Circle K Franchisee Wraps Up
A group of ex-workers who sued a franchisee of gas and convenience store chain Circle K over a May 2024 data breach have agreed to end their proposed class action, according to a Georgia federal court filing.
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November 20, 2025
Conn. Faces Tough 2nd Circ. In 3M PFAS Enforcement Dispute
A Second Circuit panel on Thursday appeared receptive to 3M's argument that Connecticut's state lawsuit accusing it of polluting the environment with forever chemicals contained in consumer products actually belongs in federal court, where a similar lawsuit against the company is playing out.
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.