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Meta
Tag Archives: remedies
Panel on design patent remedies, Sept. 13
“Next Up In Apple/Samsung Smartphone Wars: Design Patent Remedies Following The SCOTUS Decision” Wednesday, September 13th 9:00am – 10:30am The National Press Club Zenger Room 529 14th Street NW Speakers include: Carl Cecere, Counsel, Hispanic Leadership Fund and the National … Continue reading
Posted in Uncategorized
Tagged Panel on design patent remedies, remedies, Sept. 13 design patent
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reading list: Willis on remedies for consumer fraud
Lauren E. Willis, Performance-Based Remedies: Ordering Firms to Eradicate Their Own Fraud, 80 Law and Contemporary Problems 7-41 (2017) Abstract In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection enforcement agencies often prospectively dictate—in great detail—the … Continue reading
Depressed sales and asserted loss of prestige aren’t irreparable harm
Puma SE v. Forever 21, Inc., No. 17-cv-02523 (C.D. Cal. Jun. 2, 2017) H/T Sarah Burstein. Puma sued Forever 21 for allegedly counterfeiting its Fenty line of shoes. (Puma asserted copyright infringement and design patent infringement as well as trademark … Continue reading
Overstock ordered to pay multimillion penalty for falsely advertising comparison prices
People v. Overstock.Com, Inc., — Cal.Rptr.3d —-, 2017 WL 2391814, No. A141613 (Cal. Ct. App. Jun. 2, 2017) The trial court found that Overstock, an online retailer whose value proposition is “the lowest prices on the Internet,” had engaged in … Continue reading
Another outlet price deception case, with pictures
Stathakos v. Columbia Sportswear Co., 2017 WL 1957063, No. 15-cv-04543 (N.D. Cal. May 11, 2017) The parties sued Columbia, bringing the usual California claims, for alleged use of deceptive and misleading reference prices on merchandise in its company-owned Columbia outlet … Continue reading
remedial actions prevent finding of irreparable harm for TRO
Ocusoft, Inc. v. Walgreen Co., 2017 WL 1838106, No. H-17-1037 (S.D. Tex. May 8, 2017) Ocusoft sells “the first commercially available eyelid cleanser, Ocusoft Lid Scrub,” which Walgreens aells alongside its private label eyelid cleansing pads, which are routinely placed … Continue reading
Lost sales as irreparable harm
Epson America, Inc. v. USA111, Inc., No. 17-cv-00129, 2017 WL 1484400 (D.S.C. Apr. 26, 2017) Let’s admit it: the case law is a mess on this. Epson sued its competitor, d/b/a iRULU, for falsely advertising its portable consumer projectors, specifically … Continue reading
Posted in Uncategorized
Tagged Lost sales as irreparable harm false advertising, remedies
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