Welcome to Commercial Roundup for May 1st–and happy May Day.
- Discrete features of boot design lacked distinctiveness necessary for trademark.
- Even a little harm from discriminatory change in work suffices under Title VII.
- Delay in bringing suit for trademark infringement until after limitations would have expired under state-law analog to Lanham Act required presumption that laches barred claim.
- In class action over false claim that products aided dogs’ joint health, Rule 23 didn’t (a) require class to bolster expert’s damages model by using it to compute damages before certification or (b) bar certification due to class’s need to show class members relied on false claim. https://lnkd.in/gX2z8YGe
- Failures to disclose scuzzy details about plan for growth through buying many dozens of rivals lacked didn’t support finding of strong intent to defraud.
- Website’s use of “ERICA” didn’t clearly show the services for which it might serve as a service mark.
- Patent owner’s unclean hands during lawsuit barred claims that rival mat maker’s products infringed patent.
- Lawyer’s failure to find and brief evidence that could have ended case against client required trial of malpractice claim.
- Truck driver failed to show need to treat trucking company as owner’s alter ego to prevent “injustice”.
- Pure failure to disclose facts doesn’t run afoul of Rule 10b-5. https://lnkd.in/gbUy5FeS
- Insiders’ set up and handling of employee stock ownership plan for ailing company may have breached duties under ERISA.
- Lanham Act allows award against trademark infringer for its infringing U.S. sales but not for U.S. sales by others who bought outside U.S.
- Ahem. You don’t get in Fashion Dive every day. I don’t anyway. Good article.
- Lessor of building could have both breached the lease in 2015 by failing to approve an agreement with New York City’s Department of Housing Preservation and Development and repudiated it in 2021 by stating it would never approve such an agreement.
- Action in state court–to decide who owns the plaintiff in a federal-court case–should go to judgment first under Colorado River abstention doctrine.
- Saks’s guaranty of lease waived lessee’s defenses to paying rent. https://lnkd.in/ggCUPQn8
- Car dealer’s false claims for warranty work gave car maker good cause for ending dealer’s franchise.
- Clicking “Play” after download of free game app bound device owner to arbitration clause; invalid ban on public injunctions didn’t make clause unconscionable.