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  • Article

    Fee Shifting Applied In Trade Mark Dispute

    In Dropbox, Inc v Thru Inc, the US District Court for the Northern District of California applied to a trade mark dispute the Supreme Court's recently adopted test for determining whether reasonable...
    United StatesIntellectual Property
    Katten
    Katten
  • Article

    Jury Gives UGG Design Patent The Boot

    A California jury's decision in Deckers Outdoor Corp. v. Last Brand Inc. found that Quince's boot design infringed Deckers' design patent while simultaneously invalidating the UGG Classic Mini design patent and declaring the trade dress generic. These rulings highlight the mounting legal challenges fashion brands face in protecting their intellectual property as dupe culture proliferates across social media, particularly when imitations replicate a product's overall appearance without using logos or tradema
    United StatesIntellectual Property
    Katten
    Katten
  • Article

    Not So Fast...Online Retailer Wants New Trademark Trial Against Penn State

    In the ongoing trademark dispute between The Pennsylvania State University (Penn State) against online retailer Vintage Brand, LLC (Vintage), along with its manufacturer and distributor Sportswear Inc....
    United StatesIntellectual Property
    Katten
    Katten
  • Article

    The New gTLD Program: Latest Updates On Brand Protection And The Trademark Clearinghouse

    The most significant development in the Internet space in recent years is the ongoing generic top-level domain expansion.
    United StatesIntellectual Property
    Katten
    Katten
  • Article

    U.S. Department Of Agriculture Proposes Phased-In Schedule To Enforcement Of Revised Lacey Act Declaration Requirements

    On October 8, 2008, the Animal and Plant Health Inspection Service ("APHIS"), an agency of the U.S. Department of Agriculture, published a Federal Register notice proposing the implementation of the declaration requirements instituted by recent amendments to the Lacey Act.
    United StatesInternational Law
    Katten
    Katten
  • Article

    U.S. Eases Economic Sanctions On Syria

    In the aftermath of the overthrow of the Assad government on December 8, 2024, the United States has eased (but has not lifted) its longstanding economic sanctions program against Syria.
    United StatesInternational Law
    Katten
    Katten
  • Article

    EPR Reports May Increase Risk Of Class Actions

    In May 2026, seven states (California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington) will require covered businesses to submit Extended Producer responsibility (EPR) Reports.  Many other states are now evaluating whether they should follow suit.
    United StatesLitigation, Mediation & Arbitration
    Katten
    Katten
  • Article

    Florida Appellate Court Rules That Slip And Fall Safety Report Is Privileged Under Patient Safety Act

    The plaintiff in this negligence suit against Shands Teaching Hospital in Florida was visiting a patient when she slipped and fell on some clear liquid while walking through a hallway.
    United StatesLitigation, Mediation & Arbitration
    Katten
    Katten
  • Article

    Hydrochloric Acid, Sewage Backup, And The Use Of Independent Contractors

    A federal court in West Virginia has ruled – in case you had any doubts – that using an independent contractor to transport your product may not protect you from the exposure when 1,728...
    United StatesLitigation, Mediation & Arbitration
    Katten
    Katten
  • Article

    SCOTUS Resolves New (Fourth) Layer Of Arbitration Contract Disputes

    The Supreme Court gave us another arbitration decision yesterday (May 23rd)—the second in the span of a week. This one is Coinbase v. Suski, which poses the following question...
    United StatesLitigation, Mediation & Arbitration
    Katten
    Katten
  • Article

    Exploring Best Practices For The Use Of Artificial Intelligence In Advertising

    As artificial intelligence (AI), in particular generative AI, continues to develop at a rapid pace, the fashion industry is exploring how marketing campaigns can leverage this technology...
    United StatesMedia, Telecoms, IT, Entertainment
    Katten
    Katten
  • Article

    Influencers Say The Darndest Things: National Advertising Division Targets Third-Party Marketing In Recent Decisions

    From world-famous celebrities to teens reviewing products on TikTok, influencers continue to shape consumer perceptions. Recent decisions from the National Advertising Division (NAD) have brought attention...
    United StatesMedia, Telecoms, IT, Entertainment
    Katten
    Katten
  • Article

    Is The Metaverse A Giant 'Native Advertisement'?

    The metaverse virtual world is a shiny new sandbox for brands to play in. Just as sponsored content dominates social media, so too will advertising blanket the metaverse.
    United StatesMedia, Telecoms, IT, Entertainment
    Katten
    Katten
  • Article

    Oral Phenylephrine — Cue The Lawsuits

    On September 12, an FDA Advisory Committee unanimously recommended that oral phenylephrine, the active ingredient in numerous popular over-the-counter (OTC) nasal decongestant products, was not effective...
    United StatesMedia, Telecoms, IT, Entertainment
    Katten
    Katten
  • Article

    SCOTUS Holds That Courts Are Not Bound by FCC Orders Interpreting the TCPA

    On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA).
    United StatesMedia, Telecoms, IT, Entertainment
    Katten
    Katten
  • Article

    40 States Reach Historic Settlement With Google Regarding Location-Tracking In The Amount Of $391.5m

    In the largest multistate privacy settlement in U.S. history, Google has agreed to a $391.5m settlement with 40 states in connection with an investigation...
    United StatesPrivacy
    Katten
    Katten
  • Article

    Privacy, Data And Cybersecurity Quick Clicks | Issue 22

    Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe.
    United StatesPrivacy
    Katten
    Katten
  • Article

    New York City Council Puts An End To The Payment Of Brokers' Fees By Residential Tenants - Landlords May Get Stuck With The Brokers' Fees

    On November 13, 2024, the Fairness in Apartment Rentals Act (FARE) (the Bill) was approved by the New York City Council (City Council) prohibiting the imposition or collection of any fee or commission.
    United StatesReal Estate and Construction
    Katten
    Katten
  • Article

    2024 Year-End Estate Planning: Florida Updates

    Florida is one of a few states in the nation that allows for a property tax break for taxpayers who have a Florida home as their primary residence (otherwise known as a "homestead exemption").
    United StatesTax
    Katten
    Katten
  • Article

    Tax Planning For Carve-Out And Take-Private Transactions: Use Of Selective Section 338 And/or 336 Elections

    A sophisticated tax planning technique for take-private transactions demonstrates how companies can leverage built-in losses from one subsidiary to offset gains from another, potentially achieving stepped-up tax basis at no incremental cash cost.
    United StatesTax
    Katten
    Katten

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