Recently, VPR Brands issued a notable challenge to a Georgia federal court, requesting a dismissal of counterclaims alleging that its latest product violated the intellectual property rights of Elfbar, an e-cigarette produced by a Chinese manufacturer. The crux of VPR Brands’ argument is that there is nothing deemed "distinctive" in the "shape, coloring, font [or]…
Recent developments in trademark law have highlighted the challenges associated with translating creative works into other languages and the legal implications this brings. In particular, a precedential opinion by the US Patent and Trademark Office’s Trademark Trial and Appeal Board emphasized the intricate nature of intellectual property rights and their limitations. The case, which involved…
In a recent development reported by Law360, a Connecticut federal judge repudiated another attempt by a food safety technology corporation seeking to interrogate the leading executive of a rival firm accused of encroaching on two patents. According to the Law360 report, the judge ruled that the testimony of the rival company’s executive would not likely…
In a significant recent decision, New York State Human Rights Law’s (NYSHRL) source-of-income anti-discrimination statute has been ruled unconstitutional. The ruling, in the case of People v. Commons W., LLC, throws a spotlight on the difficult equilibrium between promoting equitable housing practices and protecting constitutional rights. The source-of-income discrimination statute was formulated to ensure that…
In a recent U.S. District Court ruling, it was determined that artwork generated by AI (Artificial Intelligence) systems are not eligible for U.S. copyright registration. This decision, that emerged from the case of Thaler v. Perlmutter, hands a significant victory to the United States Copyright Office and its position that copyright protection can only be…
In a shift from over fifty years of established law, the National Labor Relations Board (NLRB) has issued a decision that mirrors a union-friendly framework. This decision was announced on August 25, 2023, in the context of Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115). As per this recent development, the ruling outlines a changed…
A recent development in the high ranks of the United States’ judicial system indicates that Supreme Court Justice Amy Coney Barrett seems to be voicing discomfort over the Court’s waning public approval. According to a study by Gallup, there has been a noticeable downturn in the percentage of Americans expressing “a great deal/quite a lot”…
A recent legal development casts an interesting light on the procedure colloquially known as the “expert hot tub.” Broadly defined, this term refers to an in-court, on-the-record “debate” between dueling expert witnesses, involving the direct participation of the court, parties, and the experts themselves in questioning roles. Particularly prevalent in antitrust class action practices, these…
In a recent development in patent law, the Federal Circuit is currently reviewing the Amgen Inc. V. Sandoz Inc, No. 2022-1147 case. The case pertains to matters related to patent obviousness and priority date. As a backstory, Amgen, a large biopharmaceutical company, produces and markets a medication known as apremilast for treating specific types of…
The case of In re Cellect (Fed. Cir. 2023) may raise some eyebrows among legal professionals. A recent decision by the Federal Circuit has delved into an issue that has been left open for quite some time. This involves the judicially created doctrine of obviousness-type double patenting (ODP). The court has now shed light on…
Law firms across the globe are grappling with an increasingly contentious issue: employee monitoring. In the pursuit of efficiency and productivity, firms are adopting technologies to track virtually every aspect of their staff’s workaday lives; from badge swipes to keystrokes. The debate around these practices is heating up, with critics arguing the intrusion into personal…
Jones Soda Co., popular for its unique beverage flavors, now finds itself embroiled in a patent lawsuit. A company based in California has lodged allegations against Jones Soda Co., claiming it has infringed upon a patented augmented reality technology. This technology has been employed by Jones Soda to create digital animations for its bottle labels,…
In what continues to be a barrage of patent infringement lawsuits, Tesla once again finds itself defendant for the third consecutive month, with the latest action filed on August 4, 2023. Graphite Charging Company LLC, the entity responsible for the recent lawsuit, submitted the action in the Western District of Texas. This is the latest…
The United States Court of Appeals for the Second Circuit has recently passed a verdict decertifying a class of stockholders who had made allegations against Goldman Sachs. They claimed that the banking giant was maintaining an inflated share price by resorting to misrepresentations about its business principles and its policies related to conflicts-of-interest. The case…
In a noteworthy development, the Massachusetts Appellate Court recently offered its perspective on a private nuisance issue arising from property flooding claims supposedly triggered by neighboring road improvements. The case in question is Gillis v. Town of Uxbridge, No. 22-P-641, 2023 WL 5111539 (Mass. App. Ct. Aug. 10, 2023). The court’s decision, made public on…
The Consumer Product Safety Commission (CPSC) recently announced that globally-renowned home appliances manufacturer, Whirlpool Corporation, has conceded to pay a hefty $11.5 million civil penalty. This substantial settlement arises from the CPSC’s charges asserting that Whirlpool deliberately did not promptly report, as mandated by law, that 17 models of their electric radiant heat cooktops had…
The California Department of Insurance (CDI) issued a bulletin on August 23, 2023, to insurers and brokers who are involved in selling long-term care (LTC) insurance in California. According to the bulletin, the CDI is worried about certain complaints received concerning marketing strategies aimed at encouraging Californian residents to buy LTC insurance prior to the…
The United States Equal Employment Opportunity Commission (EEOC) issued a proposed rule on August 11, 2023, related to the Pregnant Workers Fairness Act (PWFA). The PWFA mandate affects all qualified employers and necessitates that they offer reasonable accommodations to eligible employees or candidates. The Act specifically targets individuals who have any known limitations associated with…
In a recent development, Illinois healthcare providers have been mandated to undergo a culture competency training. This move seeks to enhance patient satisfaction and the quality of care by improving the level of cultural competence among providers. This newly mandated training forms an integral part of the ongoing focus on diversity, equity, and inclusion initiatives…
The Cooper Davis Act, an amendment proposed to the Controlled Substances Act in the United States, has been a controversial proposal stirring contentious conversations among differing stakeholders including parents, consumer safety advocates, and anti-drug coalitions, as well as the DEA, privacy experts, and constitutional scholars. A recent article details the ongoing disputes and disagreements. The…
The ever-changing landscape of employment law continues to be a fascinating subject for our legal community. One of the current hot topics in this realm includes the recent developments in the United Kingdom’s employment laws, particularly focusing on the Flexible Working regime. With the Royal Assent of the Employment Relations (Flexible Working) Bill 2023 on…
Earlier in May 2021, the distinguished law journal, Money and Dirt, provided a penetrating analysis of a case adjudicated by California’s Second Appellate District — Tsasu LLC v. U.S. Bank Trust, N.A. This particular case held significant implications for the interpretation of Code of Civil Procedure section 764.060, a crucial element of California’s Quiet Title…
In an intriguing turn of events, the US Court of Appeals for the Federal Circuit has made the decision to vacate and remand a Patent Trial & Appeal Board ruling that rendered a patent invalid. This move has been taken on the grounds of assessing nexus and weight, as reported by legal news outlet JD…
In an unexpected development, the Ninth Circuit has once again revised its opinion in the Wit v. United Behavioral Health case. Affirming its prior ruling that denied motion to vacate and superseding its prior Wit Opinion, the federal appellate court has been persistent in its adaptations. This index case involves patients struggling with mental health…
The University of Toronto’s highly-regarded law school has announced that it will return a US$450,000 donation from Amazon. The reason for this dramatic step stems from recent criticism over a lack of transparency surrounding the source of the donation. In a statement, law dean Jutta Brunnée said, “The Faculty of Law upheld the University’s firm…