#court-decisions

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#trademark-law

Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of Discretion

OpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.

The Briefing: Punchbowl News' Trademark Win Despite Rogers Setback

Punchbowl News won its trademark lawsuit against Punch Bowl Inc., marking a significant victory for brand protection.

Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of Discretion

OpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.

The Briefing: Punchbowl News' Trademark Win Despite Rogers Setback

Punchbowl News won its trademark lawsuit against Punch Bowl Inc., marking a significant victory for brand protection.
moretrademark-law

Halloween House Of Horrors Channels Supreme Court

Halloween costumes reflect anxieties over regulatory decisions in environmental law, especially the implications of Chevron deference.

Residents vow to fight back after 'Pillowcase Rapist' is ordered released in their community

Local activists are fighting against the court-ordered placement of sexual predators in their community.
The community remains engaged in advocacy efforts to oppose similar future cases.
#non-compete-agreements

Employers Score Another Win Against FTC, But Noncompete Ban Looms

Employers won limited injunctions against FTC enforcement on non-compete agreements, with broader implications pending after the Ryan court decision.

Former Draftkings' Employee Loses Bet On California's No Non-Compete Law

The case illustrates the complexities of non-compete enforceability across state lines, particularly between Massachusetts and California.

NLRB GC Memo Calls For Aggressive Retroactive Make-Whole Remedies Against Employers

Non-compete agreements violate worker rights under NLRA, according to NLRB's new directives.
General Counsel advocates for broad remedies for employees affected by non-compete agreements.

Employers Score Another Win Against FTC, But Noncompete Ban Looms

Employers won limited injunctions against FTC enforcement on non-compete agreements, with broader implications pending after the Ryan court decision.

Former Draftkings' Employee Loses Bet On California's No Non-Compete Law

The case illustrates the complexities of non-compete enforceability across state lines, particularly between Massachusetts and California.

NLRB GC Memo Calls For Aggressive Retroactive Make-Whole Remedies Against Employers

Non-compete agreements violate worker rights under NLRA, according to NLRB's new directives.
General Counsel advocates for broad remedies for employees affected by non-compete agreements.
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Other Barks & Bites for Friday, September 20: Biden Administration Announces $3 Billion Advanced Battery Investment; Fifth Circuit Affirms Fair Use Ruling on Dog Art Kits; and California Passes State Bills on Digital Replica Rights

Federal Circuit's ruling emphasizes adherence to statutory presumption of patent validity.
California joins several states in protecting against unauthorized digital replicas of individuals.

E.U. top court rules Apple, Google owe billions in back taxes and fines

The EU Court has ruled against Apple for unpaid taxes, marking a significant regulatory victory for the European Union.
Google's antitrust fine reinforcement solidifies the EU's commitment to regulating technology giants effectively.
#arbitration-agreements

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

The Mahram v. The Kroger Co. ruling clarifies that arbitration agreements do not automatically extend to third parties unless specified.

No Showing of Prejudice Required to Argue Waiver of Right to Arbitration

Recent California Supreme Court ruling favors employees in arbitration disputes, especially when employers delay enforcing agreements.

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

The Mahram v. The Kroger Co. ruling clarifies that arbitration agreements do not automatically extend to third parties unless specified.

No Showing of Prejudice Required to Argue Waiver of Right to Arbitration

Recent California Supreme Court ruling favors employees in arbitration disputes, especially when employers delay enforcing agreements.
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CDF Labor Law LLP

California Supreme Court rules against voiding arbitration agreements solely due to unconscionable terms; rather, they should be assessed and, if possible, severed.

Germany Grapples With Difficult Decision' in Prisoner Swap

Germany released a convicted Russian killer in a controversial prison exchange with Russia, causing emotional distress to the victim's family and raising concerns about political implications.
#wage--hour-issues

Supreme Court Overturns Chevron Deference, Shifts Authority to Courts to Review Federal Agency Rules and Regulations

SCOTUS overruled Chevron v. Natural Resources Defense Council, giving courts greater authority to review federal agency rulemaking.

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

The California Supreme Court upheld Proposition 22, allowing gig economy businesses to classify drivers as independent contractors.

Supreme Court Overturns Chevron Deference, Shifts Authority to Courts to Review Federal Agency Rules and Regulations

SCOTUS overruled Chevron v. Natural Resources Defense Council, giving courts greater authority to review federal agency rulemaking.

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

The California Supreme Court upheld Proposition 22, allowing gig economy businesses to classify drivers as independent contractors.
morewage--hour-issues

Trump's strategy to delay cases before the election is working

Two major legal victories for Trump delay criminal trials until after 2024 election.
#discrimination

Court Rules Accommodating Religious Request is Undue Hardship

Diversity in the workplace can lead to challenges in accommodating religious beliefs, as seen in the Kluge v. Brownsburg case.

UK demonstrators protest Israeli leader's visit to London

Britain's Prime Minister Rishi Sunak, left, welcomes Israel Prime Minister Benjamin Netanyahu at Downing Street in London, Friday, March 24, 2023.(APPhoto/Alberto Pezzali)LONDON - British Prime Minister Rishi Sunak welcomed Israeli leader Benjamin Netanyahu to London on Friday while demonstrators gathered nearby to protest against the Israeli government's right-wing policies.

Court Rules Accommodating Religious Request is Undue Hardship

Diversity in the workplace can lead to challenges in accommodating religious beliefs, as seen in the Kluge v. Brownsburg case.

UK demonstrators protest Israeli leader's visit to London

Britain's Prime Minister Rishi Sunak, left, welcomes Israel Prime Minister Benjamin Netanyahu at Downing Street in London, Friday, March 24, 2023.(APPhoto/Alberto Pezzali)LONDON - British Prime Minister Rishi Sunak welcomed Israeli leader Benjamin Netanyahu to London on Friday while demonstrators gathered nearby to protest against the Israeli government's right-wing policies.
morediscrimination

Tsunami of CIPA Class Actions Storming California Businesses

California businesses facing class action complaints under CIPA for website privacy violations.
Lawsuits evolving to claim violations under Penal Code Section 631.51 for tracking technologies like cookies and pixels.

Ninth Circuit Requires Federal Courts in California to Follow Adolph v. Uber

Ninth Circuit rules on non-arbitrable PAGA claims
Arbitration rulings' preclusive effect on larger PAGA claim
It is hard to respect any opinion from the Supreme Court in view of the news. Money=Speech=Influence: Eligibility and the U.S. Solicitor General: Patenting the Scientific, Technological, and Industrial Arts | Patently-O

Eligibility and the U.S. Solicitor General: Patenting the Scientific, Technological, and Industrial Arts

by Dennis Crouch
A decade ago, the US Supreme Court issued a pair of decisions that upended substantial aspects of patent practice.Mayo Collaborative Servs.v. Prometheus Labs., Inc., 566 U.S. 66 (2012); and Alice Corp. Pty.Ltd. v. CLS Bank Int'l, 573 U.S. 208 (2014).These cases broadened scope of the "abstract idea" and "law of nature" exclusions in ways that largely overlap with other patent law doctrines, such as obviousness, indefiniteness, and even enablement.
Eligibility and the U.S. Solicitor General: Patenting the Scientific, Technological, and Industrial Arts | Patently-O

Eligibility and the U.S. Solicitor General: Patenting the Scientific, Technological, and Industrial Arts

by Dennis Crouch
A decade ago, the US Supreme Court issued a pair of decisions that upended substantial aspects of patent practice.Mayo Collaborative Servs.v. Prometheus Labs., Inc., 566 U.S. 66 (2012); and Alice Corp. Pty.Ltd. v. CLS Bank Int'l, 573 U.S. 208 (2014).These cases broadened scope of the "abstract idea" and "law of nature" exclusions in ways that largely overlap with other patent law doctrines, such as obviousness, indefiniteness, and even enablement.
#supreme-court

How Appealing Weekly Roundup

Weekly roundup of appellate litigation news from How Appealing blog.

A Typical Eligibility Case in 2023

by Dennis Crouch The U.S. Constitution authorizes Congress to legislatively create a patent system.And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790.As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility.

How Appealing Weekly Roundup

Weekly roundup of appellate litigation news from How Appealing blog.

A Typical Eligibility Case in 2023

by Dennis Crouch The U.S. Constitution authorizes Congress to legislatively create a patent system.And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790.As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility.
moresupreme-court

Editorial: An unfair plan to cut California's use of Colorado River water

The immediate question before the seven states that use rapidly vanishing Colorado River water is not how to renegotiate the century-old agreement and accompanying laws that divvy up the supply.California and other states will have to grapple with that problem soon enough, and it won't be easy.Those accords were hammered out in an era when the Western U.S. was lightly populated, farmland was not yet fully developed and the climate - although few realized it at the time - was unusually wet.

A Judge Just Used ChatGPT to Make a Court Decision

Thomas Coex / Getty Images A judge in Colombia used ChatGPT to make a court ruling, in what is apparently the first time a legal decision has been made with the help of an AI text generatoror at least, the first time we know about it.Judge Juan Manuel Padilla Garcia, who presides over the First Circuit Court in the city of Cartagena, said he used the AI tool to pose legal questions about the case and included its responses in his decision, according to a court document dated January 30, 2023.

Using conscripts and prison inmates, Russia doubles its forces in Ukraine

Recently mobilized Russian soldiers prepare to board a train at a railway station in Tyumen, Russia, on Dec. 2. (AP) (AP)RIGA, Latvia - Despite heavy combat losses over ten months of brutal war, Russia now has more than double the number of troops poised to fight in Ukraine as it did when it invaded in February, including thousands of convicts released from prison and conscripts from a controversial mobilization drive this fall.
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