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Pfizer Ordered To Pay $47.3M To Health Insurer In Neurontin RICO Trial

BOSTON — (Mealey’s) A Massachusetts federal jury on March 25 awarded $47.3 million to the Kaiser Foundation after finding that Pfizer Inc. engaged in racketeering and unfair competition through its off-label marketing of Neurontin ( In Re: Neurontin Marketing, Sales Practices, and Products...

California Supreme Court: Section 3345 Damages Are A Penalty, Not Available Under UCL

SAN FRANCISCO - (Mealey's) The statute providing for treble damages in cases brought by senior citizens alleging unfair competition provides for such a remedy only as a penalty, making recovery under the unfair competition law, Business and Professions Code Section 17200, et. seq ., impossible, the...

California Supreme Court: Section 3345 Damages for Senior Citizens Alleging Unfair Competition Are a Penalty, Not Available Under UCL

SAN FRANCISCO - (Mealey's) The statute providing for treble damages in cases brought by senior citizens alleging unfair competition provides for such a remedy only as a penalty, making recovery under the unfair competition law, Business and Professions Code Section 17200, et. seq . , impossible...

Ansel Adams Trust Sues Over Garage Sale Negatives

SAN JOSE, Calif. - (AP) A group representing Ansel Adams sued a California man for selling prints and posters under the name of the famed nature photographer, the latest salvo in a dispute over glass negatives bought at a garage sale and purported to be Adams' lost work. The lawsuit, filed Monday...

Insurance 101—Insights for Young Lawyers: Advertising Injury Coverage for Claims of Intellectual Property Infringement and Related Unfair Competition

By Richard Porotsky, Partner, Dinsmore & Shohl LLP In his article appearing in the November/December 2010 issue of Coverage , Insurance 101—Insights for Young Lawyers: Advertising Injury Coverage for Claims of Intellectual Property Infringement and Related Unfair Competition, author Richard...

Website To Pay $950,000 For Posting Beatles Hits

LOS ANGELES - (AP) A website that sold Beatles songs online for 25 cents apiece before they became legally available has agreed to pay record companies nearly $1 million to settle a federal lawsuit. U.S. District Judge Josephine Staton Tucker signed off on the settlement between BlueBeat.com and music...

Hot Dog Maker Gets Steamed At Competitor, Sues Him

CHICAGO - (AP) This is a dog fight Chicago will relish. Vienna Beef, one of the world's most famous hot dog makers, is suing the owner of a rival hot dog company, accusing him of either stealing Vienna's 118-year-old recipe or lying to customers by claiming that he's using it. Full version...

Pharmaceutical Litigation Partner James Stronski Joins Crowell & Moring

WASHINGTON, D.C. - Crowell & Moring LLP has announced the addition of partner James K. Stronski to the firm's Intellectual Property Group. Based in the New York office, Stronski is an intellectual property litigator with extensive experience handling cases involving the so-called "Hatch...

Stradling Adds Prominent Southern California IP Litigator As Shareholder

SAN DIEGO - Alexandra ("Alex") Mahaney, an IP litigation shareholder, has joined Stradling Yocca Carlson & Rauth as a shareholder, in its San Diego office and as a member of Stradling's Intellectual Property Litigation Practice Group. Mahaney was formerly a partner at the San Diego...

Ford Model-Poaching Suit Goes Forward

On Wednesday, New York Judge Barbara Kapnick held that the modeling agency, Men Women N.Y. Model Management, Inc. (Women), may pursue several claims related to Ford Models, Inc. alleged poaching of employees and sabotage of Women's business. Ford had been unsuccessful in purchasing Women's...

Tommy Can You Hear Me: Is the FCPA a Trigger for Civil Unfair Competition?

An article in the most recent issue of the ABA Business Torts Litigation Section Newsletter, entitled " Use of the FCPA in State-Law Unfair Competition Cases ", Edward Little, Jr. explores the question of whether the Foreign Corrupt Practices Act (FCPA) can serve as the basis as a predicate...

Trade Dress Rights as Instruments of Monopolistic Competition: Towards a Rejuvenation of the Misappropriation Doctrine in Unfair Competition Law and a Property Theory of Trademarks

By Apostolos Chronopoulos* *LLM (Lond.); LLM Eur. (Munich) Excerpt from Trade Dress Rights as Instruments of Monopolistic Competition: Towards a Rejuvenation of the Misappropriation Doctrine in Unfair Competition Law and a Property Theory of Trademarks , 16 Marq. Intell. Prop. L. Rev. 119 (Winter...

California Supreme Court Holds That Unfair Competition Law Can Include Insurance Claims

SAN FRANCISCO — (Mealey’s) The California Supreme Court said August 1 that an insurance policyholder can bring bad faith and false advertising claims against her insurance company under the state’s unfair competition law (UCL; Business and Professions Code Section 17200, et seq. ) and...

California Supreme Court Holds That Unfair Competition Law Can Include Insurance Claims

SAN FRANCISCO — (Mealey’s) The California Supreme Court said Aug. 1 that an insurance policyholder can bring bad faith and false advertising claims against her insurance company under the state’s unfair competition law (UCL; Business and Professions Code Section 17200, et seq. ) and...

A New Way to Sue Insurers - Unfair Competition Law Allows Direct Action Against Insurer

In Zhang v. Superior Court (California Capital Insurance Company) , S178542 (Cal. 08/01/2013) [ enhanced version available to lexis.com subscribers ], the California Supreme Court was called upon to determine if the California Unfair Competition Law (UCL) and the Unfair Insurance Practices Act (UIPA...

Divided Supreme Court: Issue Preclusion Applies In Trademark Dispute

WASHINGTON, D.C. — (Mealey’s) The Eighth Circuit U.S. Court of Appeals erroneously ruled that the Trademark Trial and Appeal Board (TTAB) applies a different likelihood of confusion standard when weighing a trademark registration than district courts apply when weighing allegations of infringement...

FTC “Enforcement Principles” for Section 5 of the FTC Act: Is Something Better Than Nothing?

by James L. McGinnis For many years, antitrust practitioners have struggled to understand exactly how the FTC will analyze and enforce Section 5’s prohibition of “unfair methods of competition.” Counseling clients has been challenging. In a short one-page release on August 13, 2015...

Cross Subsidization For “Purpose” of Enhanced Grocery Sales Through Below Cost Gasoline Discounts Found Not to Violate California Unfair Practices Act

by Don T. Hibner, Jr. Injury to competing retail fuel stations is non-actionable where market conditions demonstrate that an “incipient antitrust violation” is not imminent. Dixon Gas Club LLC v. Safeway Inc. , Case No. A139283 (Court of Appeal 1 st Dist. July 20, 2015) (not for publication...