Lanham Act

Greenberg Traurig Grows FDA Practice in Phoenix; Adds Peter Arhangelsky

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星期五, 二月 16, 2024

PHOENIX, Feb. 15, 2024 /PRNewswire-PRWeb/ -- Global law firm Greenberg Traurig, LLP continues to grow its Health Care & FDA Practice in Arizona with the addition of Peter A. Arhangelsky as shareholder.

Key Points: 
  • Global law firm Greenberg Traurig, LLP continues to grow its Health Care & FDA Practice in Arizona with the addition of Peter A. Arhangelsky as shareholder
    PHOENIX, Feb. 15, 2024 /PRNewswire-PRWeb/ -- Global law firm Greenberg Traurig, LLP continues to grow its Health Care & FDA Practice in Arizona with the addition of Peter A. Arhangelsky as shareholder.
  • Arhangelsky guides businesses that are regulated by the U.S. Food and Drug Administration (FDA) through both regulatory compliance and litigation matters.
  • Arhangelsky's practice complements that of Justin J. Prochnow , co-chair of the Food, Beverage & Agribusiness Group , who focuses on regulatory matters.
  • "Previously, I worked with Peter as co-counsel on a matter, and I just knew he would be an excellent addition to Greenberg Traurig substantively and culturally," Prochnow said.

SKLAR KIRSH'S SERINEH BAGHDASARIAN AND ELAN BLOCH RECOGNIZED AS LEADERS THRIVING IN THEIR 40S

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星期四, 十二月 28, 2023

LOS ANGELES, Dec. 28, 2023 /PRNewswire/ -- California law firm Sklar Kirsh LLP announced today that Partners Serineh Baghdasarian and Elan Bloch have been named to the Los Angeles Business Journal's "2023 Leaders of Influence: Thriving in Their 40s."

Key Points: 
  • LOS ANGELES, Dec. 28, 2023 /PRNewswire/ -- California law firm Sklar Kirsh LLP announced today that Partners Serineh Baghdasarian and Elan Bloch have been named to the Los Angeles Business Journal's "2023 Leaders of Influence: Thriving in Their 40s."
  • In the special insert, each recipient is featured with a concise profile that showcases their career highlights and recent accomplishments.
  • Firm Co-Chairman Andrew Kirsh adds, "Serineh and Elan's recognition for this honor is a testament to their dedication to clients and to their legal skills.
  • Bloch is a seasoned litigator and Partner in the firm's Commercial and Real Estate Litigation groups.

NJOY Brings Sweeping Litigation Against Illicit Disposable Vapor Manufacturers

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星期四, 十月 19, 2023

Altria Group, Inc. (Altria) announces today its operating company NJOY, LLC (NJOY) has filed sweeping litigation against 34 foreign and domestic manufacturers, distributors and online retailers of illicit disposable e-vapor products that are unlawfully marketed and sold in the State of California and elsewhere.

Key Points: 
  • Altria Group, Inc. (Altria) announces today its operating company NJOY, LLC (NJOY) has filed sweeping litigation against 34 foreign and domestic manufacturers, distributors and online retailers of illicit disposable e-vapor products that are unlawfully marketed and sold in the State of California and elsewhere.
  • The suit seeks a nation-wide injunction against the import, marketing and sale of these illicit products and significant compensatory and punitive damages.
  • “Today there are two markets – one for those who play by the rules and one for those who flagrantly ignore them.
  • NJOY may add additional manufacturers, distributors and retailers to this complaint and will consider further litigation activity.

Osha Bergman Watanabe & Burton LLP: Jury Awards $12.8 Million to WOW Tech in IP Dispute

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星期一, 九月 18, 2023

HOUSTON, Sept. 18, 2023 /PRNewswire/ -- A four-year legal battle over sexual stimulation device technology for women has led to a federal-court jury verdict of $12.8 million for a group of businesses collectively known as WOW Tech, its lawyers at Osha Bergman Watanabe & Burton LLP (OBWB) said today.

Key Points: 
  • HOUSTON, Sept. 18, 2023 /PRNewswire/ -- A four-year legal battle over sexual stimulation device technology for women has led to a federal-court jury verdict of $12.8 million for a group of businesses collectively known as WOW Tech, its lawyers at Osha Bergman Watanabe & Burton LLP (OBWB) said today.
  • The jury also confirmed the validity of all five of the WOW Tech group's patents and entered findings of willful patent infringement against EIS, Inc, EIS GmbH, Triple A Marketing GmbH, and Triple A Import GmbH.
  • The WOW Tech group is represented by lead counsel Tammy Terry , and OBWB attorneys Lisa Margonis, Califf T. Cooper, and Gopal Rao Gannamraj.
  • Osha Bergman Watanabe & Burton LLP Partner Tammy Terry said, "We're grateful for the jury's decisive ruling in favor of the WOW Tech group.

Pollock Cohen LLP Announces Settlement of Groupon Class Action Lawsuit

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星期一, 八月 21, 2023

CHICAGO, Aug. 21, 2023 (GLOBE NEWSWIRE) -- Today a federal court in Chicago has preliminarily approved a settlement of the putative Lanham Act and unfair competition class action lawsuit led by Pollock Cohen LLP on behalf of businesses nationwide against Groupon, Inc.

Key Points: 
  • CHICAGO, Aug. 21, 2023 (GLOBE NEWSWIRE) -- Today a federal court in Chicago has preliminarily approved a settlement of the putative Lanham Act and unfair competition class action lawsuit led by Pollock Cohen LLP on behalf of businesses nationwide against Groupon, Inc.
  • Groupon denies all of the allegations but entered into the class settlement agreement to resolve the litigation without further cost, risk, and distraction.
  • On the website, class members may find the full settlement agreement, the key filings in this case, and the procedures and deadlines for class members to object to the settlement.
  • The court has appointed Raphael Janove of Pollock Cohen LLP as class counsel, who can be reached at (646) 201-5523 and [email protected].

Technical Update: NEO Battery Achieves Exceptional Silicon Battery Performance with Improved Uniform Nanocoating Innovation

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星期三, 八月 16, 2023

TORONTO, Aug. 16, 2023 (GLOBE NEWSWIRE) -- (TSXV: NBM) (OTCQB: NBMFF)

Key Points: 
  • TORONTO, Aug. 16, 2023 (GLOBE NEWSWIRE) -- (TSXV: NBM) (OTCQB: NBMFF)
    NEO Battery Materials Ltd. (“NEO” or the “Company”), a low-cost silicon anode materials developer that enables longer-running, rapid-charging lithium-ion batteries, is pleased to announce exceptional testing results in silicon battery performance from NEO’s improved uniform nanocoating innovation.
  • As announced on April 18, 2023 , NEO achieved a significant manufacturing innovation of uniformly nanocoating silicon with strong polymer layers.
  • Before this innovation, non-uniform coatings led to mechanical breakdowns, resulting in inadequate performance of silicon batteries.
  • Dr. S. G. Kim, CTO of NEO, commented, “NEO’s uniform nanocoating technology used to produce silicon anodes significantly improves the battery performance by overcoming the critical volume expansion problem.

Patriot Pickle, Inc. Admits in Court Filings That Wahlburgers Pickles Contained Artificial Preservative Sodium Benzoate

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星期四, 八月 3, 2023

BOSTON, Aug. 3, 2023 /PRNewswire/ -- On January 3, 2023, Grillo's Pickles, Inc. filed federal Lanham Act and common law unfair competition claims against Patriot Pickle Inc., ARKK Food Company and Wahlburgers I, LLC for misleading consumers and retailers by labeling and marketing Wahlburgers pickles as "fresh," "all natural" and containing "no preservatives" when, to the contrary, Wahlburgers pickles contained sodium benzoate, an artificial chemical preservative. The misleading labeling of Wahlburgers pickles, combined with the similar packaging and near identical taste to all-natural Grillo's, has harmed Grillo's Pickles by diverting customers away from the brand and to Wahlburgers. Simultaneously, Grillo's filed a preliminary injunction motion asking the court to order Patriot Pickle to stop falsely advertising Wahlburgers pickles. 

Key Points: 
  • The misleading labeling of Wahlburgers pickles, combined with the similar packaging and near identical taste to all-natural Grillo's, has harmed Grillo's Pickles by diverting customers away from the brand and to Wahlburgers.
  • Simultaneously, Grillo's filed a preliminary injunction motion asking the court to order Patriot Pickle to stop falsely advertising Wahlburgers pickles.
  • Since then, Patriot Pickle has admitted in court filings that its Wahlburgers pickles did, in fact, contain the artificial preservative sodium benzoate.
  • According to Patriot Pickle, Wahlburgers pickles shipped before Patriot Pickle took corrective action to remedy the sodium benzoate issue are now, "...past their 'best by' date and are unlikely to be on store shelves."

Court Issues Favorable Ruling for Natera in False Advertising Trial Against CareDx; Eliminates all Damages

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星期一, 七月 17, 2023

Natera, Inc. (NASDAQ: NTRA), a global leader in cell-free DNA testing, today announced that the United States District Court for the District of Delaware issued a decision in favor of Natera in the false advertising case brought by CareDx, Inc.

Key Points: 
  • Natera, Inc. (NASDAQ: NTRA), a global leader in cell-free DNA testing, today announced that the United States District Court for the District of Delaware issued a decision in favor of Natera in the false advertising case brought by CareDx, Inc.
  • In today’s decision, the Court reversed findings returned by a jury in March 2022 and ruled that CareDx is not entitled to any damages.
  • The decision also noted that CareDx showed no evidence that any person was deceived by or relied on any of the advertisements at issue in the case.
  • Separately, the jury’s March 2022 verdict that CareDx engaged in false advertising against Natera, in violation of the Lanham Act, remains in place.

Enigma Software Group Prevails Over Malwarebytes at the Ninth Circuit

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星期二, 六月 6, 2023

CLEARWATER, Fla. , June 6, 2023 /PRNewswire/ -- The U.S. Court of Appeals for the Ninth Circuit has ruled in favor of Enigma Software Group USA, LLC ("Enigma") that it can proceed with its lawsuit against Malwarebytes on its claims that Malwarebytes has engaged in anticompetitive conduct, false advertising under the Lanham Act and tortious interference with Enigma's business relations.

Key Points: 
  • CLEARWATER, Fla. , June 6, 2023 /PRNewswire/ -- The U.S. Court of Appeals for the Ninth Circuit has ruled in favor of Enigma Software Group USA, LLC ("Enigma") that it can proceed with its lawsuit against Malwarebytes on its claims that Malwarebytes has engaged in anticompetitive conduct, false advertising under the Lanham Act and tortious interference with Enigma's business relations.
  • Enigma filed suit against Malwarebytes on claims of unfair trade practices, interference with business relations, and false advertising in connection with Enigma's claims that Malwarebytes had unlawfully blocked consumers from using Enigma's cybersecurity protection software products, thereby harming consumers and damaging Enigma.
  • This new Ninth Circuit ruling is the second time the Court of Appeals has rejected Malwarebytes' attempts to avoid responding to Enigma's claims.
  • Previously, the Ninth Circuit ruled that Malwarebytes was not protected from liability on Enigma's claims by Section 230 of the Communications Decency Act because Enigma adequately alleged Malwarebytes' anticompetitive conduct.

Visbiome Probiotic Prevails in Landmark False Advertising Lawsuit Against Competitor Brookfield Pharmaceuticals

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星期三, 四月 5, 2023

ROCKVILLE, Md., April 5, 2023 /PRNewswire/ -- ExeGi Pharma, LLC, owner of the Visbiome probiotic, has secured a significant legal victory against Brookfield Pharmaceuticals, LLC.

Key Points: 
  • ROCKVILLE, Md., April 5, 2023 /PRNewswire/ -- ExeGi Pharma, LLC, owner of the Visbiome probiotic, has secured a significant legal victory against Brookfield Pharmaceuticals, LLC.
  • ExeGi alleged that Brookfield engaged in false advertising and unfair competition by promoting its High Potency Probiotic ("HPP") as a generic equivalent of Visbiome.
  • The United States District Court for the Eastern District of Wisconsin ruled in favor of ExeGi, entering summary judgment and finding Brookfield liable for false advertising under the Lanham Act.
  • The court found that the Brookfield HPP product has a different composition than that of Visbiome, and Brookfield attempted to pass off HPP as a Visbiome generic equivalent.