Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Category Archives: IP/Brand Protection

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Statutory Implied Warranty Under California UCC of No “Rightful” Claims Is Breached by Nonfrivolous Trademark Infringement Claims

Posted in IP/Brand Protection
Case: Pacific Sunwear of California, Inc. v. Olaes Enterprises, Inc., No. D051391 Fourth Dist., Div. One. (Oct. 9, 2008) The One Sentence Summary: Unsuccessful trademark infringement claims asserted against the buyer of “Smile Now, Cry Later” Hot Sauce Monkey shirts supported the buyer’s claim that the seller breached the statutory implied warranty of section 2312(3)… Continue Reading

Even Reasonable and Narrow Non-Compete Agreements Are Barred by California Statute

Posted in IP/Brand Protection, Labor & Employment
Employment contracts with non-competition clauses are common outside of California, but a California statute, section 16600 of the California Business and Professions Code, prohibits non-compete contracts outside of a few statutory exceptions. In a decision issued on August 7, 2008, Edwards v. Arthur Anderson, No. S147190, the California Supreme Court held that section 16600 prohibits… Continue Reading

Proposed Legislation Would Provide Copyright Protection for Fashion Designs

Posted in IP/Brand Protection, Labor & Employment
Proposed Legislation: Senate Bill 1957, Design Piracy Prohibition Act The One Sentence Summary: The proposed Design Piracy Prohibition Act would provide copyright protection to fashion designs, whereas existing law only protects fashion labels from being copied by counterfeit merchandisers. Summary of Legislation: Senate Bill 1957 would provide copyright protection to a “fashion design,” which is… Continue Reading

Ninth Circuit Affirms Preliminary Injunction for Albertson’s Restraining Competing Retail Grocer from Using “Lucky” Trademark

Posted in IP/Brand Protection, Labor & Employment
Case: Grocery Outlet Inc. v. Albertson’s Inc., No. 06-16380 (9th Cir. 8/9/07) The One Sentence Summary: Ninth Circuit affirmed the district court’s granting of a preliminary injunction to Albertson’s, based on the possibility of irreparable injury and the strong likelihood of its prevailing on the merits despite competitor Grocery Outlet’s asserted defense of abandonment of… Continue Reading

Ninth Circuit Reverses Denial of Retailer’s Motion for Preliminary Injunction in Trademark Infringement Case

Posted in IP/Brand Protection, Labor & Employment
Case: Abercrombie & Fitch Co. v. Moose Creek, Inc., No. 06-56774 (9th Cir. 5/22/07) The One Sentence Summary: District court erred in denying Abercrombie & Fitch’s motion for a preliminary injunction against Moose Creek’s use of new marks by (1) misapplying the doctrine of judicial estoppel, and (2) erroneously concluding that the parties’ trademarks were… Continue Reading