During the early 1900s, manufacturers and wholesalers of alcoholic beverages “tied” retailers to them by providing them with loans, reduced rents, free equipment and other means. Such “tied-house” arrangements caused a vast growth of the number of saloons and bars, resulting in various social evils.
Lanham Act Violated In Intellectual Property Case.
Plaintiffs are the children of celebrity Bob Marley who formed an entity to exploit the assets, rights and commercial interests of the now deceased Marley. Defendants purchased photographs of Marley from a photographer and produced Bob Marley T-shirts which were sold by Target, Walmart and other retailers. Plaintiffs sued defendant, alleging four causes of action. […]
Unsuccessful False Advertising Claim Based On Misrepresentations In Commercial E-Mails.
Business and Professions Code section 17529.5 states it is unlawful to advertise in a commercial email when it contains or is accompanied by falsified, misrepresented or forged header information. The plaintiffs here brought an action under that statute on the theory the advertiser “sent them unsolicited commercial email advertisements purporting to be from ‘Proactiv Special […]
Upsetting The Apple Smart.
Plaintiff brought a class action against Apple, Inc., alleging that Apple falsely advertised iPhone 3G to be “twice as fast” as the iPhone 2G. The trial court sustained Apple’s demurrer and dismissed the action on the ground plaintiff failed to join the cellular network carrier for the iPhone 3G as a necessary party under Code […]
Unfair Competition Action Decided By U.S. Supreme Court.
Plaintiff sells the only style of toner cartridges that work with the company’s laser printers, but ‘remanufacturers’ acquire and refurbish used plaintiff’s cartridges to sell in competition. Thus, plaintiff gives its customers a discount on new cartridges if they agree to return empty cartridges to plaintiff. Each cartridge has a microchip that disables the empty […]
Settlement Agreement Declared Void By Court.
In 2002, the city of Los Angeles amended its municipal code to ban off-site advertising signs and alterations and enlargements to existing off-site signs, along with an inspection program involving an inspection fee. An outdoor advertising business brought a reverse validation action under Code of Civil Procedure section 860, [The validation statutes permit a local […]