The Ninth Circuit affirms a preliminary injunction against a trademark licensee who claimed priority rights, holding that a licensee’s use of marks inures to the licensor under the Lanham Act and that later rescission of the licensing agreement does not retroactively change trademark priority.
Ninth Circuit holds that an automobile manufacturer that was not a party to a consumer’s lease agreement with a dealership cannot enforce the lease’s arbitration or delegation clause, reaffirming Kramer v. Toyota and applying the California Supreme Court’s Ford Motor Warranty Cases
The Ninth Circuit reversed dismissal of a California consumer fraud class action, holding that a licorice product’s “Free of Artificial Colors & Flavors” label can mislead reasonable consumers when the product allegedly contains petroleum-derived DL malic acid as a flavoring.
The Ninth Circuit denied mandamus in the Super Micro Computer securities case and clarified that the standard for rebutting a presumptive lead plaintiff’s adequacy under the PSLRA is preponderance of the evidence, not the lower ‘genuine and serious doubt’ threshold.
The Ninth Circuit affirms placement of a southern-California tribe on ATF’s PACT Act non-compliant list, holding that the tribe’s remote cigarette sales to other California tribes are off-reservation activities subject to California’s licensing and excise-tax laws.
The Ninth Circuit reverses the dismissal of the County of San Bernardino’s coverage suit against ICSOP for cleanup costs at the Chino Airport, holding that the policies’ aggregate limits provision is ambiguous and does not cap property-damage coverage.
The Ninth Circuit holds that GARA’s rolling provision restarts the 18-year statute of repose for replacement aircraft parts even when the new part is identical to the original, reviving a wrongful-death suit against Torrance-based Robinson Helicopter Company over a fatal Hawaiian sightseeing c
The Ninth Circuit reverses dismissal of a California consumer class action against Target over allegedly impossible 800-thread-count cotton sheets, holding that the literally false advertising framework applies when a label is unambiguous and that a physically impossible claim can still deceive a re
The Ninth Circuit affirms dismissal of a California consumer class action against Brita, holding that no reasonable consumer would expect a low-cost water filter to remove every common contaminant when the packaging only claims to ‘reduce’ specific listed contaminants and directs buyers