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Supreme Court

Supreme Court of the United States (cert denied); Third Circuit (opinion below)
Uncategorized

CareDx v. Natera — Supreme Court Declines to Resolve Whether Juries May Infer Consumer Deception from Deliberately False Advertising

The Supreme Court denied certiorari in CareDx v. Natera, leaving intact the Third Circuit’s ruling that proof of actual consumer deception is required to support Lanham Act damages even when advertising is deliberately and literally false.

U.S. Court of Appeals for the Ninth Circuit
Uncategorized

Russell v. Walmart — Supreme Court Declines to Address Platform Liability for Third-Party Copyright Infringement in Product Photographs

The Supreme Court left standing a Ninth Circuit ruling that Walmart was not directly liable for copyright infringement in product photographs uploaded by a third-party drop-ship vendor, declining to resolve a circuit split over the volitional conduct test for online platform copyright liability.

Federal Circuit
Uncategorized

Curtin v. United Trademark Holdings — Supreme Court Leaves in Place Bar on Consumer Standing to Challenge Trademark Registrations

The Supreme Court declined to review a Federal Circuit decision holding that a consumer and law professor lacked statutory standing to challenge the registration of RAPUNZEL as a trademark for dolls, leaving in place a strict rule requiring trademark challengers to show a direct commercial injury.

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