Tags » Preemption

Consumers can't bring the claim that Pom could against Minute Maid

Stansfield v. Minute Maid Co., 2015 WL 4873685, No.
4:14cv290 (N.D. Fla. Aug. 13, 2015)

The court kicked out consumer protection claims based on the… 1,163 more words

Copyright infringement is channeled into (c), not state or Lanham Act claims

Quadratec, Inc. v. Turn 5, Inc., 2015 WL 4876314, No.
13–6384 (E.D. Pa. Aug. 13, 2015)

The parties compete to sell removable soft tops and other… 513 more words

pre-empt

“Tonight’s episode has been pre-empted.” Pre-empted! How peremptory! Is it cancelled or just postponed? Wait – pre-emption is postponement? Well, that’s preposterous. 256 more words

Word Tasting Notes

IPSC: Other IP

Other IP

Sarah Burstein, The University of Oklahoma College of Law

Reviving Ornamentality

Fed. Cir. killed the doctrine. Statute says new, original, and ornamental
designs can get a design patent—word has been in the statute from the… 2,290 more words

AZ Appeals Court Holds State Statute Prohibiting Outright Municipal Bans on “Sign Walkers” Regulated a Matter of Statewide Interest and Preempted Municipal Ordinance

Arizona Revised Statutes (“A.R.S.”) § 9–499.13, as amended in 2014, prohibits outright municipal bans on sign walkers, i.e., persons who wear, hold, or balance a sign. 387 more words

Current Caselaw

WI Appeals Court Finds City Ordinance Conflicted with a Preemptive State Statute Addressing Parking Signs

Mark Slusarczyk was cited for violating City of Eagle River, Wis., Zoning Ordinance § 106–683, which provides: “Off-premises signs are allowed by a conditional grant. One double-sided sign is allowed per business with a maximum size of 180 square feet per side.” The citation he received stated that Slusarczyk had an “off premise sign on property promoting other business activity.” The City of Eagle River, Wis., Zoning Ordinance § 106–631 defined an off-premises sign as “a sign which directs attention to a business, product, service, or entertainment not conducted, sold or offered upon the property where such sign is located.” Slusarczyk appealed a trial court judgment finding he violated a City of Eagle River sign ordinance. 301 more words

Current Caselaw

Trade Secrets and Removal Based on Copyright Preemption

Jurisdiction and removal may not sound like hot topics, but these considerations are critical and sometimes dispositive. Real talk: Certain state court systems are terrible places to litigate. 1,497 more words

Trade Secrets