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Article

Loeb & Loeb LLP | USA | 19 Oct 2011

Leatherman Tool Group, Inc. v. Coast Cutlery Co

District court denies motion for preliminary injunction in a false advertising action brought by manufacturer of knives, concluding that under Supreme Court eBay v. MercExchange decision, irreparable harm may not be presumed once there is a showing of a likelihood of success on the merits.

Article

Loeb & Loeb LLP | USA | 27 Apr 2011

Flowserve Corp. v. Hallmark Pump Co., Inc

Court grants summary judgment in favor of plaintiffs, on claims that defendant’s use of two copyrighted images of plaintiffs’ products on its website constituted both willful copyright infringement and willful false advertising.

Article

Loeb & Loeb LLP | USA | 25 Aug 2010

Jules Jordan Video, Inc. v. 144942 Canada Inc

Ninth Circuit holds that adult filmmaker’s right of publicity claim under California state law is preempted by the federal Copyright Act and that the district court erred in entering judgment as a matter of law that plaintiff employee lacked standing to sue for infringement under the “work for hire” doctrine where plaintiff employer and plaintiff employee were one and the same.

Article

Loeb & Loeb LLP | USA | 7 Apr 2010

Tiffany (NJ) Inc v eBay Inc

Second Circuit affirms district court judgment in favor of eBay on Tiffany’s direct and contributory trademark infringement and dilution claims based on eBay’s alleged facilitating and advertising of the sale of “Tiffany” goods that turned out to be counterfeit, and remands the false advertising claim because the court was unable to affirm on the record before it that eBay’s advertisements related to the sale of Tiffany goods on its website were not likely to mislead or confuse consumers.

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