(United States Ninth Circuit) - Granted a new trial in a copyright case involving a claim that Led Zeppelin copied key portions of its hit Stairway to Heaven from a song written by a musician named Randy Wolfe. Held that several jury instructions were erroneous and prejudicial, including the instructions on originality, and thus vacated the jury's verdict of no infringement.

(United States Ninth Circuit) - In an amended opinion, held that an Egyptian musical composer's heir could not sue the rapper Jay-Z and other defendants for copyright infringement. Jay- Z had sampled the composer's 1957 musical arrangement in one of his hit songs. Affirmed judgment as a matter of law for the defendants, concluding that the composer's heir lacked standing.

(United States Ninth Circuit) - In a copyright infringement lawsuit against the real estate website Zillow, reversed a judgment after a jury trial, in part. A photography studio claimed that Zillow violated its copyrights in photographs of homes.

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(United States Fifth Circuit) - In a case related to the Deepwater Horizon oil spill, affirmed the dismissal of claims brought by individuals and associations located in Mexico that relied on the fishing industry as a primary source of income, citing noncompliance with certain procedures ordered by the district court.

(United States Fifth Circuit) - In a case involving the Deepwater Horizon Class Action Settlement Agreement, held that the district court erred in analyzing certain business claims for economic loss. The issue had to do with the process of matching revenues and expenses. Reversed and remanded.

(United States Third Circuit) - In long-standing litigation concerning the alleged misuse of the pesticide dibromochloropropane (DBCP) on banana farms throughout Central America and the related health effects on more than two hundred foreign agricultural workers, the Delaware District Court's application of the first-filed rule to dismiss the case with prejudice is affirmed where there was no abuse of discretion in dismissing the plaintiff's actions in favor of the first-filed litigation in Louisiana.

(United States First Circuit) - In a lawsuit over the trademarking and continued sale of a chicken sandwich, alleging violations of the Lanham Act and Copyright Act, the district court's order dismissing the federal claims and declination of jurisdiction over the supplemental Puerto Rico law claims is affirmed where: 1) there was no violation of the Copyright Act because neither the name "Pechu Sandwich" nor the recipe are eligible for copyright protection; and 2) the complaint fails to sufficiently plead that defendant committed fraud in the procurement of a federal trademark for the sandwich.

(United States Second Circuit) - In an international trademark action involving rival claims to the "Stolichnaya" trademarks, the district court's dismissal is vacated in part and affirmed in part where: 1) considerations of international comity precluded the district court from determining that the Russian Federation's assignment of trademark rights to plaintiff was invalid under Russian law and dismissing plaintiff's claims under section 32(1) of the Lanham Act for lack of standing; but 2) plaintiff's remaining claims are barred by res judicata and laches.

(United States First Circuit) - In a consolidated criminal appeal, one defendant's sentence and both defendants' convictions of conspiring to defraud the U.S. and its agency, HUD, in violation of 18 U.S.C. section 371, are affirmed over defendants' meritless claims of error regarding: 1) void for vagueness; 2) insufficient evidence; 3) jury pool contamination; 4) credibility bolstering; 5) prejudicial cross examination; 6) mens rea; 7) supplemental instruction; and 8) improper sentencing.

(United States First Circuit) - In cross-appeals that arise from the ongoing efforts by two brothers to satisfy a multi-billion dollar judgment they won against the Republic of Cuba and other Cuban parties, the District Court's ruling, that certain assets they seek to attach to satisfy that judgment are not the property of the Cuban government and thus are not subject to attachment in satisfaction of their judgment, is affirmed where: 1) the District Court had the authority to revisit its initial determination that Cuba owned the assets subject to the February 12 turnover order because it was not a final judgment; 2) dismissal was proper because U.S. courts will not give extraterritorial effect to a foreign state's confiscatory law. Denial of defendant's motion for attorney is affirmed.

(United States Third Circuit) - In a section 1983 suit against several county entities and individuals, alleging various constitutional violations, including defendant's retaliation against plaintiff for publicly opposing of defendant's reelection as the President of the Moosic, Pennsylvania Borough Council, the district court's decision denying defendant's claim to qualified immunity is reversed where he is entitled to qualified immunity because his conduct, even if plaintiff's allegations are true, did not violate clearly established law.

(United States Federal Circuit) - Affirming the Court of International Trade's affirmation of the US Department of Commerce's findings following a review of the antidumping duty order on certain frozen warmwater shrimp from India.

(United States Second Circuit) - Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of fact in her sex discrimination case. Finding plaintiff’s arguments fail on the merits, the panel affirms.

(United States Seventh Circuit) - Reversed. The court reversed the dismissal of a class action consumer fraud and deceptive business case involving cat food labeled prescription cat food that was not materially different from regular cat food. The fraud claim was sufficiently pled and the Food, Drug and Cosmetic Act's safe harbor didn't apply.

(United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal.

(United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to defendant correctional employees in a suit brought by a prisoner was proper because the plaintiff failed to exhaust his administrative remedies and the defendant's didn't provide objectively unreasonable medical care.

(United States Seventh Circuit) - Vacated and remanded. The district court dismissal of a suit for failure to exhaust remedies was vacated because the claims of discrimination had been exhausted before the Equal Employment Opportunity Commission.

(United States Fifth Circuit) - Vacated. The district court erred in finding that plaintiffs lacked standing under Delaware law to bring a direct action against investment advisors instead of initiating a derivative action. They only need to plead an arguable position that they were not relegated to derivative actions.

(California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed.

(California Court of Appeal) - In a property matter, judgment quieting title to an adjacent property owned by defendant is affirmed where the easement benefiting plaintiff and burdening defendant was extinguished by merger.

(California Court of Appeal) - In a property matter, judgment quieting title to an adjacent property owned by defendant is affirmed where the easement benefiting plaintiff and burdening defendant was extinguished by merger.

(United States Ninth Circuit) - Dismissal of a class action complaint alleging false statements contained in a merger agreement with a third party company is affirmed where the plaintiff has not pled facts that would either directly or indirectly give rise to a strong inference of scienter on the part of those officers responsible for making the false statements contained in the merger agreement.

(California Court of Appeal) - In a shareholder derivative action against officers and directors of Countrywide Financial Corporations, alleging that defendants had mismanaged the company's mortgage lending business and other claims, trial court's dismissal of the complaint is affirmed where: 1) pursuant to the continuous ownership rule, plaintiff had no standing to maintain shareholder derivative claims on behalf of Countrywide after its acquisition by Bank of America Corporation and merger into another corporation; and 2) Arkansas Teacher Retirement System v Caiafa cannot be read to support plaintiff's contention that he has adequately alleged a factual basis for application of the fraud exception to the continuous ownership rule based on dicta in that case.

(California Court of Appeal) - Affirmed. Plaintiff appealed from order of the probate court denying their request that special needs trust be distributed to them rather than Department of Health Care Services. Appeals court found Department was entitled to reimbursement for Medi-Cal expenses.

(Supreme Court of California) - Reversed. Plaintiffs are state correctional employees who sought additional compensation for pre and postwork activities that include walking from outermost gate of prison to their work posts. The court divided Plaintiffs into two groups: union and non-union. The appeals court held that the non-union employees were entitled to overtime. The California Supreme Court held the union employees were not entitled to additional compensation because their collective bargaining agreement took that into account. And the non-union were not entitled because the walking time did not fit the definition of compensable work time under the Pay Scale Manual.

(United States Ninth Circuit) - Affirmed. District court granted summary judgment to Defendant police department against Plaintiff’s claim of civil rights violations for seizure of firearms from residence and failure to return them.

(California Court of Appeal) - Reversed. Defendant was convicted in 1995 of shoplifting $18 worth of beer. In 2014, Proposition 47 was passed that allowed prior felony charges to be re-characterized as misdemeanors, Defendant filed a petition to make that request. The trial court denied the petition. The appeals court reversed stating that the trial court incorrectly interpreted the statute.

(California Court of Appeal) - Affirmed. Defendant was convicted of first-degree murder on a felony-murder theory. Defendant challenged his convictions in part based on Senate Bill 1437 that amended the felony-murder rule. The appeals court concluded that Defendant was not entitled to relief, but that relief could be available to other defendants by petitioning their trial courts.

(United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis.

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(United States Federal Circuit) - Returning once again after climbing and descending the appellate ladder several times, the court held that the defendant had not forfeited its preemption defense and that the Biologics Price Competition and Innovation Act preempts state law remedies for an applicant's failure to comply with aspects of the Act, and affirming the dismissal of the state law claims.

(California Court of Appeal) - Affirming the trial court's conclusion that Monsanto and others failed to state a claim in a suit where they averred that Proposition 65's reliance on the International Agency for Research on Cancer's determinations about which chemicals cause cancer improperly granted a foreign entity authority over domestic affairs.

(United States Ninth Circuit) - Denying a petition for writ of mandamus seeking to reverse an order transferring a petitioner's class action from the US District Court for the Southern District of California to the United States District Court for the Eastern District of California because it was a clear error to transfer to a venue that was not proper under the general venue statute, but despite the clear legal error there was no practical impact the case would have on the procedural posture and any injury faced was purely speculative, so the extraordinary remedy of mandamus was not warranted.

(United States Federal Circuit) - Affirmed a finding of patent claim invalidity involving certain claims related to a drug distribution system for tracking prescriptions of sensitive drugs, such as those with addictive properties. In affirming, the Federal Circuit held that the Patent Trial and Appeal Board did not err and that its determination, on inter partes review, that the patents were invalid was obvious.

Welke whiteboard-tools kun je online gebruiken, hoe kun je veilig videobellen via Zoom, en wat is de beste bedrijfsstrategie tijdens de coronacrisis? Dit – en meer – zijn de best gelezen artikelen op Frankwatching in de maand april. 1. Zoom & privacy: zo kun je veilig videobellen [how to] Zoom stond de afgelopen weken vol […]

Fans. Veel bedrijven proberen van hun fans klanten te maken, maar het omgekeerde realiseren is net zo belangrijk. Een doorsnee klant kan zomaar overstappen naar een concurrent. Daarentegen zal een klant die echt fan is, je trouw blijven én anderen aanzetten om je product ook uit te proberen. Fans zijn daarmee grote aanjagers van aankoopbeslissingen. […]

Webshops draaien op volle toeren en het zoekgedrag is enorm veranderd. Het zijn ook vreemde tijden voor SEO-specialisten, iets wat we nog maar weinig meegemaakt hebben. Dit heeft een enorme impact op de manier waarop SEO-specialisten te werk moeten gaan. Samen met Jan-Willem Bobbink, Dieuwerke Antoons en Diantha van Surksum heb ik enkele tips neergetypt […]

Nu we middenin de coronacrisis zitten en we voorlopig ook nog steeds met de beperkende maatregelen hebben te maken, hebben veel bedrijven het moeilijk. We weten niet hoe lang de situatie nog zo blijft. Als er op een bepaald moment nieuwe ontwikkelingen zijn, zoals een versoepeling van de maatregelen, dan wil je natuurlijk zo snel […]

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The Venezuelan military defector identified as the ringleader of the botched coup attempt in Venezuela was likely working as a "double agent" for the same man he allegedly attempted to overthrow, socialist narco-dictator Nicolás Maduro, Breitbart News has learned.

Queen Elizabeth II marked the 75th anniversary of Victory in Europe Day with an address to the British Commonwealth honouring the sacrifice of the fallen.

The wreath-laying ceremony took place outdoors on Friday at the World War II Memorial in Washington, DC, where seven World War II veterans joined the president and first lady.

(United States Fourth Circuit) - In a suit brought by a company in the business of selling internet domain names and operates the popular .com and .net top-level domains, alleging its competitor made a series of statements touting the popularity of the .xyz domain and warning of a scarcity of desirable .com domain names which violated the Lanham Act's false advertising provisions, the district court's grant of summary judgment to defendant is affirmed where: 1) as to defendant's self-promoting statements, most of which concern its registration numbers, plaintiff failed to produce the required evidence that it suffered an actual injury as a direct result of defendant’s conduct; and 2) plaintiff did not establish that defendant's statements about the availability of suitable .com domain names were false or misleading statements of fact, as required for Lanham Act liability.