Faruki Blog

About Melinda Burton

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Surprising or Not: Noerr-Pennington Doctrine Protects Novartis from Two Class Action Antitrust Lawsuits

A defendant accused of violating the antitrust laws has a powerful, well-established defense, if it can prove it, of immunity based on the Noerr-.. Read More

Does a Herbicide Make Rachel Ray's Nutrish Dog Food Not "Nutrish"? One Pet Owner Thinks So.

On August 1, 2018, a pet owner in Bronx County, New York filed a nationwide Class Action Complaint against Rachel Ray Nutrish (via Ainsworth Pet.. Read More

UPDATE: 1-800 Contacts' Reply Brief and Oral Argument Scheduled in the FTC's Antitrust Case Against 1-800 Contacts

In this latest update on the FTC's case against 1-800 Contacts, I can report that on February 27, 2018, 1-800 Contacts filed a Reply Brief on Appeal.. Read More

Lucarell v. Nationwide – A Case All Commercial and Contract Lawyers Should Read

The Supreme Court of Ohio reaffirms and clarifies law in Ohio on breach of contract, implied duty of good faith, punitive damages, releases of.. Read More

Nominative Fair Use in the Second Circuit – A New Approach?

"Nominative Fair Use": what is this doctrine and how are the courts recognizing and applying it to claims of trademark infringement under the Lanham.. Read More

Update on New York Giants Jason Pierre-Paul's Invasion of Privacy Lawsuit Against ESPN and Adam Schefter

Fireworks, football, the First Amendment and privacy have converged in a lawsuit filed by New York Giants defensive end Jason Pierre-Paul against.. Read More

Update on Coca-Cola's Trademarking of Twitter Hashtags

In what may be a growing trend in social media marketing, attempting to trademark Twitter hashtags -- a phrase or keyword preceded by the symbol # to.. Read More
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