A company that invents original technologies, unique compositions, or special development processes (“IP”) knows intuitively that it must protect those interests to stay ahead of the competition. However, knowing how to protect that IP is not quite so instinctual.
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U.S. Court of Appeals Addresses Presumption of Irreparable Harm: Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc.
The U.S. Court of Appeals for the Third Circuit recently was asked to determine whether “a party seeking a preliminary injunction pursuant to the Lanham Act, is entitled to a presumption of irreparable harm.” Ferring Pharms.. Inc. v. Watson Pharms.. Inc., 2014 U.S. App. LEXIS 16426 at *1 (3d Cir. N.J. Aug. 26, 2014). The Court, departing from the decisions of many federal courts over the years, held that a trademark owner who seeks to enjoin someone else from unlawfully using his trademark, must establish irreparable harm through competent proofs, and may not rely on a “presumption” of such harm.
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Settlement in Slimquick/Liquid Hoodia Class Action
Stark & Stark is representing a group of plaintiffs in a class action arising from the sale of several weight loss products in the United States including, Liquid Hoodia, Slimquick and NV products. If you, or someone you know, has purchased these products in the United States for personal use and not for resale between January 1, 2003 and August 5, 2011, you could receive a cash payment from a class action settlement.
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NuvaRing® Case Management Conference Scheduled
Judge Martinotti, who presides over the NuvaRing® mass tort cases in the Superior Court of New Jersey – Bergen County, will hold a case management conference on March 11, 2011. At this conference, the judge will hear Defendants’ motion to dismiss Millian v. Organon. Defendants claim the statute of limitations has expired and the action is barred. Underlying the statute of limitations issue in this motion is a choice of law issue. The Court will address whether to apply the statute of limitations of Virginia, the plaintiff’s home state where her injuries were diagnosed, or New Jersey, the state where the action is filed. The Court’s decision will likely apply to the remaining matters filed in this mass tort.
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Copyright and the Internet: Protecting The Content of Your Website
In this day, virtually every successful business has a presence on the internet. The importance of a website to a company’s marketing strategies, its product sales and its overall image cannot be understated. Yet, many businesses often neglect to take steps to protect the content on their website. They seem to forget that as easy as it is to place content online, it is even easier to copy it without permission. Digital technology has made it enormously simple for one individual to instantly become a large publisher of information.
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YAZ®, Yasmin® and Ocella® – How to Determine Where a Case Should be Heard
YAZ®, Yasmin® and Ocella® are the subject of mass tort litigation treatment in the state courts of New Jersey and Pennsylvania, and MDL treatment in the federal courts, Southern District of Illinois. In many cases, based on the state of residence of the plaintiff, plaintiff’s counsel must make a determination as to which forum would be best for the plaintiff’s case. There are numerous factors that must be weighed in making this determination.
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Courts in the United States Have Consolidated NuvaRing® Lawsuits on Both the State and Federal Levels
As we have discussed in previous posts, pending lawsuits against the manufacturers of NuvaRing®, state that the birth control product has led to severe side-effects such as: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism.
Continue Reading Courts in the United States Have Consolidated NuvaRing® Lawsuits on Both the State and Federal Levels
New Jersey State Courts Consider Granting Mass Tort Designation to YAZ®, Yasmin® and Ocella® Cases
As we have discussed in previous posts, studies have shown that the ingredients contained in YAZ®, Yasmin® and Ocella® have been linked to various forms of severe side-effects. Reportedly, these side-effects include: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage (including gallbladder damage), myocardial infarction and pulmonary embolism. Recently, a large number of YAZ®, Yasmin® and Ocella® cases have been designated as Mass Tort or Multidistrict Litigation (MDL) cases.
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Retrofitness Sued By New Jersey Fitness Club Owners
Model A Fitness of Boonton, New Jersey has sued Retrofitness for fraud, consumer fraud, breach of contract, and violations of New Jersey’s Franchise Practices Act. Retrofitness Enterprises and Retrofitness Corp. owns, operates and franchises body building, health and fitness facilities under the “Retrofitness” trademark. The Retrofitness lawsuit is being watched by franchisors and franchisees alike.
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A Few Things Everyone Should Know About Copyright Law
Copyright law is often the first and best line of defense against unauthorized reproduction of the products of the creative mind. As important as the law is to the work of so many firms, such as advertising agencies, software developers, artists and music publishers, it is a frequently misunderstood law.
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