1. Articles in category: Big Law

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    1. Lady A, Formerly Lady Antebellum, Sues Singer Using Same Name

      Lady A, Formerly Lady Antebellum, Sues Singer Using Same Name

      Country group Lady A, which changed its name from Lady Antebellum last month in an effort to distance themselves from associations with slavery and the Civil War, filed a trademark lawsuit on Wednesday against blues singer Anita White, who also goes by the name Lady A.

      The band Lady A originally intended to work out a solution with White that would allow both to perform under the name Lady A—but in a statement, the band says they “reluctantly” decided to sue after White asked for $10 million and negotiations broke down, according to Billboard.

      According to the lawsuit, the band has held the trademark for “Lady A” since 2011, though White had been performing under the moniker for years ...

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    2. Delaware State University Announces Acquisition of Wesley College

      Delaware State University Announces Acquisition of Wesley College

      Delaware State University and Wesley College have announced a merger agreement, subject to a number of conditions. The two Dover institutions had earlier confirmed that talks were taking place. The Definitive Agreement calls for Delaware State University’s acquisition of Wesley College no later than June 30, 2021.

      Prior to the actual acquisition, both institutions will look for ways to cut costs. DSU will also seek financial assistance to complete the acquisition to avoid weakening its financial condition.

      “Despite so much uncertainty on many fronts nationally, this is a unique opportunity for the University and the State of Delaware. The time for bold innovation for young people is now, particularly for students who have made it to college by sheer ...

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    3. Ferrari Lost Trademark Rights to Most Expensive Car

      Ferrari Lost Trademark Rights to Most Expensive Car

      Italian supercar maker Ferrari has lost the trademark rights to the world’s most expensive car and arguably the most iconic car in its storied history, the 1962 Ferrari 250 GTO.

      Though the Ferrari 250 GTO only cost US$18,000 in the United States when they were new, one of them set a new record for the world’s most expensive car in 2018 when it sold privately for US$70 million.

      Ferrari lost its trademark to the shape of the 250 GTO by falling foul of the European Union Intellectual Protection Office’s (EUIPO) “Use It Or Lose It” rules.

      The rule, which Ferrari itself has used in litigation against other companies and even charities, was aimed Ferrari ...

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    4. Allstate Announces $4B Acquisition of National General

      Allstate Announces $4B Acquisition of National General

      Allstate Corporation, the largest publicly held personal lines property and casualty insurer in America, has announced the acquisition of National General Holdings Corp for approximately $4 billion in cash, or $34.50 per share, expanding its auto insurance business amid the COVID-19 pandemic.

      Allstate, which is also one of the largest U.S. auto insurers, said the National General shareholders will receive $32.00 per share in cash, including dividends anticipated to be $2.50 per share, providing $34.50 in total value per share. The auto insurer will also fund the share purchase by deploying $2.2 billion in combined cash resources and, subject to market conditions, issuing $1.5 billion of new senior debt.

      National General’s board ...

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    5. Apple and T-Mobile Face Lawsuit Over Exposed iMessages and FaceTimes

      Apple and T-Mobile Face Lawsuit Over Exposed iMessages and FaceTimes

      Apple and T-Mobile are facing a class action lawsuit over allegations that their failure to disclose a security issue that made it possible for third parties to access messages and video calls sent through Apple's iMessage and FaceTime apps jeopardized consumer privacy.

      The plaintiffs, Tigran Ohanian and Regge Lopez, say Apple misled customers by promoting the security of its products without disclosing a vulnerability that made it possible for strangers to access iMessage and FaceTime interactions.

      The complaint was filed on July 6 in the United States District Court for the Southern District of New York. Apple Insider and Bloomberg Law first discovered the complaint.

      The complaint refers to an issue that prompted an Apple ID — the account required ...

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    6. SiriusXM in Talks to Acquire Podcast Platform Stitcher

      SiriusXM in Talks to Acquire Podcast Platform Stitcher

      SiriusXM is in advanced talks to acquire podcast platform Stitcher from E.W. Scripps Co., sources tell The Hollywood Reporter.

      The acquisition gives the satellite radio company a foothold in the burgeoning podcast business, which is led by rival-in-audio Spotify. The deal is expected to be announced later this week, the sources said.

      A spokesman for SiriusXM did not respond to a request for comment. A spokeswoman for Stitcher declined to comment.

      In addition to the Stitcher app, the company also encompasses advertising arm Midroll Media and podcast network Earwolf, which is behind such shows as Scott Aukerman's Comedy Bang! Bang! and Office Ladies. The executive team has years of podcasting experience, which can help boost Sirius's know-how ...

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    7. Uber to Pay $2.65B to Acquire Postmates

      Uber to Pay $2.65B to Acquire Postmates

      Uber has agreed to acquire delivery service Postmates in a $2.65 billion all-stock deal. The ride-hailing company on Monday said the acquisition, which was reported earlier by Bloomberg, will boost its growing efforts in the delivery of groceries, essentials and other goods.  

      "Uber and Postmates have long shared a belief that platforms like ours can power much more than just food delivery," Uber CEO Dara Khosrowshahi said in a statement. "They can be a hugely important part of local commerce and communities, all the more important during crises like COVID-19."

      With many restaurants' dining rooms closed during the coronavirus pandemic, people have looked to delivery and pickup services like Postmates, Uber Eats, DoorDash and Grubhub for their meals. A ...

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      Mentions: Coronavirus
    8. Appeals Court to Hear 'Pirates of the Caribbean' Copyright Case

      Appeals Court to Hear 'Pirates of the Caribbean' Copyright Case

      The 9th Circuit Court of Appeals in Pasadena is set to hear arguments in the case of two screenwriters who claim Disney pirated their ideas for the smash hit “Pirates of the Caribbean” film series.

      The copyright lawsuit was dismissed by a judge :with prejudice” in May of 2019 after a Los Angeles district court judge ruled the films did not violate the copyright of writers Arthur Lee Alfred II and Ezequiel Martinez Jr., along with their producer, Tova Laiter, court documents show. The lawsuit alleged Disney has infringed on the writers copyright by lifting plot, characters, themes, mood, settings and pace from their work. But to each point, U.S. District Judge Consuelo B. Marshall determined the Pirates of ...

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    9. Youtube Faces Lawsuit Over Not Protecting Copyrights

      Youtube Faces Lawsuit Over Not Protecting Copyrights

      Grammy award-winning artist Maria Schneider on Thursday filed a class-action lawsuit against YouTube (as well as Google and Alphabet, Inc.) in California federal court accusing the giant video-sharing platform of failing to protect her and other “ordinary creators” from unauthorised copying and use of their work, reports TorrentFreak. 

      According to Schneider, YouTube’s system for policing copyright infringement protects the “behemoths of the creative industry” such as major studios and record labels, but leaves small producers like her to basically to look out for themselves.

      YouTube also restricts access to its takedown tools, profits from infringement, and fails to terminate repeat infringers, Schneider added. 

      “YouTube, the largest video-sharing website in the world, is replete with videos infringing on the rights ...

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    10. Warren Buffett's Berkshire Hathaway Acquires Dominion Energy Assets

      Warren Buffett's Berkshire Hathaway Acquires Dominion Energy Assets

      Warren Buffett’s Berkshire Hathaway is finally pulling the trigger. The conglomerate is spending $4 billion to buy the natural gas transmission and storage assets of Dominion Energy. Including the assumption of debt, the deal totals almost $10 billion. It’s Berkshire’s first major purchase since the coronavirus pandemic and subsequent market collapse in March.

      At his annual shareholder meeting in May, Buffett revealed that Berkshire had built up a record $137 billion cash hoard as financial markets tanked and that he hadn’t seen many favorable deals, despite the stock market’s swoon.

      “We have not done anything because we don’t see anything that attractive to do,” Buffett said at the time, suggesting that the quick actions ...

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      Mentions: Coronavirus
    11. Nike and Michael Jordan Sued for Allegedly Copying Logo

      Nike and Michael Jordan Sued for Allegedly Copying Logo

      An independent New York-based fashion brand is suing Nike and Michael Jordan for a whopping $30 million for allegedly hijacking its unique star-shaped logo and using it in a Jordan brand collaboration collection tied to the 2020 NBA All-Star Game. According to the complaint that it filed in a New York federal court on Monday, Faded Royalty claims that Nike, Michael Jordan, himself, and artist Cody Hudson, among others, are on the hook for copyright and trademark infringement for “intentionally and willfully creating apparel and other promotional goods using [its] ‘6 point’ star logo.”

      In the newly-filed complaint, Faded Royalty and its founder Rocco Giordano claim that “beginning in the year 2000, [they] created and began using their ‘6 point ...

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    12. Love's Acquires Two Freight Factoring Companies

      Love's Acquires Two Freight Factoring Companies

      Love’s Financial, a member of the Love’s Family of Companies, has acquired two freight factoring companies: Vero Business Capital of Memphis, Tennessee, and Foley Business Capital of Omaha, Nebraska.

      “We’re excited to welcome Vero and Foley and their customers to the Love’s Family of Companies,” said Shane Wharton, president of Love’s. “This transaction aligns with our strategic vision of growing our financial services business. We look forward to continuing the Vero and Foley commitment to serving their customers with value-added factoring services while combining that commitment with the entire suite of Love’s products and services.”

      Love’s is a nationwide network of travel stops with more than 520 locations and 390 truck service centers ...

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    13. Dish Network Acquires Boost Mobile

      Dish Network Acquires Boost Mobile

      Dish now owns Boost Mobile, bringing Dish — after years of speculation — into the consumer wireless market where it can start to compete with Verizon, AT&T, and T-Mobile.

      Boost was previously part of Sprint, which is now owned by T-Mobile. T-Mobile was required to sell Boost in order to get federal approval for its acquisition of Sprint, which closed in April. As part of the agreement, Dish is paying $1.4 billion for Boost and other Sprint prepaid assets. Dish also secured access to T-Mobile’s network for seven years, allowing its subscribers to use T-Mobile’s network while Dish builds out its own 5G service.

      Dish says the new Boost Mobile has more than 9 million subscribers. It’s ...

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    14. Four Popular Clothing Brands Hit with Patent Infringement Suits

      Four Popular Clothing Brands Hit with Patent Infringement Suits

      Four clothing brands, Giorgio Armani, Gucci, Levi Strauss and Nike were sued on Monday in the Western District of Texas by Hitel Technologies for patent infringement over their websites’ search and navigation systems, claiming these sites used its patented method.

      The patent-in-suit is U.S. Patent No. 7,689,617 (the ’617 patent), entitled “Dynamic Learning For Navigation Systems.” This patent covers “method performed in a system involves, at a node within the system, receiving an input from a user determining that the input contains an unknown word, presenting, at least one response to the user, and based upon at least one additional input from the user, learning one or more associations for the unknown word.”

      Hitel Technologies alleged that ...

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    15. Lululemon to Buy In-Home Fitness Company Mirror for $500M

      Lululemon to Buy In-Home Fitness Company Mirror for $500M

      Lululemon is acquiring the in-home fitness company Mirror for $500 million, the retailer announced Monday, marking its first acquisition with a bet that more people are going to be pivoting to exercise at their homes. Lululemon shares were up almost 4% in after-hours trading. 

      Following the closing of the deal, Mirror will run as a standalone company within Lululemon, and its current CEO, Brynn Putnam, will continue as Mirror’s CEO, reporting to Lululemon Chief Executive Calvin McDonald, the companies said. 

      The deal, which will be paid for in cash, is expected to close in the second quarter of fiscal 2020. Lululemon first invested $1 million in Mirror in mid-2019. Mirror, which launched in 2018, had raised $72 million from ...

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    16. Supreme Court Sides With Booking.com in Trademark Fight

      Supreme Court Sides With Booking.com in Trademark Fight

      “A generic name – the name of a class of products or services – is ineligible for federal trademark registration,” the Supreme Court held on Tuesday in its decision in the closely-watched booking.com case. However, while the nation’s highest court determined that such generic marks may not be registered with the U.S. Patent and Trademark Office (“USPTO”), adding a Generic top-level domain, such as “.com” to such a generic term is capable of changing the outcome, which is why “‘Booking.com’ – unlike the term ‘booking’ standing alone – is not generic” in the eyes of the court.

      In its decision, which was authored by Justice Ginsburg, the court held that “a term styled ‘generic.com’ is a generic name for ...

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    17. Amazon Sued Over Prime Video Copyright Infringement

      Amazon Sued Over Prime Video Copyright Infringement

      Amazon was sued for distributing four films on Amazon Prime Video without authorization or licensure in violation of the Copyright Act on Friday in the Southern District of New York.

      In 2008, Capella Films, Inc. sold plaintiff Ralf Hartmann their interests in multiple motion pictures, including “(i) Austin Powers: International [M]an of Mystery[;](ii) After the Rain; (iii) A Business Affair; (iv) Commander Hamilton; (v) Drop Dead Gorgeous; ([v]i) Fall; (vii) The Last Tattoo; (viii) Music From Another Room; and (ix) Pete’s Meteor.” Hartmann now owns or controls copyright and exclusive distribution rights to these films. He is also allowed to reproduce, perform, and display these works publicly.

      Amazon’s “internet video on demand and digital distribution ...

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    18. Orion and Brinker Capital Merge to Create $40B Business

      Orion and Brinker Capital Merge to Create $40B Business

      Orion Advisor Solutions is combining operations with turnkey asset management platform Brinker Capital. Financial details about the transaction were not divulged. The consolidation will create an investment manager ad technology firm with nearly $40bn in assets.

      Private equity firm Genstar Capital and Orion’s existing backer TA Associates will invest in the merged group. Both firms will have equal stakes in the combined business.

      Orion works with nearly 2,000 advisory firms and administers around $1trn in assets. It offers adviser tech to support tax-intelligent rebalancing, efficient billing, integrated planning, and automated compliance monitoring as well as a turnkey asset management programme. It also offers investment management through its business CLS Investments that focuses on ETF strategies.

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    19. Amazon to Acquire Self-Driving Company Zoox for $1.2B

      Amazon to Acquire Self-Driving Company Zoox for $1.2B

      Reports have emerged that Amazon.com AMZN will purchase self-driving startup Zoox for “more than $1.2B” with exact details of the deal not disclosed. Amazon says they plan to have Zoox realize its vision of passenger transport (robotaxi) service, which I will dub “AMAZOOX.” At the same time, it is hard to believe they don’t also have interest in robotic delivery and logistics, since that’s a huge part of their business.

      I have already done analysis twice on this deal — first when Zoox started shopping, and then when Amazon was revealed as the suitor. All the analysis in these articles remains similar. Today, two things become fact — the confirmation of the deal and Amazon’s declaration that ...

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    20. Nike Defeats Adidas in Long Running Patent Battle

      Nike Defeats Adidas in Long Running Patent Battle

      Nike has come out on top in the latest leg of a long-running web of legal battles with adidas over their respective knitted footwear. After beating out the German sportswear giant before the Patent Trial and Appeal Board (“PTAB”) in connection with its quest to invalidate a number of claims in two patents for Nike’s heavily-protected Flyknit technology, Nike has been handed a victory from the U.S. Court of Appeals for the Federal Circuit. 

      A 3-judge panel for the Federal Circuit determined that while adidas does, in fact, have standing to appeal the PTAB’s earlier inter partes review (“IPR”) decision, in which it held that adidas “had not demonstrated that the challenged claims [in Nike’s patents ...

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    21. Kodak Parent Company Sued for Patent Infringement

      Kodak Parent Company Sued for Patent Infringement

      DigiMedia Tech sued JK Imaging in the Central District of California on Wednesday for patent infringement for camera-related zoom and focus patents. The patents-in-suit are U.S. Patent No. 6,914,635 (the ’635 patent); 6,545,706 (the ’706 patent); 7,715,476 (the ’476 patent).

      The ’635 patent, entitled “Microminiature Zoom System for Digital Camera,” is “directed to technical solutions to the technical problem of providing, zoom, autofocus, and other specific features to increasingly compact digital cameras.” JK Imaging allegedly infringed on at least claim 1 of the ’635 patent through its Kodak PixPro AZ401 and other similar products.  DigiMedia claims that defendant’s product utilizes all of the elements specified in the patent.

      Specifically, the asserted product ...

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    22. Volkswagen in Talks to Acquire Europcar Mobility Group

      Volkswagen in Talks to Acquire Europcar Mobility Group

      Volkswagen (VW) is in talks to acquire French car rental firm Europcar Mobility Group, in a deal that would allow the German car maker to better capitalize on its fleet, people familiar with the matter said on Tuesday.

      The acquisition would come as Europcar struggles to cope with the economic fallout of the COVID-19 pandemic, which has weighed on travel around the world and sapped demand for car rentals. It would represent a reversal for Volkswagen, which sold Europcar to investment firm Eurazeo SE in 2006. Volkswagen has reached out to Europcar to express its interest in an acquisition and carry out due diligence, one of the sources said. The talks are preliminary and a deal is far from certain ...

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      Mentions: Coronavirus
    23. Amazon Faces Patent Infringement Lawsuit

      Amazon Faces Patent Infringement Lawsuit

      Amazon is facing a patent infringement lawsuit over several of its software and hardware products, including Amazon Echo, Echo Show, Fire Tablet, and Fire TV. The company is accused of appropriating 10 patents relating to internet-pads, wireless controllers, and communications software. The case is being held in the Western District of Texas before Judge Alan D. Albright.

      Plaintiff Flexiworld Technologies, Inc. asserts infringement of United States Patent Nos. 8,332,521 (“the ’521 Patent”), 8,989,064 (“the ’064 Patent”), 9,110,622 (“the ’622 Patent”), 10,133,527 (“the ’527 Patent”),10,140,072 (“the ’072 Patent”), 10,162,596 (“the ’596 Patent”), 10,387,087 (“the  ’087  Patent”), 10,481,846 (“the  ’846 Patent”), 10,489,096 (“the ...

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    24. Netflix Sued Over 'Enola Holmes' Film

      Netflix Sued Over 'Enola Holmes' Film

      The estate of Sherlock Holmes author Sir Arthur Conan Doyle is suing Netflix, Legendary and the author, writer and director behind the upcoming film Enola Homes over copyright and trademark issues.

      The movie stars Millie Bobby Brown as the much-younger sister of Sherlock Holmes, who proves to be a highly capable detective in her own right. The pic is based on The Enola Holmes Mysteries book series by Nancy Springer, who also is a defendant. Henry Cavill, Helena Bonham Carter, Sam Claflin, Fiona Shaw and Adeel Akhtar also star in the film that is set to stream on Netflix.

      In a 19-page complaint filed Wednesday in New Mexico federal court (read it here), the estate claims the “copyright infringement arises ...

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