U.S. Urges High Court Not to Review Decision Enforcing Subpoenas in Antitrust Investigation

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. The U.S. Supreme Court should not review a decision of the U.S. Court of Appeals in San Francisco (CCH 2011-1 Trade Cases 77,467) enforcing grand jury subpoenas served on law firms in an antitrust investigation, the Department of Justice contended in a […]

Infant Formula Maker’s Ads About Store Brands Barred

This posting was written by William Zale, Editor of CCH Advertising Law Guide. Infant formula manufacturer Mead Johnson was properly enjoined from publishing any advertisement containing a false representation about store brand infant formula produced by PBM Products, the U.S. Court of Appeals in Richmond has ruled. In addition to affirming the permanent injunction (CCH […]

Attempt to Enforce California Post-Term Covenants Not to Compete Can Be Malicious Prosecution

This posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages. In an unusual action for malicious prosecution, the Court of Appeal of California, First District, in a not-for-publication opinion, has held that U-Haul’s actions in bringing a lawsuit in California to enforce a covenant not to […]

Focus on Franchising

This posting was written by John W. Arden. News and notes on franchising and distribution topics: □ The program for the 34th annual meeting of the ABA Forum on Franchising has been released by the American Bar Association. Entitled “Flying the Flag of Franchising,” the meeting will be held October 19-21, 2011 in Baltimore. The […]

National Market for Air Travel Inappropriate for Analyzing Merger

by Jeffrey May, CCH Trade Regulation Reports A private suit for a preliminary injunction blocking the merger of United Airlines and Continental Airlines was properly dismissed, the U.S. Court of Appeals in San Francisco has ruled in a not-for-publication decision. The plaintiffs –airline travelers and travel agents –failed to define a valid relevant market for […]

Improperly Defined Relevant Markets Doom Private Merger Challenges

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. Recently, the U.S. Court of Appeals in San Francisco rejected two appeals in private merger challenges based on improper relevant market definitions. Air Travel A private suit for a preliminary injunction blocking the merger of United Airlines and Continental Airlines was properly […]

Facebook Users’ Privacy Claims Dismissed

This posting was written by Cheryl Beise, Editor of CCH Guide to Computer Law. The federal district court in San Jose has dismissed claims filed by a putative class of Facebook users who alleged that the social networking website unlawfully transmitted their personal information to third-party advertisers without their consent. The users’ California Legal Remedies […]

Trade Regulation Tidbits

This posting was written by the editorial staff of the CCH Trade Regulation Reporter. News, updates, and observations:  U.S. Senator Herb Kohl (D, Wis.) has announced that he will not seek another term in 2012. Kohl, who is the chairman of the Senate Judiciary Committee’s Antitrust Subcommittee, is currently serving his fourth term in […]

PepsiCo Enjoined from Using POLAR SHOCK Mark on Slushes

by Thomas Long, Legal Editor, CCH Trademark Law Guide A soft drink bottler (Polar Corp.) that sold bottled water, soda, and other soft drinks under the brand POLAR was entitled to a preliminary injunction barring competitor PepsiCo from using a family of marks based on the phrase POLAR SHOCK in connection with a line of […]

Use of TV Show Title on Merchandise Could Confuse

Use of TV Show Title on Merchandise Could Confuse by Thomas Long, Legal Editor, CCH Trademark Law Guide The owner of a Michigan-based retail business specializing in products for home cooks sold under the registered mark “Bitchen Kitchen” was entitled to a preliminary injunction barring the Canada-based producers of a television show called “Bitchin’ Kitchen” […]