Antitrust / Competition Law

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 […]

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” […]

“Piece of the Action” Element Bars Preemption of Claim

by Janette Spencer-Davis, Legal Editor, CCH Copyright Law Reports A screenwriter’s state law breach of implied contract claim, alleging that a television producer and television network used his concept for a television series without compensating him, was not preempted by the Copyright Act, the U.S. Court of Appeals in San Francisco held. The understanding that […]

Plastic Baby Bottle Settlement Agreement Approved

by Jody Coultas, State Unfair Trade Practices Law An agreement to settle a consumer protection class action filed by baby product purchasers was approved as a fair, adequate, and reasonable by the federal district court in Kansas City. A class of baby product purchasers was certified for settlement purposes. Baby product purchasers filed a multi-state […]

Arbitration Provision Limitations Were Not Unconscionable

by Peter Reap, Legal Editor, CCH Business Franchise Guide. A California trial court erred in denying a motion by a franchisor of supermarket sushi bars to compel arbitration of its dispute with a franchisee, according to a California appellate court. Even if the arbitration provision’s delegation clause –which specified that an arbitrator and not a […]

Increase of Dealer Rents Was Not “Material Modification”

by Peter Reap, Legal Editor, CCH Business Franchise Guide. A gasoline station franchisor did not violate the California Franchise Investment Law’s (CFIL’s) disclosure requirements by failing to make required disclosures when it increased the rent charged to many of its franchisees, according to a federal district court in San Jose, California. Thus, the franchisor’s motion […]

Husband, Wife Did Not Form Association-in-Fact Enterprise

by Mark Engstrom, Legal Editor, RICO BUSINESS DISPUTES GUIDE A husband and wife doing business under a fictitious business name could not form an association-in-fact enterprise for the purpose of stating a RICO claim, the federal district court in Sacramento, California, as ruled. A company that provided engineering services for the government of India alleged […]

Threat of U.S. Challenge Leads Nasdaq to Abandon Pursuit of NYSE

by Jeffrey May, CCH Trade Regulation Reports Nasdaq OMX Group, Inc. and IntercontinentalExchange (ICE) have withdrawn their proposal to acquire NYSE Euronext in the face of antitrust objections from the Department of Justice. Under the proposal, rejected by NYSE, Nasdaq would have gained control over NYSE’s stock listings business, stock trading venues, and market data […]