In the world of business, contracts serve as the backbone of professional relationships and transactions. However, disputes over these agreements are not uncommon. When they arise, it’s crucial for businesses to manage them effectively to minimize impact on operations and finances. A strategic approach is vital for navigating these complex situations. Understanding the Nature of […]
In a contract dispute, the signed contract is critical evidence. When the original cannot be located, then a duplicate may be admissible under Federal Rule of Evidence 1003. If no signed copy can be located, then a prior draft could be admissible as “other evidence of the content” of the original under Rule 1004. But […]
A product label is misleading if “a significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled.” Moore v. Mars Petcare US, Inc., 966 F.3d 1007, 1017 (9th Cir. 2020) (analyzing claims brought under the UCL, FAL, and CLRA for false and misleading advertising); see also […]
U.S. Customs and Border Patrol (“CBP”) can seize imported goods entering the U.S. that bear an infringing a registered trademark or copyright that has been recorded with the CBP. at the was authorized to use its trademark. 19 U.S.C. § 1595a(c)(2)(C) (seizure and forfeiture of “merchandise or packaging in which copyright, trademark, or trade name protection […]
“Prejudgment interest is a measure that serves to compensate for the loss of use of money due as damages from the time the claim accrues until judgment is entered, thereby achieving full compensation for the injury those damages are intended to redress.” Schneider v. County of San Diego, 285 F.3d 784, 789 (9th Cir. 2002) […]