Category Archives: Commercial Litigation
When Companies File Trademark and Libel Lawsuits against Each Other
In September, one energy company (Monster) filed a direct lawsuit against a similar corporation Vital Pharmaceuticals Inc. (VPX), claiming that it violated federal trademark statutes, unfair competition, false advertising, and trade libel laws; and demanding a jury trial. The lawsuit highlights just how business disputes often arise and result in litigation between companies in… Read More »
Tesla’s Elon Musk Sued by Shareholder
In a shareholder dispute that has captured headlines, one of the world’s most high-tech automotive companies, Tesla, and its CEO and entrepreneur Elon Musk, were sued by its own shareholders, who claim that Musk illegally inflated the company’s share price via tweeting about taking the company private in August. Reportedly, Musk tweeted that his… Read More »
Case Argued Before Texas Supreme Court Has Broad Implications for Companies & Anonymous Users
An interesting case that was argued in front of the Texas Supreme Court on September 19 is one that businesses should watch with respect to what is considered defamatory when it comes to allegations of bad business practices, and what violates privacy and speech laws. The case involves the online forum Glassdoor, which hosts… Read More »
Where to Draw the Line with Films, Folklore, and Copyright Infringement
Some of the most widely covered copyright infringement lawsuits involve litigation filed against movie producers and film companies, accusing them of reproducing, distributing, performing, publicly displaying, or making copyrighted work into a derivative without first obtaining the permission of the copyright owner. One such lawsuit was recently filed and dismissed in connection with the… Read More »
Texas Students Sue DeVry under Texas Deceptive Trade Practices Act
In late June 32, former DeVry students filed suit against the school in San Antonio federal court, alleging that the school and parent company (Adtalem Global) committed fraud and violated the Texas Deceptive Trade Practices Act by misrepresenting the benefits of the degrees it offers. Specifically, the complaint alleges that the defendants falsely advertised… Read More »
Facebook Payout in Texas Copyright Infringement Case Halved By Judge
A copyright infringement case filed in the Northern District of Texas (Dallas) and involving allegations that Facebook—by virtue of acquiring Oculus VR (“Oculus”)—had stolen computer code from ZeniMax Media Inc. (“ZeniMax”) in order to create its virtual reality headset (the “Oculus Rift”) was recently decided in favor of ZeniMax. However, this week (June 27th),… Read More »
Breach of Contract, Morals Clauses, and Tortious Interference
Breach of contract and tortious interference with business relationships are two issues that often accompany each other, particularly when it comes to business contracts. Take, for example, Spotify’s new conduct policies for curated playlists, which could potentially lead to some legal issues with various record companies. Pursuant to the company’s new “hate content and… Read More »
Claims Filed Under the Texas Deceptive Trade Practices Act
This spring, the Physicians Committee for Responsible Medicine (PCRM) filed a legal complaint with the state of Texas against the beef industry, alleging a violation of the Texas Deceptive Trade Practices Act (DTPA) in conjunction with health claims concerning beef products. Specifically, the organization alleged that brochures published by the industry advertising that beef… Read More »
Domain Names, Trademark Infringement, and Commercial Litigation
When it comes to guarding against trademark and copyright infringement claims, one of the smartest things you can do is to work with an experienced business litigation firm to protect your domain name. You might be surprised at how many companies—even nonprofit corporations—find out that competitors are out in the market using their name… Read More »
A Closer Look at Arbitration Clauses in Business Contracts
Arbitration clauses have long been a regular part of business contracts because they are assumed to make resolving business disputes easier and cheaper—but is that always the case? Below, we discuss both the advantages and drawbacks to including arbitration clauses in business contracts. The Benefits of Arbitration Clauses One of the main benefits of… Read More »
