Tag Archives: declaratory

Morphe Files Makeup Packaging Trade Dress and Trademark Infringement Declaratory Judgment Complaint

Morphe, a well-known makeup company, is suing Becca in response to threats Morphe’s new eyeshadow palette’s packaging constitutes trade dress infringement, false designation of origin, and palming off under the Lanham Act.  15 U.S.C. § 1051.  Becca also alleges that … Continue reading

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The Joyce Smith Case – Declaratory Judgment re: Chapter 128s & Utility Disconnections

I have had many clients over the years inquire about alternatives to bankruptcy, specifically Wisconsin's unique "Chapter 128". Chapter 128s are cheaper, faster, simpler, and impose fewer requirements on the debtor, compared to federal bankruptcy. However, they also offer far … Continue reading

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Declaratory judgment actions in administrative matters

Declaratory judgment actions in administrative matters pose interesting problems: When does the statute of limitations accrue? When does a plaintiff have standing to bring the action? Does the doctrine of exhaustion of administrative remedies apply? A recent Arizona Court of… … Continue reading

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Standing and declaratory judgment

Amazon sues booksellers association for declaratory judgment of no false advertising under the Lanham Act. Amazon.com, Inc. v. National Association of College Stores, Inc., No. 2:11-cv-00754 (W.D. Wash. filed May 3, 2011). Does the court have to evaluate the association's … Continue reading

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