Trade dress is a type of unfair competiton where one party copies another’s package, look, or feel of a product or service.  In a recent case involving trade dress, a party filed a complaint claiming trade dress rights in a design on the rear pocket of jeans, but alleged only that the design was unique and nonfunctional.

The court held it lacked factual allegations that the design is not aesthetically or otherwise functional and that it had acquired secondary meaning.  The federal and state claims were dismissed with leave to amend to correct any such pleading deficiency.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

Posted in Business Litigation, Intellectual Property, Trademark  |   No Comments/Questions

If you are a consumer who is forced to buy one product in connection with another product you need, you may be a victim of an anti-competitive business pratice known as an illegal ”tying agreement”.  You could also be a good candiate to be a class representive in a class action lawsuit.

Class action is a method for numerous injured people who fit into the same class to redress an injury that they could not take on by themselves for a variety of reasons including the cost of hiring a lawyer when the injury is not great.  As a class action, one person is the representative for a class of people in the same position as the representative and the suit is  filed in the name of the class representative and all those similarly situated.

California’s Cartwright Act and the Federal  Sherman Anti-Trust act prohibits conspiracies that unreasonably restrain trade. The Cartwright Act and Sherman Anti-Trust defines a trust as ‘a combination of capital, skill or acts by two or more persons’ for the purpose of restraining trade.  Except as expressly provided in these laws, ‘every trust is unlawful, against public policy and void.’

“A tying arrangement is ‘a requirement that a buyer purchase one product or service as a condition of the purchase of another. Traditionally the product which is the inducement for the arrangement is called the “tying product” and the product or service that the buyer is required to purchase is the “tied product.”

Linking the sale of one product to another is not always illegal. Rather, the modern approach focuses on whether the seller has sufficient economic power with respect to the tying product and market to restrain competition in the tied product market.

A tying arrangement is illegal only if customers are forced to buy the tied product as a result of the seller’s exploitation of its control over the tying product, resulting in anti-competitive consequences. Otherwise, the buyer can simply walk away and turn to another seller.

If you are a victim  of an illegal typing agreement we would love to talk to  you.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

Posted in Business Litigation  |   No Comments/Questions

Business litigation is a broad term that could encompass almost any business vis-a vis business dispute.  Business litigation could involve claims for breach of contract, an infringement of intellectual property rights, claims of fraud or interference with economic interests, claims of unfair competition, or other business torts.  It almost always involves one company seeking money from another company.

When there are claims for money damages in business litigation, the party seeking the damages usually engages in discovery to prove damages and if the claim involves lost profits financial records are often the target.  When a party requests financial documents from another party or asks interrogatories on sensitive financial records, there is often an issue of a party’s right to privacy.

The right of privacy contained in the California Constitution (Art. 1, § 1) is limited to “people,” meaning natural persons. It does not apply to corporations. [Roberts v. Gulf Oil Corp. (1983) 147 CA3d 770, 791, 796–797].  Nevertheless, the courts will usually grant a protective order precluding the disclosure of confidential financial information to people outside the litigaiton, but will also order the information be produced to the litigants provided that it is relevant to the litigation, or likely to lead to the admissible evidence at the  time of trial.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

He emphasizes on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

Posted in Business Litigation, Uncategorized  |   No Comments/Questions