(California Court of Appeal) - Reversing the dismissal of a claim relating to the alleged conflict of interest in the acquisition of property by the San Lorenzo Valley Water District's acquisition of property where one of the District's directors had partial ownership of the agency facilitating the sale of the property and whose wife was its listing agent because the former owner had standing under the Government Code to bring the action and that the action was not subject to validation statutes because it was a conflict of interest rather than a contracts claim.

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.

(United States Federal Circuit) - A decision of the United States Patent and Trademark Office sustaining a refusal of an examiner to register a trade dress mark for clothing is affirmed where substantial evidence supported a finding that the trade dress was product design and that the trade dress was not unitary.

(United States Sixth Circuit) - In a case arising from defendant's use of the domain name www.audisport.com to sell goods and merchandise displaying Audi's name and trademarks, summary judgment, injunctive relief, and an award of attorneys' fees to Audi on trademark, trade dress, and AntiCybersquatting Consumer Protection Act (ACPA) claims are affirmed where: 1) there was a likelihood of confusion for purposes of trademark infringement, and defenses to the claim including laches, consent, and fair use, failed; 2) trademark dilution was proven; 3) a finding that defendant violated the ACPA was proper; 4) injunctive relief was warranted; and 5) given his bad faith use of counterfeit marks, the district court did not abuse its discretion in awarding attorneys' fees under 15 U.S.C. section 1117(a).

(United States Ninth Circuit) - Grant of a preliminary injunction prohibiting defendant from infringing upon the trade dress of Hansen Beverage Company's line of "Monster" energy drinks with defendant's line of "Freek" energy drinks is reversed where the district court abused its discretion in determining that plaintiff was likely to succeed on the merits, as a finding of a likelihood of confusion was clearly erroneous.

(California Court of Appeal) - In suit alleging dress infringement, unfair competition, and false advertising regarding a kitchen device known as the "Tartmaster," order granting directed verdict for defendants on trade dress claims, and finding for defendants on other claims are affirmed as there was no error or abuse of discretion.

(United States Fifth Circuit) - In a trademark dispute alleging that defendant infringed trademarks by selling t-shirts with several universities' color schemes and other identifying indicia referencing the games of the schools' football teams, summary judgment for plaintiffs is affirmed where: 1) the color schemes had secondary meaning and, although unregistered, were protectible marks; 2) there was a likelihood of confusion connecting the marks and the universities themselves; 3) the marks at issue were nonfunctional and thus subject to Lanham Act protection; 4) defendants' use of the marks was not a nominative fair use; 5) the defense of laches did not apply; 6) actual confusion was not a prerequisite to an award of money damages; and 7) plaintiffs were not entitled to attorneys' fees.

(United States Fifth Circuit) - In a trademark dispute alleging that defendant infringed trademarks by selling t-shirts with several universities' color schemes and other identifying indicia referencing the games of the schools' football teams, summary judgment for plaintiffs is affirmed where: 1) the color schemes had secondary meaning and, although unregistered, were protectible marks; 2) there was a likelihood of confusion connecting the marks and the universities themselves; 3) the marks at issue were nonfunctional and thus subject to Lanham Act protection; 4) defendants' use of the marks was not a nominative fair use; 5) the defense of laches did not apply; 6) actual confusion was not a prerequisite to an award of money damages; and 7) plaintiffs were not entitled to attorneys' fees. (Revised opinion)

(United States Fifth Circuit) - In an action alleging infringement of a star design that plaintiff claimed as a service mark, summary judgment for defendant is affirmed in part where: 1) the record evidence was replete with similar or identical five-pointed stars, both raised and set in circles, and used in similar manners, such that -- notwithstanding the residual evidence of the presumption of validity -- no reasonable jury could find that the star symbol was even a mere refinement of this commonly adopted and well-known form of ornamentation; and 2) plaintiff failed to raise a fact issue regarding the existence of secondary meaning with respect to the symbol. However, the judgment is reversed in part where plaintiff had not yet had the opportunity to introduce evidence relating to its trade dress claims.

(United States Federal Circuit) - Appeal from Patent Trial and Appeal Board which held certain patent submittals unpatentable and denied plaintiff the opportunity to amend. Patent submittals relates to a method of drilling assistance for dental work and, the Board ruled, were based on previous patents. Court of Appeals affirmed in part, vacated in part, and remanded in part. Court of Appeals agreed that certain patent submittals were unpatentable, but vacated the denial of the motion to amend

(United States Federal Circuit) - Granted plaintiff's motion to remand. In light of the US Supreme Court decision, SAS Institute, Inc. v. Iancu, 138 S.Ct. 1348, plaintiff moved to remand to the Patent Trial and Appeal Board for further proceedings. The Federal Circuit reasoned that the decision in SAS established a process where the petitioner gets to define the proceeding and that all challenges raised in the petitions are to receive review by the Board.

(United States Federal Circuit) - A company appealed from the determination in an inter partes review that certain claims of its patent directed to dental implants were unpatentable. Affirming, the Federal Circuit concluded that the Patent Trial and Appeal Board did not err in its anticipation finding.

(Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable.

(United States Seventh Circuit) - Affirmed. Police officers who could not recall making a Terry stop of three black men in a grey sedan following a nearby shooting were entitled to qualified immunity because the description of the shooter was close enough to justify the stop.

(United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis.

(United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.

(United States Ninth Circuit) - In a bankruptcy action, arising from a dispute between owners of the National Hockey League's Nashville Predators, and involving a general unsecured claim for damages against debtor's estate, the bankruptcy court's grant of summary judgment to the estate is affirmed where the subordination of claims arising from the purchase or sale of the security of a debtor to other senior and equal claims under 11 U.S.C., section 510(b) applies where the debtor is an individual.

(United States Third Circuit) - Reversing a district court determination that a man complaining that the NFL's policies relating to the sale of SuperBowl tickets violated New Jersey law lacked subject matter jurisdiction and deferring action on the merits of the appeal pending a decision by the Supreme Court of New Jersey on a petition for certification of questions of state law, retaining jurisdiction over the appeal pending resolution of the certification.

(United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim.

(United States Ninth Circuit) - Held that federal labor law did not preempt retired football players' claims that the National Football League encouraged them to take pain-masking medications without warning them of the drugs' risks. The NFL contended that the players' claims were preempted by sections 301 of the Labor Management Relations Act. Rejecting the league's argument, the Ninth Circuit concluded that, as pleaded, the players' negligence and other state law claims did not arise from collective bargaining agreements or require their interpretation. The panel therefore reversed dismissal of the proposed class action suit.

(United States Second Circuit) - Reinstated sports photographers' copyright infringement claims against the National Football League and the Associated Press. Seven photographers who make a living taking photos of NFL events alleged that thousands of their photos were exploited without a license and without compensating them in any way. Vacating in part and remanding, the Second Circuit held that some of the photographers' claims were plausibly pleaded.

(California Court of Appeal) - In a government contractor's claim for an equitable adjustment arising out of its fixed price indefinite delivery contract with the Defense Logistics Agency (DLA)’s Defense Reutilization and Marketing Service (DRMS), the Court of Federal Claims' denial of the claim is reversed where: 1) the Claims Court's findings that DRMS did not inadequately or negligently prepare its estimates and that Agility did not rely on those estimates are clearly erroneous; and 2) Plaintiff’s receipt of scrap sales and the parties' agreement to clause H.19 do not preclude plaintiff from recovering under this claim.

(United States Federal Circuit) - In an appeal from a decision of the Armed Services Board of Contract Appeals finding that the government did not breach the terms of a supply contract with plaintiff, the Board's decision is: 1) affirmed in part where the government did not breach the express terms of the contract or a later agreement to consider exceptions; but 2) vacated in part where the Board erred when it concluded that it 'need not decide' plaintiff's implied duty and constructive change claims.

(United States Federal Circuit) - In a breach of contract action against the Government, the Court of Federal Claims grant of summary judgment in favor of the Government is affirmed where the contracts whereby plaintiff provides closing services for homes owned by the Department of Housing and Urban Development (HUD) unambiguously preclude plaintiff from charging additional closing fees.

(United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas.

(United States Federal Circuit) - Affirming the decision by the Armed Services Board of Contract Appeals dismissing for lack of jurisdiction because the Contract Disputes Act did not provide jurisdiction in a case involving a contract with the Army to establish and operate supply chain during Iraq's reconstruction and that the Board lacked jurisdiction under its charter and partially dismissing because the decision was not made pursuant under the CDA, so the court lacked jurisdiction to review.

(United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly.

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.

(California Court of Appeal) - Upheld the City of San Diego's decision to approve an environmental impact report addendum for an urban park project. Affirmed the denial of a citizen group's petition for writ of mandamus.

(California Court of Appeal) - Upheld San Francisco's decision to order a prime contractor on a public works project to replace a subcontractor. Reversed the trial court.

(California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed.

(United States First Circuit) - Vacated an administrative ruling that terminated the Supplemental Security Income benefits of an individual who had received them since childhood for an intellectual disorder. The plaintiff disputed the medical evidence that the Social Security Administration relied on in concluding that he was no longer disabled after he turned age 18. Finding merit in his arguments, the First Circuit held that the record was insufficient to conclude he was no longer disabled.

(California Court of Appeal) - Held that a hospital waited too long to file an administrative appeal challenging a reduction in Medi-Cal reimbursements. Affirmed that the filing was untimely.

(United States Seventh Circuit) - Reversed. The removal of nine trees on a family farm in Indiana did not convert a family farm from wetlands into croplands, rendering it ineligible for USDA benefits that would have otherwise been available.

A general spammer that tries to throw in everything he can in one e-mail, from flags and banners and PVC printing to mosquito nets and aluminum fold-away wash lines. This spammer is an electronic convenience store!

The Canadian Pharmacy Spammers are at it again, or should we say still at it again.

A fake Facebook message, taking you to some online pharmacy site.

Rosa Daniel wants you to come to Rome to pick up a high priority package.

Malware distributed via Dropbox with the help of fake eFax e-mails

Fax or malware? This is clearly malware.

The most confusing Paypal phishing scam ever!

(California Court of Appeal) - Affirmed a mootness ruling in a dispute between two neighbors over the proposed demolition of a Laguna Beach house and its replacement with a new three-story residence. The case involved the California Environmental Quality Act and Coastal Commission rules.

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.

(United States DC Circuit) - Petition denied. The Environmental Protection Agency's decision not to issue financial responsibility requirements for the hardrock mining industry was permitted because the agency's interpretation of "risk" received deference and their decision not to regulate was authorized.

(United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions.

(United States Second Circuit) - Reinstated sports photographers' copyright infringement claims against the National Football League and the Associated Press. Seven photographers who make a living taking photos of NFL events alleged that thousands of their photos were exploited without a license and without compensating them in any way. Vacating in part and remanding, the Second Circuit held that some of the photographers' claims were plausibly pleaded.

(United States Seventh Circuit) - Held that an energy company could not proceed with its claim that Illinois environmental regulators lacked jurisdiction over its handling of hazardous‐waste acid that it transported into the state. Affirmed a dismissal based on claim and issue preclusion, among other doctrines.

(United States Supreme Court) - Addressed what law applies on the Outer Continental Shelf, holding that California wage-and-hour law was inapplicable to a worker on an offshore drilling platform. Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law. Justice Thomas delivered the opinion for a unanimous Court.

(United States Ninth Circuit) - In an action claiming of trademark infringement, false designation of origin, and unfair competition brought under the Lanham Act and Nevada state law by a beverage company-plaintiff, which sells a competing line of flavored vodkas, the District Court's grant of summary judgment to defendant is reversed where the district court erred in: 1) failing to place the burden of proof on defendant, the moving party; 2) failing to view the evidence in the light most favorable to plaintiff; and 3) never analyzing whether a genuine dispute of material fact existed.

(United States Ninth Circuit) - In putative class actions brought against ConAgra Foods in eleven states by consumers who purchased Wesson-brand cooking oil products labeled '100% Natural' during the relevant period, the district court's class certification is affirmed where the language of Federal Rule of Civil Procedure neither provides nor implies that demonstrating an administratively feasible way to identify class members is a prerequisite to class certification.