Westlaw Journals weekly round-up

May 28, 2014

Westlaw Journals Weekly RoundupHighlights from the past week’s litigation headlines over at the Westlaw Journals blog include a a suit filed by lighter fluid distributors over the “Newport” mark, an analysis of how Comcast Corp. et al. v. Behrend et al. is affecting class certification in false-advertising suits, and an expert commentary on how digital currencies are changing the way we look at money: 

Drugs, charity and patio furniture? How digital currencies are changing the way we look at money: Jamie Hage and Thomas Wertman of Hage Hodes PA comment on the history and developing legal issues surrounding virtual currency, money that exists in purely digital form. Originally viewed by many as a novelty, virtual currencies have exploded in popularity. Now, federal and state agencies must decide if and how to regulate the online cash.  (Securities Litigation & Regulation)

Lighter fuel distributors say Lorillard can’t hog use of ‘Newport’ mark: Two companies that sell butane gas for cigarette lighters have filed a lawsuit seeking a declaration that their “Newport” trademark does not violate any rights held by Lorillard Licensing Co., whose affiliate sells Newport-brand cigarettes. The plaintiffs argue in a lawsuit filed May 1 in the U.S. District Court for the Central District of California that their use of their Newport mark “is not likely to cause dilution by blurring or tarnishment of Lorillard’s Newport mark.”  (Tobacco Industry)

Damage determinations doom false-advertising classes in California: Two California federal judges recently rejected class certifications in false-advertising suits because the plaintiffs could not establish class-wide damages according to the standards established by the U.S. Supreme Court. The certification denials in separate cases in the U.S. District Court for the Central District of California —  Caldera v. J.M. Smucker Co., No. 12-4936, 2014 WL 1477400 (C.D. Cal. Apr. 15, 2014) and In re POMWonderful LLC, No. ML 10–02199, 2014 WL 1225184 (C.D. Cal. Mar. 25, 2014) — add to a growing list of class actions rejected based on Comcast Corp. et al. v. Behrend et al., 133 S. Ct. 1426 (2013).  (Class Action)