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On the heels of Judge Swain ruling that the NBA 2K video games could depict player tattoos, Judge Daniels has issued an opinion ruling that the popular video game Call of Duty can prominently feature Humvees, without violating the trademark laws.  He concluded that including them in the game is an “integral element” of artistic expression, as opposed merely representing an attempt to piggy-back on the goodwill of Humvees (see our prior coverage here):
Continue Reading Judge Daniels: Video Game “Call of Duty” Is Allowed to Feature Humvees

In an order yesterday, the Supreme Court, by a 5-4 vote, stayed a nationwide preliminary injunction Judge Daniels issued against a new rule redefining when those applying for legal residency can be denied admission as a “public charge” (see our prior coverage here).

Justice Gorsuch issued a concurring opinion, joined by Justice Thomas, expressing an interest in resolving the broader procedural question of whether District Judges should issue nationwide injunctions at all:
Continue Reading Supreme Court Stays Judge Daniels’ Nationwide Injunction Against “Public Charge” Rule

In an opinion Friday, Judge Daniels preliminarily enjoined a new regulation that would change the framework for determining when those applying for legal residency are denied admission as a “public charge.”  The new proposed rule would have focused on whether the applicant was likely to receive 12 months of public benefits within 36 months.  Judge Daniels concluded that the rule, which was set to go into effect on October 15, was arbitrary, in violation of the Administrative Procedures Act:
Continue Reading Judge Daniels Enjoins “Public Charge” Rule Aimed At Restricting Immigration

Last week, the Second Circuit vacated a decision by Judge Daniels that dismissed a suit against Fox News by the family of DNC staffer Seth Rich (see our coverage of that decision here).  The complaint alleged that Fox News and two contributors intentionally exploited the murder of DNC staffer Seth Rich during the 2016 election season.  According to the complaint,  Rich was murdered in Washington in what authorities believed was a botched robbery; Fox News then allegedly reported a false story that Rich had been murdered after leaking thousands of DNC emails to Wikileaks.

According to the Second Circuit, the family members had plausibly plead their claims against the network for intentional infliction of emotional distress:
Continue Reading Second Circuit Revives Suit Against Fox News for “Campaign of Emotional Torture” Against Family of Murdered DNC Staffer

Friday morning, the Second Circuit vacated the district court’s dismissal of a suit challenging President Trump’s business dealings under the Foreign and Domestic Emoluments Clauses of the U.S. Constitution.  (See our prior coverage here.)  In December 2017, Judge Daniels found that Plaintiffs had failed the causation and redressability prongs of the Article III standing inquiry, and lacked prudential standing because they fell outside the “zone of interests” that the Emoluments Clauses were intended to protect.

In a 2-1 decision, the Second Circuit held that Plaintiffs had satisfied the requirements for standing:
Continue Reading Second Circuit Revives Emoluments Case Against President Trump, Creating Circuit Split

Last week, Judge Daniels granted in large part a summary judgment motion that Characters For Hire, a company that provides costumed characters for children’s events, had filed in response to trademark, unfair competition and and similar claims.  According to the plaintiffs (Disney, Marvel, and Lucasfilm), Characters for Hire’s costumes, including ones named “Frozen Themed,” “Avenging Team,” and “Star Battles,” are strikingly similar to well-known characters from the plaintiffs’ Frozen, Avengers, and Star Wars franchises.

Judge Daniels rejected the plaintiffs’ claims of consumer confusion, noting that whether children believed the generic characters were the same as the more famous Disney versions was irrelevant:
Continue Reading Judge Daniels Narrows Trademark Case Against Company Offering “Frozen Themed” Costumed Characters for Children’s Parties

Yesterday, Judge Daniels dismissed a complaint filed by the family of murdered DNC staffer Seth Rich against Fox News, which alleged that Fox News and two contributors intentionally exploited the murder of DNC staffer Seth Rich during the 2016 election season.  According to the complaint,  Rich was murdered in Washington in what authorities believed was a botched robbery; Fox News then allegedly reported a false story that Rich had been murdered after leaking thousands of DNC emails to Wikileaks (see our complete coverage here).

According to Judge Daniels, while the statements by a Fox News contributor may have been false, they did not rise to the level of “outrageous” conduct required for intentional infliction of emotion distress:
Continue Reading Judge Daniels Dismisses Case Against Fox News Over Alleged Conspiracy Theories for DNC Staffer’s Death

In an opinion today, Judge Daniels dismissed on standing grounds a suit challenging President Trump’s business dealings under the so-called Foreign and Domestic Emoluments Clauses in the U.S. Constitution  (see our prior coverage here).  Judge Daniels concluded that the alleged “competitive injury” suffered by the “Hospitality Plaintiffs” who compete with President Trump’s hotels was…