Latest 2 Cases This Week: SM Kids, LLC v. Google LLC (2d Cir.), Blumenthal Distributing, Inc. v. Herman Miller, Inc. (9th Cir.)

The “When” of Chevron: The Missed Opportunity of County of Maui

SAMUEL ESTREICHER, DANIEL FOLSOM

NYU law professor Samuel Estreicher and rising 3L Daniel Folsom comment on the U.S. Supreme Court’s recent decision in County of Maui v. Hawaii Wildlife Fund, in which the Court interpreted a provision of the Clean Water. Estreicher and Folsom argue that the case presented an opportunity to clarify the murky question of when the Chevron doctrine applies, yet the Court avoided answering that question.

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The Unnecessary Protection of Qualified Immunity

JOANNA C. SCHWARTZ, SETH STOUGHTON

UCLA law professor Joanna C. Schwartz and South Carolina law professor Seth W. Stoughton address some of the arguments commonly asserted to support qualified immunity, the doctrine that shields police officers from civil liability for constitutional violations. Schwartz and Stoughton argue that eliminating qualified immunity should not affect police decision-making and that existing Supreme Court doctrine gives police officers plenty of leeway to make mistakes without violating the Constitution. Because qualified immunity applies only to unreasonable actions by police officers, eliminating or substantially restricting it should not a chilling effect on police officers’ ability or willingness to respond to critical incidents.

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SM Kids, LLC v. Google LLC

Court: US Court of Appeals for the Second Circuit

Docket: 19-2547

Opinion Date: June 25, 2020

Judge: Barrington D. Parker

Areas of Law: Intellectual Property, Internet Law, Trademark

SM Kids filed suit against Google and related entities, seeking to enforce a 2008 agreement settling a trademark dispute over the Googles trademark. The agreement prohibited Google from intentionally making material modifications to its then-current offering of products and services in a manner that is likely to create confusion in connection with Googles. The district court concluded that the trademark assignment was invalid, and dismissed for lack of subject-matter jurisdiction. The Second Circuit vacated the district court's judgment and held that the validity of the trademark was not a jurisdictional matter related to Article III standing but was instead a merits question properly addressed on a motion under Federal Rule of Civil Procedure 12(b)(6), a motion for summary judgment, or at trial. In this case, the district court erroneously resolved Google's motion as a fact-based motion under Rule 12(b)(1) and considered evidence beyond the complaint, as well as placed on SM Kids the burden of proving subject-matter jurisdiction. Accordingly, the court remanded for further proceedings.

Blumenthal Distributing, Inc. v. Herman Miller, Inc.

Court: US Court of Appeals for the Ninth Circuit

Docket: 18-56471

Opinion Date: June 25, 2020

Judge: Korman

Areas of Law: Intellectual Property, Trademark

HM filed suit alleging infringement of HM's rights in the EAMES and AERON trade dresses under the Lanham Act. The jury found in favor of HM as to the Eames chairs and awarded infringement and dilution damages. As to the Aeron chair, the jury found in favor of OSP. The Ninth Circuit held that for a product's design to be protected under trademark law, the design must be nonfunctional. The panel affirmed the district court's judgment in favor of HM on its causes of action for the infringement of its registered and unregistered EAMES trade dresses and rejected OSP's argument that the utilitarian functionality of the Eames chairs' component parts renders their overall appearances functional as a matter of law; reversed the judgment in favor of OSP regarding the Aeron chair because the functionality jury instruction does not accurately track the panel's functionality caselaw; reversed the judgment in favor of HM on its cause of action for dilution because there was legally insufficient evidence to find that the claimed EAMES trade dresses were famous under 15 U.S.C. 1125(c)(2)(A); and remanded for a new trial.