New opinions — court upholds state election-disclosure law, plus a trademark case

Delaware Strong Families v. Attorney General — First Amendment / elections — reversal — Greenaway

A group that calls itself Delaware Strong Families (mission: “to rebuild a culture of marriage, family and freedom”) wanted to distribute a voter guide without having to reveal whose money was funding them. A state law required such disclosure. DSF sued, alleging that the disclosure law was unconstitutionally overbroad, and the district court granted them a preliminary injunction. Today, the Third Circuit reversed, holding that, because the disclosure law is constitutional as applied, DSF was not entitled to an injunction.

Joining Greenaway were McKee and Krause. Arguing counsel were Jonathan Cedarbaum of Wilmer Hale for the state and Allen Dickerson for the group. The issue, the counsel and amici involved, and the fact that the group filed similar suits in two other jurisdictions suggests to me that a cert. petition is on the way.

Arrowpoint Capital v. Arrowpoint Asset Management — trademark– reversal — Jordan

A financial-services corporation with Arrowpoint in its name sued several other investment-related companies with Arrowpoint in their names, alleging trademark infringement. The district court denied an injunction, but today the Third Circuit vacated, concluding that the ruling below rested on “an overly narrow interpretation of the kind of confusion that is actionable.”

Joining Jordan were Smith and Sloviter. Arguing counsel were Corby Anderson for Arrowpoint and Lewis Prutzman for the other Arrowpoints.