Category: Issue 350
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Cupcake Battle Underway in Utah
Mini’s Cupcakes, Inc. has sued LuAnn’s Cupcakes, Inc. in a federal court in Utah, claiming the infringement of trade dress rights by LuAnn’s sale of cupcakes substantially the same in appearance as Mini’s gourmet “Breakfast at Tiffany’s” cupcake. Mini’s Cupcakes, Inc. v. LuAnn’s Cupcakes, Inc., No. 10-457 (D. Utah, filed May 14, 2010). The distinctive design…
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Hershey Co. Claims Brownie Baking Pan Infringes Its Product Configuration Trademark
Pennsylvania-based chocolate maker Hershey Co. has filed a Lanham Act lawsuit against Williams-Sonoma Inc., alleging that the kitchen product retailer is marketing and selling a baking pan that infringes Hershey’s “Chocolate Bar Design Mark,” a purportedly distinctive rectangle scored into 12 smaller rectangles. The Hershey Co. v. Williams-Sonoma, Inc., No. 10-1011 (M.D. Pa., filed May 12,…
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Cheese Maker Seeks to Recover Losses for Foul-Tasting Product
A Minnesota company that produces cheese has filed a complaint in federal court against an ingredients and flavorings company, alleging that it supplied a flavoring ingredient with phenolic compounds that “caused the cheese in which it was used to have a taste repugnant to certain of the customers who consumed the cheese.” Bongards’ Creameries v. Kerry…
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Ninth Circuit Denies Request for En Banc Review of Ruling Upholding California Downer Livestock Law
The Ninth Circuit Court of Appeals has apparently denied the National Meat Association’s request that the entire court review a recent panel decision which lifted a preliminary injunction that prevented California from enforcing a law prohibiting slaughterhouses from taking, processing or selling nonambulatory animals. Additional details about National Meat Association v. Brown, No. 09-15483 (9th…
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Local Governments Fail to Pass Soft Drink Taxes
According to news sources, both Philadelphia and the District of Columbia have failed to adopt taxes on sweetened beverages. Philadelphia’s mayor apparently never had a council majority to support his proposed soda tax and has now indicated that he will be forced to make cuts to police and fire department budgets and limit branch libraries to…
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Wisconsin Governor Vetoes Raw Milk Legislation
Wisconsin Governor Jim Doyle (D) has reportedly vetoed a proposal (S.B. 434) that would have allowed farmers to sell unpasteurized milk and milk products directly to consumers. Doyle indicated in April 2010 that he would likely sign the bill, but ultimately decided that the potential health risks of consuming raw milk outweighed its alleged benefits.…
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Health Canada Seeks Feedback on Potential Changes to Gluten-Free Labeling
Health Canada has issued a proposed policy intent that would update current gluten-free labeling guidelines to reduce risks related to the accidental consumption of undeclared gluten and expand choices for consumers following a gluten-free diet. Gluten, a protein found in cereal grains such as wheat, barley and rye, can trigger the autoimmune disorder celiac disease…
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Report Urges FTC and AGs to Investigate Digital Marketing of Alcohol to Youth
The Center for Digital Democracy and the Berkeley Media Studies Group have released a report, “Alcohol Marketing in the Digital Age,” that discusses some of the specific ways that alcohol beverage companies are conducting contemporary advertising campaigns using digital media, data collection, behavioral targeting, social media, and online gaming and video that allegedly appeal to…