Category: Issue 441
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EU Court of Justice Confirms That Bunny Shape Cannot Be Registered as Trademark
The European Union (EU) Court of Justice has affirmed a General Court ruling that confectioner Lindt & Sprüngli, AG cannot register certain three-dimensional shapes, their colored wrappings or ribbons as European Community trademarks. Chocoladefabriken Lindt & Sprüngli AG v. Office for Harmonisation in the Internal Mkt. (Trademarks and Designs), Case No. C-98/11 P (E.C.J., decided May…
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Advocacy Coalition Agrees to Drop Nanotechnology Lawsuit Against FDA
A coalition of advocacy organizations has reportedly agreed to dismiss as moot its lawsuit seeking an order requiring the Food and Drug Administration (FDA) to respond to its 2006 petition asking the agency to regulate products containing nanomaterials. Information about the lawsuit appears in Issue 422 of this Update. The organizations, including Food and Water…
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California Labor Relations Board Enters Strawberry Farm Labor Dispute
The California Agricultural Labor Relations Board has filed a petition for injunctive relief against a Ventura County strawberry farming operation alleging unfair labor practices and seeking to stop the respondent from interfering with employees’ free exercise of rights under the labor code. State v. Montalvo Farms, LLC, No. 56-2012-00416985 (Cal. Super. Ct., Ventura Cty., filed…
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Court Allows Truck Driver’s Civil Rights Claims to Proceed Against Burger King Franchisee
A federal court in Pennsylvania has denied the motion for summary judgment filed by a Burger King franchisee sued for violating the civil rights of an African-American truck driver who alleged that restaurant employees spit in his sandwich before serving it. Goodwin v. Fast Food Enters. #3, LLP, No. 10-23 (W.D. Pa., decided May 16, 2012).…
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Court Dismisses “All Natural” Suit Against Lifewater® Makers
A federal court in California has dismissed with prejudice a putative class action filed in March 2012 against the companies that make a line of SoBe® beverages known as 0 Calories Lifewater®. Hairston v. S. Beach Beverage Co., Inc., No. 12-1429 (C.D. Cal., decided May 18, 2012). Further details about the case appear in Issue…
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EEOC Not Entitled to Medical Information from Nestlé in Genetic Discrimination Case
A federal court in Kentucky has determined that the Equal Employment Opportunity Commission (EEOC) is not entitled to information about the medical examinations of Nestlé Prepared Foods employees in relation to a claim by one former employee that he was fired due to “genetic information” discrimination. EEOC v. Nestlé Prepared Foods, No. 11-359 (E.D. Ky.,…
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ALJ Says Some Implied Health Claims in POM Wonderful Ads Not Substantiated
An administrative law judge (ALJ) has upheld some of the Federal Trade Commission’s (FTC’s) allegations that POM Wonderful violated federal law by making deceptive claims in some advertisements that the company’s pomegranate juice and related products treat, prevent, or reduce the risk of heart disease, prostate cancer and erectile dysfunction. In re: POM Wonderful LLC,…
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Australian Agency Fines Olive Oil Maker Over “Extra Virgin” Claims
The Australian Competition and Consumer Commission (ACCC) has fined a Kensington, South Australia, olive oil manufacturer a total of A$13,200 for marketing its products as “extra virgin” even though they purportedly did not meet international grade standards. According to a May 18, 2012, ACCC press release, The Big Olive Company Pty Ltd over a four-month…