Category: Issue 455
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IASO Report Criticizes Industry Pledge to Reduce Youth Marketing
The International Association for the Study of Obesity (IASO) has released a report criticizing the food and beverage industry’s efforts to reduce marketing to children in the European Union. Part of the StanMark Project, which receives EU funding, A Junk-Free Childhood 2012 focuses on the EU Pledge signed by 20 companies that agreed to stop…
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Vintner Sues for Infringement of Naked Winery® Marks
Naked Wines LLC has filed an action against Nakedwines.com, Inc. and Groupon, Inc. alleging that they have infringed its “family of erotically-themed marks” including NAKED WINERY®, NAKED WINERY VIXEN®, NAKED WINERY NAUGHTY®, and NAKED WINERY DIVA®. Naked Wines LLC v. Nakedwines. com, Inc., No. 12-01717 (D. Or., filed September 21, 2012). According to the complaint, Oregon-based…
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Chipotle Claims Jack in the Box Is Infringing Its Trademark
Chipotle Mexican Grill, Inc. has filed another infringement action against a retailer allegedly selling a chicken sandwich combo using the CHIPOTLE® trademark. Chipotle Mexican Grill, Inc. v. Jack in the Box, Inc., No. 12-02511 (D. Colo., filed September 21, 2012). Information about the trademark infringement lawsuit Chipotle filed in April against Kroger Co. appears in Issue…
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Humane Society Sues to Stop IP Purchase Payments to National Pork Producers Council
The Humane Society of the United States (HSUS) has sued the U.S. Department of Agriculture (USDA) seeking to end payments made to the National Pork Producers Council (Pork Council) for the purchase of the registered mark “Pork, The Other White Meat.” HSUS v. Vilsack, No. 12-01582 (D.D.C., filed September 24, 2012). According to the complaint,…
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Celebrity Chef Settles Restaurant Employee Wage Claims for $1.15 Million
A federal court in New York has dismissed with prejudice claims that Mario Batali’s Del Posto restaurant allegedly retained portions of workers’ tips in violation of federal and state labor laws after approving an agreement requiring the defendants to pay $1.15 million into a settlement fund and provide workers with training and paid vacation time…
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Federal Court Denies Four Loko Motion to Dismiss Putative Class Action
A federal court in New York has denied a motion to dismiss a consumer fraud action against the company that makes Four Loko®, a beverage allegedly containing high alcoholic and caffeine content and sold without disclosing “possible negative health effects.” Yourth v. Phusion Projects, LLC, No. 11-1261 (N.D.N.Y., decided September 27, 2012). The defendant contended…
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NYC Pushes Health Hospital Initiative Banning Junk Food
The New York City Department of Health and Mental Hygiene (DOHMH) has announced that more than 30 public and private hospitals have joined its voluntary Healthy Hospital Food Initiative, a new program seeking to make healthier food choices available in health care settings. Billed as part of the department’s ongoing effort to curb obesity, the new…
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New York Bill Would Allow Toys in Fast-Food Meals Meeting Nutritional Requirements
New York State Senator Gustavo Rivera (D-Bronx) has introduced a bill (S7849-2011) that would require fast-food restaurants offering incentive items, such as toys, with children’s meals to meet certain nutritional guidelines. The standards, designed to limit the amount of fat, sugar, calories, and sodium per meal, would be established by the state health commissioner. “Incentive…