Category: Issue 643
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TTAB Says No Likelihood of Confusion Between “Cannibal” Beer and “Cannibal” Restaurant
The Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office has reversed a refusal to register “The Cannibal” as a mark for beer to Iron Hill Brewery, finding little likelihood of confusion between the beer and a restaurant called “The Cannibal Beer & Butcher.” In re Iron Hill Brewery, No. 86682532 (TTAB,…
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California Farmer Sues to Block Coastal Land-Use Plan Intended to Encourage Family Farms
A former turkey farmer has filed a lawsuit against Marin County, California, alleging that a land-use ordinance intended to encourage multigenerational housing on family farms places an unconstitutional burden on landowners by requiring them to farm “in perpetuity.” Benedetti v. County of Marin (Cal. Super. Ct., Marin County, filed July 14, 2017). In May 2017,…
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Naked Juice Faces Proposed Class Action for “Cold-Pressed” Labeling
A consumer has filed a putative class action against PepsiCo alleging that Naked Juice products are mislabeled as “cold pressed” because they also undergo high-pressure processing, “render[ing] the composition of the final product distinct from the intermediate, cold pressed product.” Davis v. PepsiCo, No. 17-4551 (E.D.N.Y., filed August 2, 2017). The complaint alleges that Naked Juice’s “Naked Pressed” product line,…
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Slack-Fill Putative Class Action Filed Against Pret A Manger
Pret A Manger faces a putative class action alleging the chain’s wrap packaging hides inches of empty space between sandwich halves. Lau v. Pret A Manger (USA) Ltd., No. 17-5775 (S.D.N.Y., filed July 31, 2017). The complaint alleges that Pret’s wraps are packaged in clear plastic sleeves with an opaque cardboard band hiding nonfunctional slack…
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Court Dismisses Truffle-Oil Class Action
A federal court has dismissed a putative class action alleging Monini North America’s truffle olive oils do not contain truffles, holding that the plaintiffs’ concession that the oil tasted and smelled like truffles was fatal to their claims. Jessani v. Monini N. Am., No. 17-3257 (S.D.N.Y., entered August 3, 2017). Additional details about the complaint…
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French Wine Executive Indicted in Fake Wine Scheme
The chairman of French wine merchant Raphaël Michel has been indicted on charges that he masterminded a scheme to label nearly 4 million cases of ordinary table wine as Rhône Valley wines, including Châteaunneuf-du-Pape and Côtes du Rhône. Guillaume Ryckwaert has been charged with fraud, deception and violations of consumer and tax codes. Several other…
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Kuster Introduces Organic-Farming Bill
Rep. Ann Kuster (D-N.H.) has introduced a bill that aims to help farmers transition to organic agriculture and boost American production of organic products to reduce dependence on imports. The Homegrown Organic Act of 2017 would amend the Food Security Act of 1985 by modifying existing conservation programs to help farmers who are working toward…
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Horse Meat Fraud Conspirators Sentenced
Three men have been convicted and sentenced for their roles in a conspiracy to sell at least 30 metric tons of horse meat as beef. The owner of a Danish supplier was sentenced to 3.5 years, while the company’s accountant received a suspended sentence. In addition, the owner of a London meat processor was given…