Category: Issue
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Federal Circuit Vacates PTAB’s Fruit Dehydration Patent Rejection
The U.S. Court of Appeals for the Federal Circuit has vacated the Patent Trial and Appeal Board’s (PTAB’s) rejection of a patent application for a fruit dehydration apparatus. In re Durance, No. 2017-1486 (Fed. Cir., entered June 1, 2018). The inventors applied for a patent for a microwave dehydration container containing a rotating chamber to…
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“Accurate Labels Act” Introduced in Congress
U.S. Sen. Jerry Moran (R-Kan.) and Reps. Adam Kinzinger (R-Ill.) and Kurt Schrader (D-Ore.) have introduced the Accurate Labels Act, a proposed amendment to the Fair Packaging and Labeling Act that would require information about the “chemical composition of, and radiation emitted by” a food product to be based on the “best available science.” According…
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EU Targets Single-Use Plastic
The European Commission has proposed rules intended to reduce the buildup of single-use plastic in oceans. The rules would ban plastic products with a readily available and affordable alternative, such as cutlery, plates, straws and drink stirrers. In addition, manufacturers “will help cover the costs of waste management and clean-up, as well as awareness raising…
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“Glen Buchenbach” Suit to Continue After CJEU Ruling
The Court of Justice of the European Union (CJEU) has held that the name of German whisky Glen Buchenbach may mislead consumers into believing the product is manufactured in Scotland. Scotch Whisky Assoc. v. Klotz, No, C-44/17 (CJEU, entered June 7, 2018). CJEU clarified EU law on registered geographical indications, holding that an “indirect commercial…
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California Supreme Court Dismisses Grape Growers’ First Amendment Challenge
The California Supreme Court has affirmed an appeals court ruling holding that an assessment collected to subsidize a grapes promotional campaign is constitutional and not compelled speech. Delano Farms Co. v. Cal. Table Grape Comm’n, No. S226538 (Cal., entered May 24, 2018). The growers argued that the program required them to “sponsor a viewpoint (promoting…
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Court Denies Challenge to NOSB Substance Review Process
A federal court has dismissed a lawsuit alleging that the National List’s sunset review process violates the Administrative Procedures Act. Ctr. for Food Safety v. Perdue, No. 15-1590 (N.D. Cal., entered May 24, 2018). The court found that the notice promulgating the alteration of the review process was not a final action because it did…
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Court Declines to Reconsider Juice Certification Denial
A federal court has denied a motion to reconsider a denial of class certification in a lawsuit alleging that Tropicana Products Inc. mislabeled its orange juice as “natural.” In re Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 11-7382 (D.N.J., entered May 24, 2018). The plaintiffs argued that the court misconstrued its theory of liability,…
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Fifth Circuit Affirms Viacom’s Ownership of “Krusty Krab” Mark
The U.S. Court of Appeals for the Fifth Circuit has affirmed a ruling that a Texas restaurant, “The Krusty Krab,” infringed Viacom International Inc.’s common law trademark. Viacom Int’l, Inc. v. IJR Capital Invs., No. 17-20334 (5th Cir., entered May 22, 2018). The court held that Viacom had established both use and distinctiveness of the…