Category: 6th Circuit
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Lawyer Silenced by Court in Halal Fraud Suit Claims Unlawful Prior Restraint
The Dearborn, Michigan-based attorney who was ordered to remove statements from his Facebook® page opposing a proposed class-action settlement in a case raising allegations that a McDonald’s Corp. franchisee purported to sell halal chicken when some of the products were not prepared according to Islamic law has filed a motion to vacate the order and…
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Court Orders Attorney to Cease Facebook® Criticism of Halal Fraud Settlement
A Michigan court has reportedly entered an order specifying what will appear on the Facebook® page of the attorney who filed a complaint seeking to set aside a settlement resolving claims that a McDonald’s Corp. franchisee purported to sell halal chicken when some of the products were not prepared according to Islamic law. Additional details…
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Kentucky Residents Sue Diageo over “Whiskey Fungus” Growth on Property
Several Louisville, Kentucky, residents and a business owner have filed a putative class action against Diageo Americas Supply, Inc., alleging that one of its distilling operations has caused an accumulation of “the fungus Baudoinia compniacensis, colloquially referred to as ‘whiskey fungus,’” on their real and personal property. Merrick v. Diageo Americas Supply, Inc., No. 12-334 (W.D.…
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State Court Allows Cleveland to Prohibit Trans Fats in Prepared Meals
A Cuyahoga County, Ohio, court has reportedly determined that a state law prohibiting municipalities from regulating the ingredients used in prepared foods, such as restaurant meals and grocery or bakery takeout items, does not preempt Cleveland’s ordinance prohibiting retail food establishments from selling foods containing trans fats. Cleveland announced the ban in April 2011, and…
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Lawsuits Concluded: No Trademark for “Texas Toast,” No Class Claims for Joe’s Crab Shack Employees, No Racial Discrimination Class Claims Against McDonald’s, No Wrongful Death Suit Against Dole Food, No Antitrust Action Against Whole Foods
The Sixth Circuit Court of Appeals has determined that the Roskam Baking Co. did not infringe a trademark by using the term “Texas Toast” in selling its packaged croutons. T. Marzetti Co. v. Roskam Baking Co., No. 10-3784 (6th Cir., decided May 25, 2012). Marzetti apparently began using the Texas Toast mark for its frozen garlic…
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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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Red Wax Seal Is Protected Trademark for Maker’s Mark
The Sixth Circuit Court of Appeals has determined that the red dripping wax seal that Maker’s Mark Distillery has registered as a trade dress element used on its Kentucky bourbon bottles is protected under trademark law due to its strength and distinctiveness in the marketplace, thus upholding a lower court ruling that Jose Cuervo infringed…
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Court Dismisses Remaining Claims in Milk Antitrust Litigation
A federal court in Tennessee has dismissed the two remaining claims in antitrust litigation filed by certain retail processed milk sellers against Dean Foods Co. and the Dairy Farmers of America, Inc. In re: Se. Milk Antitrust Litig., No. 08-1000 (E.D. Tenn., decided March 27, 2012) (ruling applies to Food Lion, LLC v. Dean Foods…