Category: U.S. Circuit Courts
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RICO Claims Dismissed in Tomato Suit
A California federal court has dismissed Racketeer Influence and Corrupt Organizations Act (RICO) claims against tomato-processing companies Los Gatos and Ingomar but will allow a bribery claim to proceed. Morning Star Packing Co. v. SK Foods, L.P., No. 9-0208 (E.D. Cal., order entered June 14, 2017). The Morning Star Packing Co. brought a RICO and bribery…
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Beverage-Packaging Company Files Trademark Infringement, Cyberpiracy Suit Against Former Chair
Gizmo Beverages has filed a lawsuit against its former chair alleging trademark infringement, cyberpiracy and conversion in response to his reported refusal to surrender company-related domain names and email accounts. Gizmo Beverages, Inc. v. Park, No. 17-2037 (C.D. Cal., filed June 14, 2017). Gizmo licenses the patents for a bottle-cap closure from another company, but…
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Candy Maker Alleges Competitor Infringed Trademarks, Patents
Sugarfina, maker of “luxury boutique” candies, has filed a trademark, copyright, patent and trade dress infringement suit against Sweet Pete’s alleging the competitor relied “heavily on several design elements of Sugarfina’s distinctive packaging and marketing” of Cuba Libre®, Peach Bellini®, Fruttini, Candy Cube, Candy Concierge and Candy Bento Box® products. Sugarfina v. Sweet Pete’s, No.…
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Lawsuit Challenges Sanderson Chicken’s “All Natural” Claims
Sanderson Farms, Inc.’s “all natural” chicken contains pesticides, antibiotics and other pharmaceuticals, according to a lawsuit filed by the Center for Food Safety, Friends of the Earth and Organic Consumers Association. Organic Consumers Ass’n v. Sanderson Farms, No. 17-3592 (N.D. Cal., filed June 22, 2017). The plaintiffs allege that Sanderson’s chicken products are advertised as “100%…
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Livestock Associations Sue USDA for COOL Rule Repeal
Two livestock trade associations have filed a lawsuit against the U.S. Department of Agriculture (USDA) alleging the agency’s 2016 repeal of marking and labeling regulations violates the Meat Inspection Act and the Tariff Act. Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of Am. v. U.S. Dept of Agric., No. 17-0223 (E.D. Wash., filed June 19, 2017).…
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GMO Complaint Dismissed Against Tabatchnick Soups
A complaint against the maker of Tabatchnick soups that alleged the company’s products could not be called “natural” because they contain genetically modified organisms (GMOs) has been voluntarily dismissed. Ramsaran v. Tabatchnick Fine Foods, Inc., No. 17-60794 (S.D. Fla., dismissed June 9, 2017). The plaintiff had argued that he relied on the company’s “all natural”…
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Jelly Belly ECJ Suit Dismissed With Leave to Amend
A plaintiff’s “cursory, formulaic recitation” of her purchase of Jelly Belly Candy Co.’s Sport Beans did not include enough factual allegations to establish a claim for relief, a California federal court has ruled. Gomez v. Jelly Belly Candy Co., No. 17-0575 (C.D. Cal., order entered June 8, 2017). The plaintiff had alleged the candy maker’s…
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Bulleit® Bourbon Maker Asserts Trade-Dress Rights to “Canteen-Shaped” Bourbon Bottle
Diageo has filed a trademark-infringement and dilution lawsuit against a competitor that allegedly mimicked Diageo’s Bulleit® bottle shape and labeling. Diageo N. Am. V. W.J. Deutsch & Sons, No. 17-4259 (S.D.N.Y., filed June 6, 2017). Diageo asserts that Bulleit® is sold in a “distinctive canteen-shaped bottle featuring embossed lettering” on the label, meant to “evoke…