Category: Litigation
-
“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…
-
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…
-
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…
-
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,…
-
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…
-
Grocery Bag Fee is Not a Tax, Colorado Supreme Court Holds
The Colorado Supreme Court has upheld a municipal ordinance charging a $0.20 “waste reduction fee” for paper grocery bags and prohibiting disposable plastic bags, ruling the charge is part of a regulatory program of waste management and not a tax. Colo. Union of Taxpayers Found. v. City of Aspen, No. 16SC377 (Colo., entered May 21,…
-
NLRB Allows Firing of Pizzeria Employee Following Criticism of Manager
The National Labor Relations Board (NLRB) has ruled that a pizzeria that fired an employee who criticized a manager did not violate the National Labor Relations Act. Bud’s Woodfire Oven LLC, No. 05-194577 (N.L.R.B., issued May 18, 2018). The determination focused on whether the employee acted on his own behalf or engaged in protected concerted…
-
Spangler Challenges Tootsie Roll Packaging in Trade Dress Lawsuit
Spangler Candy Co. has filed a lawsuit alleging that the packaging for Tootsie Roll Industries LLC’s Charms Mini Pops infringes its Dum Dums trade dress. Spangler Candy Co. v. Tootsie Roll Indus., LLC, No. 18-1146 (N.D. Ohio, filed May 18, 2018). Spangler asserts that for decades it has sold its lollipops in red bags with the…