Category: Litigation
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Dairy Queen Alleges “Blizzard” Water Infringes Trademarked Treats
American Dairy Queen Corp. has filed a lawsuit challenging W.B. Mason Co.’s application for a “Blizzard” trademark for its bottled water. Am. Dairy Queen Corp. v. W.B. Mason Co., Inc., No. 18-0693 (D. Minn., filed March 12, 2018). Dairy Queen alleges that it trademarked “Blizzard” for milkshakes in 1946 and has extended the mark to…
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Lawsuit Alleges “Keenwah” Snacks Have Minimal Quinoa
I Heart Foods Inc. faces a putative class action alleging that its “I Heart Keenwah” Quinoa Puffs contain mostly rice and pea protein rather than the quinoa implied by the product name. Ransom v. I Heart Foods Inc., No. 18-1465 (E.D.N.Y., filed March 8, 2018). According to the complaint, Quinoa Puffs are made from quinoa…
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“Pasture-Raised” Egg Lawsuit Settlement Announced
The Organic Consumers Association (OCA) has announced the settlement of a lawsuit alleging Handsome Brook Farms mislabeled eggs as “Pasture Raised” despite being sourced from non-pasture producers or from producers not meeting standards for pasture-raised products. OCA noted that since the suit was filed, Handsome Brook’s new management has developed internal audit processes and supply…
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Seventh Circuit Dismisses Hacky Sack Suit Against Wendy’s
The U.S. Court of Appeals for the Seventh Circuit has ruled that the Guinness World Records holder for hacky sack kicks has no valid claims for false advertisement, false endorsement or right of publicity against Wendy’s International Inc., which distributed a hacky sack with a children’s meal and challenged children to break the plaintiff’s record.…
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Court Expresses Doubt on FDA’s “Good-Faith Efforts” to Define “Natural”
A New York federal court has issued a decision seemingly aiming to spur action from the U.S. Food and Drug Administration (FDA), which has purportedly exhibited “no discernible activity” to establish a definition of “natural.” In re Kind LLC “Healthy and All Natural” Litig., No. 15-2645 (S.D.N.Y., entered March 2, 2018). Kind LLC previously filed motions to…
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University Sues Professor’s Company for Fruit Cultivar Patent Infringement
Washington State University (WSU) has filed a lawsuit alleging Phytelligence Inc., a WSU horticulture professor’s company, sold an apple cultivar to a third party, breaching a propagation contract and infringing the university’s patent. Wash. State Univ. v. Phytelligence Inc., No. 18-0361 (W.D. Wash., filed March 8, 2018). WSU allegedly agreed to allow Phytelligence, which aims…
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Flavoring Manufacturer’s Trade Secret Claim to Continue
An Illinois court has refused to dismiss Gold Medal Products Inc.’s lawsuit alleging that Bell Flavors and Fragrances Inc., with the help of a former Gold Medal employee, misappropriated trade secrets. Gold Medal Prods. Inc. v. Bell Flavors & Fragrances Inc., No. 17-4084 (N.D. Ill., entered March 2, 2018). Gold Medal alleged that its recipe…
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Popcorner Bags Contain 54 Percent Slack Fill, Consumer Alleges
BFY Brands, Inc., maker of Our Little Rebellion snacks, faces a potential class action alleging that its one-ounce bags of popcorn contain up to 54 percent slack fill. Reaves v. BFY Brands, Inc., No. 18-2065 (S.D.N.Y., filed March 7, 2018). The plaintiff alleges that he bought bags of Popcorners products—including Smokin’ Jalapeño White Cheddar, Sweet…