Tag: New York
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White Castle Devotee Sues Company, Alleging Injury from Small Booth
According to news sources, a man who weighs nearly 300 pounds has filed an Americans with Disabilities Act lawsuit against White Castle in a federal court in New York, claiming that the stationary booth seating in a Nanuet restaurant is made for smaller people and that he hurt a knee trying to wedge into one…
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NRDC Seeks FDA Action on Its BPA Petition
The Natural Resources Defense Council, Inc. (NRDC), a non-profit advocacy organization, has filed a complaint for declaratory and injunctive relief against the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA), seeking an order compelling FDA to issue a final response to NRDC’s October 2008 petition calling on the…
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Recently Filed Lawsuits: Death in a Chocolate Factory, Demand for Documents in NYC “Man Drinking Fat” Ads, New Claims That Wesson Oil Is Not “100% Natural”
The parents of a 29-year-old who died after he fell into a vat of chocolate have filed a wrongful death action in a Pennsylvania state court against the company that owned the plant where he worked and a number of other defendants involved in manufacturing the allegedly faulty equipment that purportedly led to the accident.…
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“Sleepy” Tea Designations Brew Trademark Dispute
Celestial Seasonings has filed a complaint against Mexican and Texas companies that are allegedly infringing its Sleepytime trademark with a tea product sold under a “Sleeping Time” mark. The Hain Celestial Group, Inc. v. Royal Tea S.A. de C.V., No. 11-2504 (E.D.N.Y., filed May 24, 2011). According to the complaint, Celestial began registering its marks…
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Advocacy Non-Profits Call for FDA to Address Antibiotics in Animal Feed
A coalition of non-profit advocacy organizations has filed a complaint for declaratory and injunctive relief against the Food and Drug Administration (FDA), alleging that the agency has unreasonably delayed action on several of its petitions relating to the use of antibiotics in animal feed. Natural Res. Def. Council v. FDA, No. 11-3562 (S.D.N.Y., filed May 25,…
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Infringement Alleged for “Give ‘Em the Bird” Bourbon Mark
Rare Breed Distilling has filed a trademark infringement action in a Kentucky federal court alleging that Jim Beam Brands’ use of “Give ‘Em the Bird” in connection with its Old Crow bourbon whiskey “is likely to confuse and deceive consumers and purchasers of bourbon whiskey products.” Rare Breed Distilling LLC v. Jim Beam Brands Co., No.…
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Trademark Rights to “Heart Attack” Designation on Food Menus Contested
A New York City deli has filed a lawsuit in federal court seeking a declaration that it has not infringed the trademark of an Arizona-based restaurant by selling an “Instant Heart Attack Sandwich” and planning to sell a “Triple Bypass Sandwich.” Lebewohl v. Heart Attack Grill LLC, No. 11-3153 (S.D.N.Y., filed May 10, 2011). According…