Tag: Oregon
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Vintner Sues for Infringement of Naked Winery® Marks
Naked Wines LLC has filed an action against Nakedwines.com, Inc. and Groupon, Inc. alleging that they have infringed its “family of erotically-themed marks” including NAKED WINERY®, NAKED WINERY VIXEN®, NAKED WINERY NAUGHTY®, and NAKED WINERY DIVA®. Naked Wines LLC v. Nakedwines. com, Inc., No. 12-01717 (D. Or., filed September 21, 2012). According to the complaint, Oregon-based…
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Organic Farmers Seek to Stop GM Canola Crops in Oregon
A nonprofit family farming organization, the Center for Food Safety and several seed companies have sued the Oregon Department of Agriculture seeking court review and a stay of a temporary rule that would open 1.7 million acres to genetically modified (GM) canola plants. Friends of Family Farmers v. Or. Dep’t of Agric., No. ___ (Or. Ct. App.,…
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Trade Groups Challenge DOL’s New Tip Pool Rule for Restaurant Employees
Restaurant trade organizations, an Oregon restaurant and one of its employees, a server, have filed a complaint for declaratory and injunctive relief against the U.S. Department of Labor (DOL), alleging that its interpretation of the Fair Labor Standards Act, forbidding restaurants from distributing a share of tips to non-tipped employees, regardless of whether the restaurants…
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Cantaloupe Importer Withdraws Tort Claims Against Epidemiologist and Oregon Public Health
Del Monte Fresh Produce has reportedly informed Oregon Public Health and state Senior Epidemiologist William Keene that it will not act on its notice to sue over their identification of the company’s imported cantaloupes as the source of a 2011 Salmonella outbreak. Additional details about the litigation threat appear in Issue 408 of this Update.…
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Del Monte Announces Intent to Sue Oregon Health Authority in Cantaloupe Flap
According to a news source, Del Monte Fresh Produce NA Inc. has indicated, as part of its campaign to counter allegations that its cantaloupes, imported from Guatemala, were tainted with Salmonella, that it intends to sue the Oregon Health Authority and a public health official for making “misleading allegations” about its products. Company Vice President Dennis…
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Lawsuit Against Cargill Seeks Recovery for Baby Sickened in Salmonella Outbreak
A lawsuit has been filed in an Oregon federal court on behalf of a 10-month-old girl who allegedly became ill and was hospitalized after eating a meatball made with ground turkey contaminated with Salmonella. Lee v. Cargill Meat Solutions Corp., No. 11-993 (D. Ore., filed August 16, 2011). Represented by an attorney with food plaintiffs’…
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Ninth Circuit Issues Ruling on Seasonal Farm-Worker Wages
The Ninth Circuit Court of Appeals has determined that the owner of peach and pear orchards in Oregon violated the law by crediting its seasonal workers’ housing costs toward their minimum wage and by paying them the day after their last workday. Bobadilla-German v. Bear Creek Orchards, Inc., Nos. 10-35205, 10-35268 (9th Cir., decided April…