Tag: restaurant
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Scotland Opens Diet and Health Proposals to Public Comment
The Scottish Government is seeking public comment on a consultation that proposes actions to improve diet and reduce obesity in Scotland. The government previously announced funding of more than $55 million over five years to limit the marketing of food high in fat, sugar and salt and provide weight-loss support for people with type 2 diabetes.…
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Smoothie Retailer Files Infringement Suit Against Former Employee and Contractor
Green Crush, a retailer selling juice, smoothie and aguas frescas beverages, has filed a lawsuit alleging that a former Green Crush manager and a former contractor engaged in corporate espionage, asserting that they used the chain’s proprietary information and infringed its trademarks and trade dress to start a competing company. Green Crush, LLC v. Paradise…
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Texas Appeals Court Holds House-Brand Beer Labels Not Protected Commercial Speech
A Texas appeals court has held that Mark Anthony Brewing cannot produce and label a house-brand beer for TGI Friday’s restaurants because state law prohibits “overlapping” relationships among alcohol manufacturers, distributors and retailers. Texas Alcoholic Beverage Comm’n v. Mark Anthony Brewing, Inc., No. 16-0039 (Texas Ct. App., entered October 13, 2017). The Texas Alcoholic Beverage…
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Projected Class Action Alleges Restaurant Groups’ Plan to End Tipping Is Conspiracy
Danny Meyer, David Chang, Jonah Miller, Tom Colicchio and other restaurateurs have been named as defendants in a putative class action that alleges a business strategy to eliminate tipping and replace it with a service charge of at least 20 percent is price-fixing and a conspiratorial restraint of trade that violates the federal Racketeer Influenced…
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Burger Chain Faces Food-Safety Allegations from Former Employee
A former employee of Shake Shack Inc. has alleged he was fired after complaining about health and safety violations at one of the company’s New York City locations. Via v. Shake Shack Inc., No. 17-7049 (S.D.N.Y., filed September 14, 2017). The plaintiff alleges that managers of one location fired him after he complained that, among…
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Seventh Circuit Rejects Subway Class Action Settlement, Remands for Dismissal of Entire Action
The U.S. Court of Appeals for the Seventh Circuit has rejected class certification and a settlement agreement in a lawsuit alleging Subway sells “Footlong” sandwiches that are sometimes shorter than 12 inches. In re: Subway Footlong Sandwich Mktg. & Sales Practices Litig., No. 16-1652 (7th Cir., entered August 25, 2017). “In their haste to file…
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TTAB Says No Likelihood of Confusion Between “Cannibal” Beer and “Cannibal” Restaurant
The Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office has reversed a refusal to register “The Cannibal” as a mark for beer to Iron Hill Brewery, finding little likelihood of confusion between the beer and a restaurant called “The Cannibal Beer & Butcher.” In re Iron Hill Brewery, No. 86682532 (TTAB,…
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Slack-Fill Putative Class Action Filed Against Pret A Manger
Pret A Manger faces a putative class action alleging the chain’s wrap packaging hides inches of empty space between sandwich halves. Lau v. Pret A Manger (USA) Ltd., No. 17-5775 (S.D.N.Y., filed July 31, 2017). The complaint alleges that Pret’s wraps are packaged in clear plastic sleeves with an opaque cardboard band hiding nonfunctional slack…