News & Analysis as of

Lanham Act Restaurant Industry

Proskauer - Minding Your Business

New York and Chicago-Style Pizza Wars: The Trademark Edition

The great pizza wars of 2021 are not what you might expect. While the courts will never be able to resolve the question of who (or where) makes the best pie, a pair of decisions from the last few weeks did resolve contentious...more

Ervin Cohen & Jessup LLP

Proposed Grubhub False Advertising Settlement Challenged By Plaintiffs In Competing Lawsuit

A proposed class action settlement pending in the District Court of Colorado involving Grubhub, Inc. has been called into question by would-be intervenors from a similar action against Grubhub pending in the Northern District...more

Hogan Lovells

CopyC@ Pizzerias – D.C. Circuit affirms dismissal of &Pizza’s IP suit against foreign copycat

Hogan Lovells on

In a case “test[ing] the limits of the extraterritorial application of the Copyright and Lanham Acts,” the D.C. Circuit affirms the dismissal of design-your-own pizza restaurant &pizza’s lawsuit against an Edinburgh-based...more

Farrell Fritz, P.C.

Avoiding Confusion with the 8-Factor Test for Trademark Infringement

Farrell Fritz, P.C. on

Trademark registration is essential for small business owners who are looking to build and protect the brand within their community. But when a competitor opens up down the street with the same or similar name, trademark...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Webinar on Genome Editing in Animals - The U.S. Food and Drug Administration has announced an April 25, 2019, public webinar about “genome editing in animals, an...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Lewitt Hackman

Franchisors, Got Claims? Don't Let Them Spoil Like Bad Cheese

Lewitt Hackman on

This is the tale of two restaurants, each facing trademark infringement claims under the Lanham Act brought by two, separate franchisors. The franchisees’ restaurants had three things in common: First, cheese is a key...more

Carlton Fields

Food for Thought: A Review of 2016 Litigation

Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Akerman LLP - Marks, Works & Secrets

Generic Churrascos at the Federal Circuit

The Federal Circuit recently provided additional guidance concerning whether an applied-for mark is generic in In re Cordua Restaurants, Inc., (May 13, 2016). This case stemmed from the United States Patent and Trademark...more

Knobbe Martens

Trademark Review | August 2015

Knobbe Martens on

The Redskins Lose Again (Off the Field)- A federal District Court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that “Redskins” cannot be registered as a trademark for use in connection with a...more

Nexsen Pruet, PLLC

Brand Standards Are for Everyone

Nexsen Pruet, PLLC on

Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be....more

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