News & Analysis as of

Starbucks

PSL® Season Is Upon Us

Exult, lovers of autumn and decorative gourds – the air is crisp and the leaves are changing. And, in the treasured annual tradition, this week marked the release of Starbucks’ Pumpkin Spice Latte – or PSL® as they may prefer...more

Old Grounds: A Lack of Prop 65 Warnings Brew Trouble for Coffee Franchisors

by Lewitt Hackman on

California Prop 65 warnings – many residents barely notice these anymore, as we’ve lived with Safe Drinking Water and Toxic Enforcement Act notices for over 30 years now. They appear at gas pumps; in apartment and office...more

The Last Unicorn… Frappuccino?

by Bryan Cave on

While the mythical unicorn is a rare creature, it has recently become a marketing phenomenon, with the unicorn’s rainbow-laden powers being harnessed to sell unicorn-themed products that can cover you from literally head to...more

What’s the Flap Over the Unicorn Frappe?

On May 3, 2017, Montauk Juice Factory Inc. sued Starbucks Corporation in the Eastern District of New York, [1:17-cv-02678] alleging that Starbuck’s “UNICORN FRAPPUCCINO” infringed its “distinctive and famous” UNICORN LATTE. ...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

China’s infamous shadow banking industry—an $8.5 trillion marketplace that’s sprung up in reaction to the government’s “campaign against financial leverage”—is back and bigger than ever these days....more

Food for Thought: A Review of 2016 Litigation

by 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

Your Daily Dose of Financial News

by Robins Kaplan LLP on

8 years after returning as CEO, Starbucks’ Howard Schultz is again planning to step down, turning over the barista apron to current president and COO Kevin Johnson. Schultz will continue to work on Sbux social issues and the...more

The Clock is Ticking for the “De Minimus” Time Doctrine

by Fox Rothschild LLP on

With briefs due next week, we anxiously await the California Supreme Court’s review of the de minimus doctrine in Troester v. Starbucks Corporation. Under the doctrine, employers are not obligated to pay employees for small...more

Another judge rules Starbucks doesn't deceive with its ice

by Thompson Coburn LLP on

In a recent post about the rise in so-called “slack-fill” litigation, we discussed a California district court’s dismissal of a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained...more

Starbucks Puts Another False Advertising Lawsuit On Ice

by Reed Smith on

On Friday, the U.S. District Court for the Northern District of Illinois dismissed a class-action lawsuit against Starbucks. The class alleged a violation of Illinois’ Uniform Deceptive Trade Practices Act and the Illinois...more

Retail and Consumer Products Law Roundup - October 2016

Supreme Court to Review Credit Card Surcharge Statutes - Why it matters: In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card...more

Advertising Law - September 2016

NAD Recommends Goop Lifestyle Blog Clean up Its Claims - Gwyneth Paltrow's agreement to discontinue her lifestyle blog Goop for a line of dietary supplements following an inquiry by the National Advertising Division...more

NO ICE, PLEASE!

by Weintraub Tobin on

California’s unfair competition and consumer protection laws protect consumers from false representations about products or services. These laws include the Unfair Competition Law (Business and Professions Code §17200, et...more

Can Starbucks Tolerate Cannabis Parody?

A couple of weeks back, I captured this image from a t-shirt for sale in Starbucks’ backyard — at a shop in the Pike Place Market area of Seattle...more

Employment Law Navigator – Week in Review: August 2016

by Zelle LLP on

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Brilliant (but not bedazzled) baristas

by FordHarrison on

A ton of us are drinking coffee. I literally have a paper cup full of “life juice” next to my keyboard as I write this post. Coffee is not the reason I get out bed, but it is certainly a large contributor to me not staying...more

Food and Beverage News and Trends - May 2016 #2

by DLA Piper on

Report finds no danger to human health in consumption of GMOs. In a 388-page report released May 17, the National Academies of Sciences, Engineering and Medicine said it has found no evidence of adverse health effects in...more

Advertising Law - April 2016

Yahoo's Deal on E-Mail Scanning: More Warnings, No Cash - A California federal court judge granted preliminary approval of a settlement agreement in a lawsuit accusing Yahoo of reading e-mail messages for ad-targeting...more

Artist Sues Starbucks Claiming Copyright Infringement

by Field Law on

New York artist Maya Hayuk was approached by an advertising agency working for Starbucks, to see if she would assist them with a proposed advertising campaign. Ms. Hayuk is known internationally for her paintings using bold...more

Court tells Brooklyn Artist to “Fugetaboutit” on Her Copyright Claims against Starbucks

by Dorsey & Whitney LLP on

Maya Hayuk is a Brooklyn artist known for her vivid murals that use a variety of geometric shapes punctuated by bright hues and layers of dripping paint. In June of 2015, Hayuk filed a complaint against Starbucks on copyright...more

Nativity Scenes & Starbucks Coffee Cups Spark Holiday Controversy Across Nation

It wouldn’t be the holidays without controversial nativity scenes igniting lawsuits across the country. Generally, these lawsuits are brought under the Establishment Clause, alleging that the government illegally endorses...more

European Competition Law Newsletter – November 2015

by McGuireWoods LLP on

A company that helps with or facilitates a cartel is at just as much risk of sanctions and penalties as are the actual cartelists. This was confirmed by the EU’s highest court (the European Court of Justice (ECJ)) on 22...more

Starbucks Brews Successful CBMs - Starbucks Corp. v. Ameranth, Inc.

by McDermott Will & Emery on

Addressing patent eligibility for a covered business method (CBM) review under Section 18 of the America Invents Act (AIA), the Patent Trial and Appeal Board (PTAB, the Board) found the patents-at-issue to be eligible and...more

Second Circuit Upholds NLRB's Triple Play Decision, Expanding Section 7 Protections for Employees' Social Media Activity

by Littler on

Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more

New Jersey Commercial Landlord Finds Loophole in Lease to Avoid Tenant Exclusivity Restrictions

by Cole Schotz on

On October 21, 2015, the New Jersey Appellate Division affirmed a trial court ruling that a South Jersey landlord did not violate a coffee-related exclusivity provision in its lease with Starbucks when it subsequently rented...more

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