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Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Re-thinking What We Think We Know About Bitcoin (Part I)

It’s no surprise that, as the way we exchange information continues to evolve at an ever-increasing pace, the way we exchange value is rapidly evolving too. This two-part series explores the Bitcoin evolution occurring in...more

Food for Thought: Federal Court Says Subway's Sandwiches Must Measure Up

A federal court judge from the Eastern District of Wisconsin gave preliminary approval to a settlement of the consumer class action lawsuit alleging that Subway deceptively and fraudulently advertised and sold “six-inch and...more

Federal Labor Officials Step Into the Lion’s Den

Two top federal labor officials engaged in a spirited dialog with two franchise lawyer moderators at the American Bar Association’s annual Forum on Franchising in New Orleans on October 16.  The topic: whether the National...more

Food Litigation Newsletter - September 2015

RECENT SIGNIFICANT RULINGS - Subway Settles Footlong Complaints - In re: Subway Footlong Sandwich Mark’g & Sales Practices Litig., No. 3:13-md-2439 (E.D. Wis.): The Court granted preliminary approval to a nationwide...more

Advertising Law - September 2015

Third Circuit Affirms FTC's Power to Regulate Data Security Practices - Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency may...more

Calculating the Incalculable: Reputational Damage (Part I of III)

Today I am beginning a three-part series on reputational damage. The first part tries to define the term “reputational damage;” the second part focuses on managing threats to a company’s reputation and the final posting...more

Scandal Serve as a Reminder of the Importance of Morals Clauses

This week, long-time Subway spokesperson Jared Fogle reached a plea agreement on charges of child pornography and having sex with minors.? ?Although the sandwich shop noted that it no longer has a relationship with Fogle,...more

Subway Franchise in Albany Sued by EEOC for Sexual Harassment of Teen Job Applicants

Restaurant Manager Sent Sexually Offensive Texts Demanding Sex for Jobs, Federal Agency Charged - ALBANY, N.Y. - Draper Development, LLC, doing business as Subway, which operates at least 24 Subway restaurants in the...more

Pay Attention! Symbols Matter!

A couple different events occurred this past week which ought to serve as reminders of the importance of symbols and the need to protect brand perception when dealing with symbols....more

Subway Drops Footlong TM from Advertising

The last time I was at the airport I snapped this photo showing how Subway finally appears to have dropped its use of the TM symbol in association with the word FOOTLONG: As you will recall, Subway had attempted to...more

(Subway) Eat Flesh, An Effective Parody?

This past weekend one of my sons said, “Dad, I have a good blog topic for you.” After he explained, it was clear, yes, son you do! So, he sent me the photo to the left. It is one that he recently snapped at a place that sells...more

Focused on Franchise Law - March 2014

FRANCHISOR 101: Franchisee Not Bound by Arbitration Provision - In March 2013, Edison Subs, LLC, a Subway franchisee/transferee, filed a complaint in New Jersey against Subway and Aliya Patel (the original...more

Trademark Review - Stacked Wine, SUPERJAWS and Subway (October 2013)

The Downfall of a “Stacked” Wine - Stacked Wines, LLC makes individually-packaged glasses of wine that vertically stack to form one full bottle of wine. Stacked Wines sought to register the mark STACKED in the...more

Post Summer Part 1 of 5 - Protected Brand vs. Protected Photo

In some respects, the summer of 2013 seemed long. In others, it feels as if Memorial Day and the early June heat wave were only yesterday. But just because this blog went on a brief summer hiatus doesn't mean the world of...more

Millions of False TM Notices to Remove?

A hot dog is a type of sandwich, and “footlong” denotes a type, category, or class of sandwiches (those measuring about a foot in length), making ”footlong” a generic term and part of the public domain – incapable of serving...more

The Greatest Blog Post About Deceptive Advertising Ever Written*

Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never...more

Sheetz Flushing Subway’s Footlong TM Hope?

It has been almost six months since oral argument before the TTAB over the question of whether the word “footlong” is a trademark or a generic name for a type of sandwich. What type of sandwich you ask? One about twice as...more

Food Litigation Newsletter - February 2013

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

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