News & Analysis as of

General Mills

Cheerios Yellow Box Rejected For Trademark Registration

by Ladas & Parry LLP on

In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the...more

The Cheerios Challenge of Registering Color Marks

by McDermott Will & Emery on

The Trademark Trial and Appeal Board (TTAB) delivered a primer on demonstrating the acquired distinctiveness of product packaging or trade dress, including color marks, in refusing registration of a trademark application for...more

General Mills Finds Out That Yellow Is Not “Magically Delicious”: Brands Fighting To Protect Their True Colors

by Knobbe Martens on

Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that...more

Cheerios Registration Refused for Yellow Color Mark

For the past couple years, General Mills has battled to register a yellow color mark in connection with its Cheerios® breakfast cereal. More specifically, back in 2015, General Mills applied to register (Serial No. 86757390)...more

8th Circuit Finds ADEA Does Not Preclude Arbitration

One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute that clearly entitles plaintiff(s) to a court trial. In a recent 8th Circuit case, that court carefully...more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Contaminated Flour – Is Nothing Sacred?

by Selman Breitman LLP on

As of August 1, 2016, General Mills had voluntarily recalled some 45 million pounds of several types of raw flour products because E.coli bacteria had allegedly been found in flour produced at the General Mills plant in...more

Your daily dose of financial news - The Brief – 6.13.16

by Robins Kaplan LLP on

Hedge fund managers—not that long ago the titans of Wall Street, thanks in part to their “2 and 20 model” that saw them receiving fees of 2% of assets under management and 20% of any gain in any year—are reeling from the loss...more

Food Product Recalls – Are You Covered?

by McCarter & English, LLP on

Food and beverage recalls, regardless of the reason, continue to proliferate in the news cycle. At the end of May General Mills issued a recall of 10 million pounds of flour due to a potential link to an outbreak of E. coli...more

The Legal Angle On General Mills Recall Of 10 Million Pounds Of Flour

What happened? On May 31, General Mills issued a voluntary recall (http://www.generalmills.com/flour/) of more than 10 million pounds of flour. Between mid-December 2015 and early May 2016, thirty-eight people have been...more

Eighth Circuit Reverses Class Certification in Vapor Intrusion Litigation

by Bryan Cave on

On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more

8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more

Your daily dose of financial news The Brief – 5.20.16

by Robins Kaplan LLP on

Manhattan USA Preet Bharara’s back in front of the cameras and back on the insider-trading horse with the announcement yesterday of criminal charges against well-known sports bettor Billy Walters and former investment banker...more

Food and Beverage News and Trends Series - April 2016

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Four major companies announce voluntary GMO labeling. Four major food...more

Court Stays Away from Trans Fat in General Mills Case

A recent decision from the Central District of California demonstrates the challenges serial plaintiffs may have with pursuing similar class actions and showcases the primary jurisdiction doctrine. On December 29, 2015, in...more

Ninth Circuit: No Relief from Stay in General Mills’ Trans Fats Case Pending FDA Action

The Ninth Circuit will not review district court stays, the appeals court recently held, because they are not “final orders” subject to immediate appeal. On January 26, 2015, the Ninth Circuit granted General Mills’ motion to...more

Chobani Yogurt Ad Campaign Enjoined – A Healthy Result for Yoplait and Dannon

by Dorsey & Whitney LLP on

When I opened up a newspaper a few weeks ago and saw an ad by Chobani for its Simply 100 Greek Yogurt, my first thought was, “that’s going to provoke a false advertising dispute.” Here’s what Chobani said about its competitor...more

“Older Workers” Do Not Have To Arbitrate Statutory Employment Claim

Arbitration is having its 15 minutes of fame. Thanks to a series in the New York Times, my inbox is full of links to the articles, questions about the information, and fascinating commentary. [Next time I am in Oakland, I...more

Food and Beverage Law Update: October 2015

by Holland & Knight LLP on

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Food Recall Events: The Importance of Evaluating Your Insurance Coverage Before a Voluntary and Mandatory Food Recall

by McCarter & English, LLP on

Food recalls are on the rise as consumer protection regulations become more stringent, and they can be costly events. There can be significant expenses associated with removing impacted products from stores; reimbursing...more

Food and Beverage Alert (US)

by DLA Piper on

Former food executive faces possible life sentence for salmonella outbreak. The possible fate of Stewart Parnell, a former president of the Peanut Corporation of America, is being discussed in media worldwide. Federal...more

Beer for Breakfast: Lessons in Co-Branding from General Mills

Yesterday General Mills announced that it had partnered with Fulton Brewery to create HefeWheaties: a limited edition brew. The beer is a Hefeweizen, which is traditionally a wheat-based beer, making it a perfect canvas for...more

2014: The Year of Arbitrator Authority

A lot of interesting arbitration law was made this year, on topics from validity to vacatur, but the banner issue was arbitrator authority.  SCOTUS announced that theme for the year with its BG Group decision in March and...more

Minnesota Federal Court Clarifies Pleading Standard in Vapor Contamination Case

by Beveridge & Diamond PC on

In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a...more

Food and Beverage News and Trends - Food and Beverage Alert (US): September 2014

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Poll indicates strong support by parents for school lunch standards. On...more

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