Blogs
They Got a Trademark Registration. Why Can’t I?
by evansfox | Jul 25, 2017 | Trademark
Business owners whose trademark application is refused registration often find examples of other businesses who were awarded federal registration in very similar circumstances. There is a general policy that the Trademark Office be consistent in its administration of...
Buffalo Theory Beer is Latest Target of Sazerac
by evansfox | Jul 25, 2017 | Brewery & Cidery, General Business
Sazerac is aggressively protecting its Buffalo Trace brand. They don’t even have a decision yet on the trial against Fetzer Vineyards trademark infringement when Fetzer used a buffalo image and the phrase bourbon barrel-aged” on its wine labels. This time, the target...
Another Descriptive Advertising Lawsuit: Grubhub Sued Over Delivery Prices
by evansfox | Jul 18, 2017 | General Business, Uncategorized
According to the complaint being proposed as a class action suit, when customers ordered food through the Grubhub app, they were shown different delivery charges than they were ultimately charged. The customer complains it is deceptive advertising. It appears that...
When Your Endorsing Celebrity Falls From Grace
by evansfox | Jul 18, 2017 | General Business
Celebrity endorsements and collaborations can really boost sales of a product, especially in the craft beer and spirits industry. Followers of the celebrity will be introduced to your product, bringing a new customer base and potentially increasing your market to new...
What is “natural?” Define it literally to avoid a lawsuit
by evansfox | Jul 17, 2017 | General Business, Tips For the Entrepreneur
There has been a recent trend in lawsuits with consumers claiming food products have been misleadingly labeled as containing “natural” flavors and ingredients, when in fact they were “artificial” powders, extracts or other flavorings rather than the original source...
Is Your Website ADA Compliant? If You Are in the Hospitality Business, It Had Better Be
by evansfox | Jul 17, 2017 | General Business
There has been a surge of class action lawsuits against restaurants claiming that their website is not ADA compliant. The plaintiffs claim the website is not accessible to blind and visually impaired people. The most recent victim is a Brooklyn bakery chain, Milk Bar,...
Brand Owners Should Use “Look For” Advertising When It Comes to Trade Dress
by evansfox | Jul 6, 2017 | General Business, Trademark
Product configuration can be protected as trade dress, a form of trademark protection. A recent TTAB appeal discussed the role of “look for” advertising in connection with the federal protection of the product configuration as a trademark. Look for advertising refers...
Crowdfunding for legal cases?
by evansfox | May 2, 2017 | General Business, Restaurants & Bar
Crowd Justice is a platform to solicit crowdfunding for legal matters. Crowdfunding has its attractions – it can level the playing field in a “David versus Goliath” situation. The legal system can favor those who can “afford” justice or just plain outspend the...
Helped a Client Avoid an Illegal Contract Today
by evansfox | May 2, 2017 | Retail Liquor License
Today I was working with a client who was purchasing a business from a large corporate national chain. The business involved a liquor license for a restaurant and bar. The Seller presented them with a legal agreement allowing the Buyer to act as a manager under a...
ADA compliant website?!
by evansfox | May 2, 2017 | General Business, Restaurants & Bar
Five Guys Burger is defending an anti-discrimination action brought yy a blind woman claiming she is unable to buy a cheeseburger because the website is not accommodating to sight impaired users. The case is Marett v Five Guys Enterprises LLC, 1: 17 cv 00788...
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