Blogs
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...
First DTSA Verdict was for a Recipe Misappropriated by a Contract Manufacturer
by evansfox | Apr 28, 2017 | Copyright, Patent, Trademark
Almost a year ago, the federal Defend Trade Secrets Act ( DTSA) was adopted to strengthen protection for businesses whose proprietary data and information is misappropriated despite its affirmative efforts to protect it. Note that last part: in order to be accorded...
5 Steps for Spring Cleaning Your Brand Assets
by evansfox | Apr 26, 2017 | General Business, Restaurants & Bar
You may be doing some spring cleaning at home or in your yard as the winter seasons fades away. Now that tax season is over, it is a great time to to do some spring cleaning at your business. One project that can pack a big punch in your business is a regular program...
“Reserve” Variations May Not Be Protectable as Trademarks
by evansfox | Apr 24, 2017 | General Business, Restaurants & Bar
“Reserve” is a common term used in the hospitality industry by hotels and restaurants. Common terms are difficult to register as trademarks if they have a connection in the mind of the consumer to the product or service. In that situation, they take on a descriptive...
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