A recent battle between Miller’s Ale House and Boynton Carolina Ale House, LLC in Florida is a blow to trade dress protection for restaurants and ba...
City of Buffalo Department of Permit and Inspections for Restaurants and Bars
Opening a restaurant involves a lot of permits, inspections and licenses. For those opening an establishment in the City of Buffalo, here is a list of...
Checklist for serving food
Are you opening a food-serving restaurant or bar? Many restauranteers are the DIY type. To be sure you pass the health department inspections relating...
Delayed liquor license applications caused by existing license
You’ve decided to buy a bar or restaurant. You’ve spent hours and hours putting together an excellent liquor license application packet (or even j...
Employee or Contractor?
The IRS has 20 factors in its test to determine if a worker is an employee or independent contractor. IRS warns that not all factors are considered in...
“Emergency suspension” of liquor license
A review of 2012 emergency suspension orders of retailer licenses by New York SLA and the first ever wholesaler suspension by New York In 2012, there ...
Trade Dress Series, Part 5: Trade dress infringement
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Part 3 explored how cou...
Restaurant Trade Dress Series, Part 4: How courts do NOT protect functional features
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Part 3 explored how cou...
Restaurant Trade Dress Series, Part 3: How different courts evaluate trade dress infringement
Part 1 of this series introduced trade dress in restaurants and Part 2 took a closer look at restaurant décor as trade dress. Trade dress law is actu...
Restaurant Trade Dress Series, Part 2: Restaurant decor as trade dress
The best legal advice concerning business décor is be innovative to avoid copycat situations altogether. The court in the case of Rib Buddies, LLC v....