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11 Sep 7:50 am
Weaver v. Nestle USA, Inc., 2008 WL 5453734 (N.D. Cal. October 31, 2008) In a CRUNCH®
decision, the court waived its Pixie Stick®, took ... because of a lack of diversity of citizenship. The plaintiffs were California residents, and it was undisputed that Nestle is incorporated in Delaware and has a principal place of business in California. Under CAFA ... has a principal place of business. 28 U.S.C. § 1332(c).
Nestle argued that minimal diversity under CAFA existed because, based on its dual citizenship ...
31 Oct, 2007 5:53 pm
... paying him or getting his consent. Christoff had posed gazing at a cup of coffee for Nestle Canada in 1986 and was paid $250. The ensuing
label was designed for a brick of coffee, ... was supported by amicus curiae letters from the 120,000-member Screen Actors Guild Inc. and the 80,000-member American Federation of
Television and Radio Artists, ... likeness has been used without consent. Review in Christoff v. Nestle USA Inc., S155242, was granted by six of the high court's seven justices. Justice ...
20 Aug 1:48 pm
... use of Christoff's image would require further negotiations. Without informing Christoff, . . . Nestlé Canada used Christoff's image on the coffee brick. Eleven years later,
in 1997 ... when a publication is first distributed, does apply to cases of likeness-stealing. But because Nestle had used the image in
different ways, the court held, that did not necessarily mean that ... el le gusta el aroma. Que lástima, Nestlé. Que lástima. Link: Christoff v. Nestle USA, Inc., No. S155242 (Cal. Aug. 17, 2009). ...
21 Aug 2:30 pm
by James Kachmar In Cristoff v. Nestle USA, Inc., the California Supreme Court issued guidance
in determining when the statute of limitations runs on a claim for appropriation of likeness. Russell Cristoff, the plaintiff, was a ... provided by the single-publication rule." The
California Supreme Court concluded that the same logic applies to a product label as in the Nestle case that is "not published in an inherently
secretive manner," but is distributed widely to the public. In remanding the case ...
3 Jul, 2007 11:43 am
... California Court of Appeal reversed the judgment for Russell Christoff in his lawsuit against Nestle's. As I've written about before,
Christoff, a former model, happened to be in a store one ... , managed to opine that the face had accounted for no less than ten percent of Nestle's entire profits from the Taster's Choice brand, due to the importance of The Taster ... I guess Juan Valdez was not available. Link (to PDF of
opinion): Christoff v. Nestle USA, Inc., No. B182880 (Cal. Ct. App. June 29, 2007)
5 Jul, 2007 2:30 am
Case: Christoff v. Nestle USA, Inc., (Cal. App. 4th Dist., No. B182880, 6/29/07) The One
Sentence Summary: In considering claims under California' ... the 2 year statute of limitation for torts to property rights applied. The court rejected Nestle's arguments that it did not "knowingly" use plaintiff's image, or that there was ... section 3344 because he was not a celebrity. On remand, plaintiff
must show that a portion of Nestle's profits was due to use of his identity or persona. However, if he shows ...
9 Jul, 2007 6:25 am
Angela and Luis Garcia commenced a lawsuit, in the Kings County Civil Court, against Nestle USA
Inc. and ShopRite Supermarkets, seeking to recover damages caused by a defective food product purchased from a ShopRite store. The Garcias alleged that they had bought -- and one
of them had ingested ... "stuff" get into the salsa? As far as we can tell, ShopRite didn't have an answer. For a copy of the Appellate Term's decision, please use this link: Garcia v.
Nestle USA Inc.
1 Nov, 2007 1:00 pm
Yesterday, the California Supreme Court granted review in Christoff v. Nestle USA Inc., the
case involving a guy who noticed his face on a jar of Taster's Choice 16 years after he had done a photo shoot for the company for a different product. Christoff was awarded over $15
million by a jury in 2005, based on his expert's claim that the Taster's face was responsible for roughly 5 percent of the profits from that ...
19 Jun 1:23 pm
The California Supreme Court heard oral argument on June 3 in an important "right of publicity" case, Christoff v. Nestle USA Inc. Issues included whether the single publication rule applicable to mass communication-based torts applies to right of publicity claims; whether
use of another's likeness on a product label is a "publication" for purposes of the rule; whether its continuing use on product ...
21 Aug 1:05 pm
A reader has suggested that maybe the most noteworthy thing about the Christoff decision is that "the California Supreme Court thinks 'youthened' is a legitimate verb." See Christoff v.
Nestle USA, Inc., No. S155242, slip op. at 3 (Cal. Aug. 17, 2009) (stating that "Christoff's
photograph was youthened to make him appear younger and more similar to the original taster."). I was also horrified by that, but ...
7 May, 2007 4:30 am
... under numerous brand names and are marketed nationwide by many pet food retailers including Ahold USA Inc., Kroger Company, Safeway,
Wal-Mart Stores, ... 1-800-445-5777 or visit www.HillsPet.com for details. #### March 30, 2007 Nestle Purina PetCare Company today announced it
is voluntarily recalling all sizes and ... pet food plant operated by Menu Foods and the Las Vegas offices of ChemNutra Inc., as part of an investigation into the widening recall
of pet products, the companies disclosed on Friday ...
13 Mar 4:00 am
... Defendant's knowledge of re-examination certificate may constitute 'objective recklessness': Ultratech International Inc v Swimways Corp (Peter Zura's 271 Patent Blog)
District Court E ... concerning composite wear components (ITC 337 Law Blog) (ITC 337 Law Blog) Nestle - Nestle sues Wysong over process used by Wysong 15 years before Nestle patented ... 2(e)(5) functionality refusal of
shape of metal spray nozzle: In re UDOR USA, Inc (TTABlog) TTAB affirms PTO refusal to amend FIT TEST application from ...
20 Mar 10:35 am
... Co. Consolidated 17. Performance Food Group 18. Key Energy Services 19. Airgas Inc. 20. Schlumberger Ltd. 21. Gordon Food Service 22. United Rentals 23. Supervalu Inc.
... . Walgreen CO. 55. (tie) Mohawk Industries Austin Powder Co. 56. Mobile Mini Inc. 57. (tie) Publix Super Markets Advance Drainage Systems 58. National Dairy Holdings 59. ...
Bridgestone-Firestone North America Tire 65. Pepsi Bottling Ventures 66. AmeriGas Propane Inc. 67. Nestle USA 68. Foster Farms 69. United Natural Foods 70. (tie) ...
15 Jan, 2008 3:06 am
... al v. Thompson filed 07/10/07 closed 10/26/07 1:07-cv-03876 Nestle Prepared Foods Company v. Little Lady Foods, Inc. filed ...
Inc. filed 07/18/07 1:07-cv-04062 Nike, Inc. v. Geox USA, Inc. et al filed 07/19/07 closed 11/20/07 1 ... 08/07
1:07-cv-04512 Technology Development and Licensing, LLC v. Motorola, Inc filed 08/09/07 1:07-cv-04552 McKlein Company LLC v. ... :07-cv-04709 International Securities Exchange ,
LLC v. Chicago Board Options Exchange, Inc. filed 08/20/07 1:07-cv-04729 Niro, Scavone, Haller & ...
23 Jun 9:06 am
... Montgomery, Little, Soran, & Murray. Six-year-old Madison ate Nestle Toll House refrigerated cookie dough several times in mid-April,
2009. ... HUS. Almost seventy percent of the victims are female and under the age of 19. Nestle USA
has voluntarily recalled the product, and stopped production at the facility that made ... Congress Committee on Energy and Commerce. In 1998, Mr. Marler formed the not for profit,
Outbreak Inc. He spends much of the year speaking on how to prevent foodborne illnesses ...
23 Jun 3:03 pm
... Montgomery, Little, Soran, & Murray. Six-year-old Madison ate Nestle Toll House refrigerated cookie dough several times in mid-April,
2009. ... HUS. Almost seventy percent of the victims are female and under the age of 19. Nestle USA
has voluntarily recalled the product, and stopped production at the facility that made ... Congress Committee on Energy and Commerce. In 1998, Mr. Marler formed the not for profit,
Outbreak Inc. He spends much of the year speaking on how to prevent foodborne illnesses ...
27 Jun 9:35 pm
At least when Nestles USA announced that it was recalling all its Toll House cookie products, the public knew which retailers were
involved. Every retail grocery in the country provides generous ... the apparent cookie dough contamination. Getting far less public attention than the Nestle's E. coli O157:H7 cookie dough recall are seven beef recalls ... to retailers, only western New York restaurants. Alex & George Wholesale,
Inc. of Rochester, NY issued the recall. Seven beef recalls due to O157:H7 ...
14 Oct, 2007 5:22 am
... and capricious for MetLife to do so. We therefore reverse. 07a0415p.06 USA v. Smith Eastern District of Tennessee of Chattanooga GRIFFIN,
Circuit Judge. Defendant ... abuse its sentencing discretion. 07a0416p.06 DeBusscher v. Sam's East, Inc Eastern District of Michigan at Detroit RONALD LEE GILMAN, Circuit Judge.
Barbara ... Western District of Michigan at Grand Rapids BOGGS, Chief Judge. Nestle Waters North America, Inc. ("Nestle") appeals from the district court's dismissal of its claims against ...
4 Jul, 2008 10:14 pm
... of other individual and class action plaintiffs, as well as defendants Cadbury Adams U.S.A. LLC, The Hershey Co., ITWAL Ltd., Mars, Inc., Masterfoods USA, and Nestle U.S.A., Inc.) opposed pretrial coordination, but the parties did not agree on the appropriate
transferee court. Id., at 1. As the Judicial Panel summarized at page 1, "Moving and responding plaintiffs variously support centralization in the following districts: the ...
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