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Department Of Labor Publishes Tipped Employee Final Rule

1 Nov 2021, 8:01 am by David Grant and Caroline M. Landt

Denny’s, Inc., which adopted the 80/20 rule, the DOL changed little from the NPRM despite considerable pushback from industry interests. [read post]

Employment Law Spotlight - http://www.employmentlawspotlight.com/

Department Of Labor Publishes Tipped Employee Final Rule

1 Nov 2021, 8:01 am by David Grant and Caroline M. Landt

Denny’s, Inc., which adopted the 80/20 rule, the DOL changed little from the NPRM despite considerable pushback from industry interests. [read post]

Employment Law Spotlight - http://www.employmentlawspotlight.com/

TTABlog Test: Is "BEDLAM VODKA & Design" for Vodka Confusable With "BEDLAM! & Design" for Beer?

22 Oct 2021, 3:43 am

The Board noted once again that there is no per se rule that all alcoholic beverages are related. [read post]

The TTABlog - http://thettablog.blogspot.com/

The battle of the palms: How Mills & Mills LLP helped the El Mocambo register its iconic trademark and preserve a piece of Toronto’s music history

14 Oct 2021, 1:40 pm by Mills & Mills LLP

These clips were also presented to the Trademark Opposition Board as evidence; more on that below. [read post]

Mills and Mills LLP Blog - https://www.millsandmills.ca/blog/

Food Industry Litigation and Regulatory Highlights, July – September 2021

5 Oct 2021, 6:15 pm by Kristi L. Wolff and Jaclyn M. Metzinger

Aldi, Inc. [read post]

Ad Law Access - http://www.adlawaccess.com

In re Vivent: CAFC notes: Agency action that “departs from established precedent without a reasoned explanation [is] arbitrary and capricious.” Fred Beverages, Inc. v. Fred’s Cap. Mgmt. Co., 605 F.3d 963, 967 (Fed. Cir. 2010)

29 Sep 2021, 12:53 pm by Lawrence B. Ebert

” Return Mail, Inc. v. [read post]

IPBiz - http://ipbiz.blogspot.com/

TM complainant fails to sink its teeth into unrelated false advertising claims

28 Sep 2021, 9:04 am by Rebecca Tushnet

MPL Brands, Inc., No. [read post]

43(B)log - http://tushnet.blogspot.com/

[Eugene Volokh] Paycheck Protection Program Exclusion of Nude Dancing Establishments Likely Constitutional

17 Sep 2021, 9:00 am by Eugene Volokh

From Camelot Banquet Rooms, Inc. v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Pom Wonderful applies to pharmaceuticals, but "implied FDA approval" claim still fails

30 Aug 2021, 10:13 am by Rebecca Tushnet

Hospira, Inc., 1 F.4th 1374 (11th Cir. 2021) Belcher alleged that the labels for two of Hospira’s drugs falsely implied that the products and their uses were FDA-approved. [read post]

43(B)log - http://tushnet.blogspot.com/

TTAB Dismisses HUDL Opposition to HUDL BREWING COMPANY: Proof of Dilution Fame Fails and Goods/Services Too Different for Section 2(d)

23 Aug 2021, 4:08 am

Agile Sports Technologies, Inc. v. [read post]

The TTABlog - http://thettablog.blogspot.com/

Food Industry Regulatory and Litigation Highlights – June 2021

16 Jul 2021, 11:27 am by Kristi Wolff, Jaclyn Metzinger and Joseph Green

General Mills, Inc. [read post]

Ad Law Access - http://www.adlawaccess.com

Precedential No. 18: TTAB Orders Cancellation of Two Registrations Under Section 14(3) Due to Registrant's Misrepresentation of Source

6 Jul 2021, 3:43 am

" The beverages are imported and sold in the United States, and Coca-Cola plans to market THUMS UP and LIMCA beverages more widely in this country. [read post]

The TTABlog - http://thettablog.blogspot.com/

[Guest post] Retromark Volume IX: the last six months in trade marks

8 Jun 2021, 11:32 am by Eleonora Rosati

I have defended marks with very little, but defeated marks with more. [read post]

IPKat - http://ipkitten.blogspot.com/

TTABlog Test: Is BARSKI Primarily Merely a Surname for Glassware and Related Goods?

27 Apr 2021, 5:24 am

In re Majestic Gifts Inc., Serial No. 88682492 (April 12, 2021) [not precedential] (Opinion by Judge Cindy B. [read post]

The TTABlog - http://thettablog.blogspot.com/

No Right to Jury Trial or Evidentiary Hearing for Calculation of Disgorgement of Profits in Design Patent Case

14 Apr 2021, 10:45 am by Stan Gibson

”); JL Beverage Co., LLC v. [read post]