As I’ve said many times, High Pressure Processing (HPP) is a method of food processing where food is subjected to elevated pressures (up to 87,000 pounds per square inch or approximately 6,000 atmospheres), with or without the addition of heat, to achieve microbial inactivation or to alter the food attributes in order to achieve consumer-desired
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Something Isn’t Kosher (I Can’t Help Myself)
This page suggests that Urban Tortilla, which sells tortillas in San Francisco Airport, paid $299 for the spiffy U in circle logo above. They have now been sued by the Union of Orthodox Jewish Congregations, owner of the U in circle certification mark that indicates that food is kosher. Among the foods prohibited under the…
Well, I Hear The Whistle But I Can’t Go
I’m gonna take her down to Mexico
She said oh no
Guadalajara won’t do
Full lyrics here.
guadalajara v guadalajaraguadalajara v guadalajara
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Lexmark: Standing Under 43(a) False Advertising: “Zone of Interests” plus “Proximate-Cause”
First, a shout out to Prof Tushnet, of 43(b)log, whose article is cited with approval in this case.
Lexmark manufactures toner cartridges. Cartridges can be re-filled by ‘re-manufacturers’, so Lexmark inserted a microchip that prevented re-use (unless the consumer returned the cartridge to Lexmark). A ‘shrink-wrap’ license prohibited the consumer from submitting the cartridge to…
Where’s Cookie Puss At? Beastie Boys v Monster Energy
This SDNY decision is chock full of useful legal tidbits.
Monster Energy allegedly disseminated a video that included four (or was it five?) songs in which the Beastie Boys owned 50% of the copyright (or did they?). The Beastie Boys sue on copyright and trademark. All sorts of pre-trial motions get brought. From the top:…
Two Restaurants Named COUNTRY KITCHEN About 35 Minutes From Each Other
Plaintiff, owner of a federal registration for COUNTRY KITCHEN for a nationwide chain, operates a COUNTRY KITCHEN in Patchogue. Defendant operates the NORWICH COUNTRY KITCHEN, in East Norwich, which is about 35 minutes away.
country kitchen complaintcountry kitchen complaint
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This Is How Louisiana Spends Its Tax Dollars
Advocacy organization MoveOn.org placed billboards in Louisiana criticizing the governor’s Medicaid policies. The billboard refers to Louisiana’s trademarked phrase ‘Pick Your Passion.’
Here is the ‘argument.’ The Lieutenant Governor’s office, which we are told is a ‘separate’ office from that of the Governor, instructs the Tourism Department. The Tourism Department is the title owner of…
LovelySkin.com v LivelySkin.com re Presumptions in 2(f) Regs
LovelySkin.com owns registrations for LOVELYSKIN and LOVELYSKIN.COM, which it obtained through a showing of acquired distinctiveness under Section 2(f) of the Lanham Act. It sued LivelySkin.com for infringement (both were ‘cosmeceutical’ retailers). Defendant counterclaims, moving to cancel plaintiff’s registrations. The District Court found no confusion and cancelled the regs. This 8th Circuit decision does a…
Must-Read Complaint: Gluco Perfect v Perfect Gluco
This is a link to the opening ‘da-duh’ clang from Law and Order.
Kevin Mernone ran Gluco Perfect, a successful medical supply company. According to the complaint: He was an alcoholic and going through a divorce. Defendant Francine Freiman worked at the company. While he struggled with his disease, she ‘covertly’ plied him with liquor.…
Not At Home With This Grange
National Grange organization sues former chapter. History of plaintiff here.
grange v grangegrange v grange
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