You may have noticed some faux gravity in media outlets of late dealing with cheese. If you’ve been tuned to Olympic coverage, you are forgiven for having missed such rollicking headlines as: “Judge Won’t Give Gruyere the Champagne Treatment.”[i] Or Planet Money’s “cheesy story” on radio trying to decipher a label with a trade
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California Enacts a New Law about Olive Oil Labeling
The new year is unfolding, and we are unexpectedly back in our kitchens, or should be, as we minimize socializing in indoor restaurants and bars. A downer, to be sure, but also an opportunity to reflect on some legal issues affecting food and wine. With apologies to those who prefer a classic menu, I’ll be…
Gratitude and Copyright
In a season where expressing gratitude is taking flight, I’m going on record with my appreciation of Judge Margaret McKeown. With clarity and panache, and a bit of her own rhymes, she laid to rest a strained decision regarding…
Dishing on Rice, Geographical Indications and the Holiday Spirit
Just in time for holiday meal prep, we have a legal quandary worthy of debate. Your side dish recipe calls for brown basmati rice bejeweled with cranberries and pomegranates. Sounds alluring. But what exactly is Basmati rice?
The answer, like so many things in law and life, is “it depends.” Cooking websites tell us that…
Time’s Up Trademarks: A Reflection
Hardly a week goes by now without news of another company announcing it will dissociate from a long-held brand that depicts or references racial caricatures or stereotypes. Even sophomoric attempts at humor like TRADER GIOTTO have tumbled in the face of public scrutiny. Arrivederci! It’s as if in board rooms across America, executives have raised…
Booking.com Gets a Green Light, but Other Online Platforms Should Proceed with Caution
The Wall Street Journal heralded the Supreme Court’s decision in the Booking.com case with the headline “Supreme Court Eases Trademark Rules for Websites.” (United States Patent and Trademark Office et. al. v. Booking.com B.V., decision by J. Ginsburg.) The Court “gave online companies broad latitude to trademark their website names,” it proclaimed as an…
Booking.com Goes to the Supreme Court
It’s that time of year again, when people are traveling hither and yon. If you haven’t made your reservations by now, or the French strikes have you worried, it’s likely you will find yourself at midnight scrolling through online travel sites to snag a last-minute, 20% off deal. Booking.com may be just the ticket.
A…
In an IP State of Mind
I’m from Billy Joel country, so you will forgive me if, despite living in Los Angeles, I am often in a “New York State of Mind.” But when I travel, I can’t help but notice that I get into an “IP State of Mind.” An example: I was in Buenos Aires a few years ago…
A Lawyer’s Visit to Prague
On the road
I had the pleasure of attending the California Lawyers Association-International Law Section joint meeting in Prague with the Czech Bar Association from October 17-18, 2019. The concept of the Rule of Law takes on a new and visceral meaning when you are seated in the courtroom of the High Court in Prague,…
Section 2(a) of Lanham Act Trimmed Again
The Brunetti Case
The United States Supreme Court decision in Iancu v. Brunetti issued June 24, 2019 held that the Lanham Act provision barring federal registration of immoral and scandalous marks violated the First Amendment. The majority opinion, by an odd fellows grouping of justices (Kagan, Thomas, Ginsburg, Alito, Gorsuch and Kavanaugh) explained that this…