congerdesign © pixabay.com

Blueberry Muffin Beer Not on Tap at the Trademark Office

As seen on www.craftbrewingbusiness.com:

How does a nice frosty Blueberry Muffin sound on a hot summer day? No, not the baked variety, but a blueberry muffin-flavored beer brought to you by the folks at Humboldt Street Collective LLC, dba Great Notion Brewing and Barrel House. If such a brew sounds appealing, that’s great, but you won’t be finding it under the BLUEBERRY MUFFIN trademark. And that’s because the USPTO’s Trademark Trial and Appeals Board (“TTAB”) refused to register the word mark BLUEBERRY MUFFIN, which Great Notion Brewing recently applied for. The TTAB determined that Blueberry Muffin is a generic term that should be available to describe any beer having a blueberry muffin-like flavor, and not just Great Notion Brewing’s product. But the decision is a questionable one. (Read More)

phartisan © 123RF.com

Another Class Action-Related Gift to Employers from the U.S. Supreme Court  

Nearly a year after its decision in Epic Systems Corp. v. Lewis, finding that class and collective action waivers contained in employer arbitration agreements are lawful and enforceable under the Federal Arbitration Act, the U.S. Supreme Court has spoken once more on the topic. This week, in Lamps Plus Inc. v. Varela, the high court ruled that arbitration agreements must specifically contemplate class arbitration for that process to be invoked. (Read More)

Madelyn M. Polzin ©

Oh, Say Can You CCPA

Does your company collect personal information on California residents and meet ANY of the following criteria?

1. Annual gross revenue in excess of $25 million.

2. Individually, or combined with affiliates, buys, sells, or shares the personal information of 50,000 or more consumers, households, or devices.

3. Derives 50% or more of its annual revenue from the sale of consumers’ personal information.

If so, say hello to the California Consumer Privacy Act – considered to be the strictest data privacy law in the United States – which you will be subject to beginning on January 1, 2020. (Read More)

Illia Uriadnikov © 123RF.com

California's Consumer Privacy Act: The Public Has Spoken

Last June, the California Consumer Privacy Act – which is considered to be the strictest data privacy law in the United States – was signed into law. Among other things, the CCPA gives Californians the right to know what personal information (PI) is being collected about them, whether their PI is being sold and to whom, the right to access their PI, the right to delete PI collected from them, and the right to opt-out to the sale of their PI. (Read More)

Le Moal Olivier © 123RF.com

Navigating the Complex Web of the FMLA

The Family Medical Leave Act (FMLA) is admittedly complex. Still, covered employers are required to strictly comply with its terms. To assist employers as they navigate the intricacies of the FMLA, the U.S. Department of Labor (the “DOL”) recently issued several opinions concerning some difficult and unresolved issues. (Read More)