Not all bananas are created equally. Rasta Imposta, a retail wholesaler of Halloween costumes, filed a claim for copyright and trade dress infringement and unfair competition against Kangaroo Manufacturing, another costume retailer, after Rasta’s CEO discovered Kangaroo selling a costume that resembled one of Rasta’s costumes without a license. The costumes in issue in Silvertop Assocs. v. Kangaroo Mfg., No. 18-2266, 2019 U.S. App. LEXIS 22989 (3d Cir. Aug. 1, 2019) consisted of full-body yellow banana outfits:

banana costume copyright infringement

Continue Reading A Case of Bananas: Costume Copyright Infringement

Audrey and Matt are young and in love. They have just graduated college and adopted Tenley, a one-year-old shelter puppy. Carol and Jack are in their late 50s and are getting married. Carol raises show dogs, and one of her dogs, Buddy, won multiple prestigious awards for agility. Steve and Jill, both in their early 30s, are getting married once Steve finishes his residency. Jill is an avid horsewoman and they plan to buy a property large enough to accommodate a stable. Finally, Larry and Sarah are getting divorced. They agree that the dog, Riley, should follow the children, which they will share custody of equally. However, in addition to the fact that Larry and Sarah both work and need doggy day care, Larry has substantial travel requirements for his job, which necessitates either Sarah taking Riley more than half the time, or expensive boarding expenses.

Continue Reading Puppynup – It’s a Thing, and If You Are an Animal Lover, You Need It

Perkins-Marie-Callenders-logos-bankruptcyPerkins & Marie Callender’s LLC, filed for Chapter 11 bankruptcy this morning in Delaware under docket number 19-11743.

The Memphis, Tenn. family-dining chain previously filed in 2011. Prior to filing, the company operated more than 400 locations in the two brands, including 400 Perkins Restaurant & Bakery locations (134 company and 266 franchised) and 38 Marie Callender’s restaurants (8 company and 30 franchised.

Continue Reading Perkins & Marie Callender Files for Chapter 11 Bankruptcy

Effective February, 1, 2020, New Jersey will join other 16 states (AL, CA, CO, CT, DE, HI, IL, ME, MA, MI, NY, NC, OR, PA, VT, WA, & WI) and 17 local governments (San Francisco, Atlanta, Chicago, Louisville, New Orleans, Jackson, MS, Kansas City, MO, New York City, Albany County, NY, Suffolk County, NY, Westchester County, NY, Cincinnati, Philadelphia, Pittsburgh, Richland County, SC, & Salt Lake City) in prohibiting employers from requesting salary history from job applicants.

Continue Reading NJ to Prohibit Employers from Requesting Salary History from Job Applicants

On May 7th, the Appellate Division of the New Jersey Superior Court issued an important decision in the case of Orlowsky v. Orlowsky, ruling that federally-protected retirement plans can be invaded to pay child support arrears and college tuition expenses, as well as attorney and expert fees.

Continue Reading Appellate Court Permits Invasion of Retirement Accounts to Enforce Child Support Orders

Charming Charlie, the teen jeweler and accessory retailer, filed its second Chapter 11 bankruptcy case in less than two (2) years this morning in Delaware under docket number 19-11534.

This Chapter 22, which is the filing of two (2) Chapter 11 bankruptcies in a short period of time, appears to mark the end of the retailer. It lists in its filings that it has plans to close all 261 stores. The company emerged from its prior Chapter 11 bankruptcy, where it shed about 100 stores, only 14 months ago. According to USA Today, the company expects to vacate its stores by August 31, 2019.

Continue Reading Charming Charlie Bankruptcy: Retailer Files for Second Chapter 11 Bankruptcy

This month, the Supreme Court struck down 25 U.S.C. § 1052(a) of the Lanham (Trademark) Act of 1946, which prohibited federal trademark registration of “immoral or scandalous” marks for goods and services, on the grounds that it violated the First Amendment’s Free Speech Clause as impermissible viewpoint-based discrimination due to its favoring of certain ideas over others.

Continue Reading <i>Iancu v. Brunetti</i>: The Best Defense is a Great Offense

In December 2018, Congress approved the Agriculture Improvement Act of 2018 (the “Farm Bill”) which authorized the production of hemp and removed hemp and hemp seeds from the DEA’s schedule of illegal Controlled Substances. After passage of the Farm Bill, questions arose with respect to interstate hemp transportation and who could obtain a license to produce hemp. Adding to the confusion, a number of Midwestern states seized hemp traveling through their borders and charged drivers with felonies for interstate drug trafficking.

Continue Reading USDA Clarifies Hemp Production, Use, and Transportation