Gray Robinson demonstrates commitment to Alcohol Licensing, Food & Beverage Law
Gray Robinson is the National Law Library provider for Alcohol Licensing and Food and Beverage Issues. The firm has significant experience in these areas.
For more information, please contact Elizabeth DeConti, Shareholder with Gray Robinson.
August 2010 • Vol III, Issue 3
In this Issue:
- On Your Mark: Understanding and Protecting Your Trademark
- Cooking and Cleaning May Be "Essential Job Functions" Even For Managers
- HospitalityLawyer.com Resources
- Industry Resources
- 2011 Hospitality Law Conference
Intellectual Property
On Your Mark: Understanding and Protecting Your Trademark
by David Denney
When I think of “trademark infringement,” a few examples come to mind. My favorite, though, is from the 1988 film Coming to America, in which Cleo McDowell (played by John Amos) hunkers down in his office in the “McDowell’s” fast food restaurant to read a McDonald’s operations manual. McDowell’s sold the “Big Mick” burger, and the restaurant’s sign was a huge golden “M,” referred to as the “Golden Arcs”. The scenes are funny because they are so ridiculous; the infringement of trademarks and trade dress so blatant. In the real world, however, whether there is infringement is a harder determination to make.
This article will attempt to give a very basic overview of trademark terminology, discuss the importance registering marks at the federal level, and provide a few examples of court cases involving claims of trademark infringement (and what may be learned from them).
Cooking And Cleaning May Be "Essential Job Functions" Even For Managers
by Fisher & Phillips
A federal appeals court decision provides some significant insight into what courts may consider to be "essential functions" of restaurant managers, in a case that arose under the Americans with Disabilities Act (ADA). Richardson v. Friendly Ice Cream Corporation.
HospitalityLawyer.com Resources
Webinars
HospitalityLawyer.com offers the following upcoming live legal, safety, and security webinars, including:
-
August 25, Insurance Recovery Challenges Raised By The BP Oil Spill presented by Bob Glasser, BDO Consulting, and David Wood, Anderson Kill Wood & Bender
The BP Spill is having a severe impact on hospitality companies doing business in the Gulf of Mexico, eating into operating income in the short and long terms. These companies face challenges in proving and recovering business income losses under their property insurance policies and from the BP Fund. They also face significant obstacles in recovering insurance proceeds from culpable defendants to mitigate their longer-term business losses. This webinar will help hospitality companies prove their business income claims and evaluate strategies for transferring financial consequences of the Spill to culpable parties.
We also offer on-demand legal, safety, and security webinars, including:
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Developing a Responsible Alcohol Service Policy, presented by Elizabeth DeConti with Gray Robinson
Solutions Store
Visit our Solutions Store for forms and checklists, including a form containing Suggested Policies and Practices for the Responsible Service of Alcohol. The form contains suggested clauses for an alcohol policy, including clauses on:
- Training and Certification,
- Dealing with Minors, and
- Responsible Service, Safety, and Security.
In the search box, type "Suggested Alcohol Policies and Practices for the Responsible Service of Alcohol."
Training
Did you know HospitalityLawyer.com offers Alcohol Server Training? Please click here for more information.
How To Free Up Cash Flow Now:
Take Advantage of a Cost Segregation Study
If you are undertaking construction, renovation or purchase of a building, you may be eligible for substantial state and federal tax savings.
Certain assets related to the project may qualify for accelerated depreciation, meaning you can take larger tax deductions over a shorter period. The benefits of larger tax deductions include increased cash flow and lower cost of capital in the first few years following a project or purchase.
A cost segregation study, conducted by qualified professionals, can help you identify opportunities to claim accelerated depreciation.
Save the Date for the 2011 Hospitality Law Conference
The 2011 Hospitality Law Conference is scheduled for February 9-11, 2011, in Houston, Texas. Mark your calendars to not miss this one-of-a-kind conference!
HospitalityLawyer.com
P.O. Box 22888
Houston, Texas
77227
HospitalityLawyer@HospitalityLawyer.com
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