From July 1, 2016, employers in the City of Los Angeles must allow for at least 48 hours of employee paid sick leave in each year of employment, calendar year, or 12-month period. Accrued unused paid sick leave will roll over to the following year of employment and may be capped at 72 hours. Paid sick leave may be provided in lump sum at the beginning of the year, or accrued at a rate of at least 1 hour per every 30 hours worked which is the same minimum accrual rate as CA law, but with a higher accrual cap. CA has a cap of 48 hours.
Bayer vs. Belmora: Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:14-cv-00847-GBL-JFA)
In this unfair competition case, the court considered whether the Lanham Act permits the owner of a foreign trademark and its sister company to pursue false association, false advertising, and trademark cancellation claims against the owner of the same mark in the United States. Bayer Consumer Care AG (“BCC”) owns the trademark “FLANAX” in Mexico and has sold naproxen sodium pain relievers under that mark in Mexico (and other parts of Latin America) since the 1970s. Belmora LLC owns the FLANAX trademark in the United States and has used it here since 2004 in the sale of its naproxen sodium pain relievers. BCC and its U.S. sister company Bayer HealthCare LLC (“BHC,” and collectively with BCC, “Bayer”) contend that Belmora used the FLANAX mark to deliberately deceive Mexican-American consumers into thinking they were purchasing BCC’s product. BCC successfully petitioned the U.S. Trademark Trial and Appeal Board (“TTAB”) to cancel Belmora’s registration for the FLANAX mark based on deceptive use. Belmora appealed the TTAB’s decision to the district court. In the meantime, BCC filed a separate complaint for false association against Belmora under § 43 of the Lanham Act, 15 U.S.C. § 1125, and in conjunction with BHC, a claim for false advertising.
After the two cases were consolidated, the district court reversed the TTAB’s cancellation order and dismissed the false association and false advertising claims.
Bayer appeals those decisions. In its decision, the district court focused on a key question related to Bayer’s Lanham Act § 43(a), 15 U.S.C. § 1125(a), claim: “Does the Lanham Act allow the owner of a foreign mark that is not registered in the United States and further has never used the mark in United States commerce to assert priority rights over a mark that is registered in the United States by another party and used in United States commerce?” The district court held that the answer was no, based on the district court’s interpretation of the Supreme Court’s analysis in Lexmark International, Inc. v. Static Control Components, Inc.
The 4th Circuit held the answer was yes. The court found that the plain language of the Lanham Act § 43(a) does not require the plaintiff to possess or have used the trademark in U.S. commerce. The court found that it is not the plaintiff’s use, but rather the defendant’s use in commerce—of an offending “word, term, name, symbol, or device,” or of a “false or misleading description of fact”—that creates injury under the terms of the statute. The court thus held that it was Belmora’s use of FLANAX in commerce that grounded the injury.
Revlon paid out $900,000 to settle a class claim over the product line’s name to mislead consumers into believing the foundation, powder, and concealer would alter the genetic code of their skin cells.
Products: DNA Advantage line of three cosmetic products: foundation, powder and concealer
NY Federal District Court:
ANNE ELKIND and SHARON ROSEN, on behalf of themselves and all others similarly situated, Plaintiffs, vs
REVLON CONSUMER PRODUCTS CORPORATION, Defendant. Case No. 2:14-cv-02484-JS-AK
The U.S. Occupational Safety and Health Administration (OSHA) has changed material elements of the 29 Code of Federal Regulation (CFR) 1904 to include electronically submittal of injury and illness data for certain industries. This rule will be phased into effect within a two-year period with certain high-risk employers being targeted for more frequent reporting than their low-risk counterparts. Whereas, employers with high injury rates will have injury records available for workers, job seekers, customers, researchers, and the general public that will affect the way they do business. The rule applies to private sector employers covered by OSHA with more than 10 employees. State and local government employers are covered in states with federally approved state OSHA plans. OSHA does not require employers in industries it considers “low hazard” to keep injury records under the new rule. This category includes educational services (schools, colleges, universities, and libraries), medical and dental clinics and laboratories, and other workplaces where AFSCME members are employed. These employers must still report any workplace incident that results in a death or causes three or more employees to be hospitalized, the same as other employers.
Telephone Consumer Protection Act (TCPA) regulates and limit’s retailers’ ability to contact consumers by cell phone, text or prerecorded message. Businesses have serious liabilities for violating TCPA. Developing effective and creative mobile marketing campaigns to promote products and services is the solution to make sure your business TCPA compliant.