Kyle-Beth Hilfer's Blog (9)

The Dangers of Do-It-Yourself Trademark Applications

Aside from food, menu design, décor, and personable help, a restaurant’s name is its calling card and chief intangible asset. Protecting that name under trademark law is a key part of corporate due diligence. Too many restaurateurs, however, mistakenly believe that seeking trademark protection merely involves filing a form with the United States Patent and Trademark Office (USPTO). They forego legal counsel, assuming they can secure protection themselves and save some money. In the end, they…

Continue

Added by Kyle-Beth Hilfer on April 9, 2013 at 12:14pm — No Comments

When Food is Dangerous: Hidden Legal Risks on Menus

Every restaurant knows that food can be dangerous. If a chef uses adulterated chicken in a Waldorf salad, he risks his patrons’ health and his restaurant’s reputation. The food a restaurant serves can create less obvious legal risks. Many states regulate offering specific foods, and there is little consistency from state to state. New regulations pop up based on trade association lobbying efforts or the whims of local politicians. The result is a morass of legal regulations that affects…

Continue

Added by Kyle-Beth Hilfer on April 4, 2013 at 8:56am — No Comments

Freedom Fizzles in NYC with Proposed Super Sided Soda Ban

I rarely feel compelled to give my opinion publicly, but this one has me fuming. Mayor Bloomberg of New York City wants to ban supersized soda and sugary beverages sold at restaurants, delis, food carts, movie theaters, and arenas.  The ban would apply to any container holding more than 16 ounces, and if passed by the NYC’s Board of Health, could go into effect as early as March, 2013. Violators would face fines.

 Truth be told, I do not drink soda, even small serving sizes, and I do…

Continue

Added by Kyle-Beth Hilfer on June 13, 2012 at 8:00am — No Comments

Happy Hour Advertising and Unhappy Legal Complications

A recent study showed that men are more creative when drinking beer. Whether this is true or not, the study may lead to bars and restaurants being more bold in advertising their happy hours. Indeed, restaurants and bars are increasingly turning to social media and mobile campaigns to promote happy hour specials. They may advertise on their websites or their Facebook pages, or they may push messaging via cell phones.

 

Happy hour advertising may seem like a great way to draw in…

Continue

Added by Kyle-Beth Hilfer on April 25, 2012 at 10:30am — No Comments

The Case of the $11 Margarita: Is It Legal to Withhold Menu Prices?

Many restaurants do not disclose the price of specials or cocktails on menus, hoping the impulse to imbibe will sway the customer. Restaurateurs should be aware that this practice has legal risk.

In February, 2012, the Cheesecake Factory announced that it would begin posting drink prices at its Massachusetts locations. This announcement came after a patron’s attorney threatened to sue under the Massachusetts Consumer Protection Act (MCPA) because the restaurant charged $11 for a…

Continue

Added by Kyle-Beth Hilfer on March 27, 2012 at 3:18pm — 6 Comments

Ten Legal Errors Restaurants Make in Their Social Media Sweepstakes and Contests

Restaurants frequently market through a sweepstakes or contest on Facebook or other social media. A prize promotion can publicize an updated menu, the opening of a new location, the revamping of a menu, or promote loyalty among followers.

Yet, in their enthusiasm for using this exciting marketing tool, restaurateurs frequently expose themselves to legal risk. Here is a list of ten mistakes that restaurants frequently make in launching a social media prize…

Continue

Added by Kyle-Beth Hilfer on February 22, 2012 at 8:35am — No Comments

Collen IP Hosting Free Webinar for FSMU 2011 Attendees: Legal Issues in Social Media and Mobile Marketing



What: Rewards, Challenges and Legal Risk in Social Media and Online Contests, Sweepstakes and Prize Promotions webinar 

 

When: At your convenience, between December…

Continue

Added by Kyle-Beth Hilfer on November 30, 2011 at 4:08pm — No Comments

How Restaurants Can Draft Social Media Policies to MInimize Legal Risk of an NLRB Complaint

Last week, I discussed how the NLRB’s August, 2011 report on social media investigations has ushered in a a new age of corporate social media policies. We find little solace in the recent administrative law judge ruling that Knauz BMW had fired properly an employee because some of his Facebook posts were not protected (others were). The same ruling also declared the employer’s policy overly broad and ordered the dealer to post a notice…

Continue

Added by Kyle-Beth Hilfer on October 14, 2011 at 7:22am — 8 Comments

The Age of Corporate Social Media Policies 2.0 (aka What the NLRB Did This Summer)

On August 18, 2011, the National Labor Relations Board’s  (NLRB) Acting General Counsel released a report concerning social media cases in the past year.  Anyone involved with developing or enforcing social media policies should read this report, coupled with the September Hispanics United of Buffalo decision. Together, these developments have ushered in a new age in drafting corporate social media policies.

 

There are some misconceptions among employers that the NLRB’s…

Continue

Added by Kyle-Beth Hilfer on October 6, 2011 at 11:12am — No Comments

Advertisments

 

DEPARTMENTS

Social Wine Club for Craft Wineries

Smartbrief

PepsiCo exec Lisa Walsh shares path to leadership

Industry leader Lisa Walsh, vice president of PepsiCo Customer Management, has risen through the ranks at the company since j -More

Checkers, Philly Pretzel Factory seize opportunity at Wal-Mart

Checkers and Philly Pretzel Factory are hoping to benefit from Wal-Mart's popularity by embracing new franchise development o -More

Quickserve eateries entice customers with local and sustainable angle

Locally-sourced, conscientious ingredients are gracing menus and grabbing loyal consumers at an increasing number of restaura -More

Galbani® Mascarpone. Gold Standard True Italian Taste.
Italy has a flavor all its own. When it comes to cheese, chefs who know choose Galbani. For irresistibly savory risottos and pastas, try classic Galbani mascarpone. Its rich, creamy goodness makes it perfect for favorites like tiramisu and cannoli. Galbani mascarpone, one of the fine brands from Lactalis Culinary. For paring suggestions, click here.

JOBS & CAREERS

Posting a job or finding a job starts here at FohBoh. Call us about special $50 posting packages to syndicate across all major jobs boards.

National News

Gen Z, the First True Digital Generation, Represents the Future Foodservice Consumer

Gen Z, the first true digital generation, represents the future foodservice consumer. They're a generation on the move that strongly prioritizes speed of service, technology, and having what they want, when they want it. Millennials, more so than older generations, prefer to visit restaurants that offer new and unique foods and flavors. Gen X and Boomers converge on several preferences—such as the importance of a convenient location.

Red Robin Gourmet Burgers Celebrates Its 500th New Restaurant Opening

Red Robin's 500th new restaurant opening will open on Aug. 4 at 11 a.m., in Milpitas, Calif. at the Great Mall of the Bay Area.

Darden Completes Sale Of Red Lobster To Golden Gate Capital

Darden Restaurants, Inc. (NYSE: DRI) and Golden Gate Capital today announced that Golden Gate has completed the acquisition of the Red Lobster business and certain other related assets and assumed liabilities for approximately $2.1 billion in cash.

Dunkin' Donuts Announces Plans For Seven New Restaurants In Duluth, Minnesota With New Franchisees Brian And Sharon Weidendorf

Dunkin' Donuts announced today the signing of a multi-unit store development agreement with new franchisees, Brian and Sharon Weidendorf, to develop seven restaurants in Duluth, Minnesota and the surrounding areas. The first restaurant is planned to open in spring 2015.

Wendy's Names Brandon Solano Senior Vice President of Marketing

The Wendy's Company (NASDAQ: WEN) announced today that Brandon Solano, 43, a veteran brand builder and product innovator, has been named Senior Vice President of Marketing.

CROWD FUNDING

If you are looking for capital to start or grow your restaurant, create the next 501c3, develop and launch the next app for the restaurant industry,or want to help your peers in some meaningful way, we want to know about it.

TED TALKS VIDEO

TED: Ze Frank: Are you human? - Ze Frank (2014)

Have you ever wondered: Am I a human being? Ze Frank suggests a series of simple questions that will determine this. Please relax and follow the prompts. Let's begin …

TED: Heather Barnett: What humans can learn from semi-intelligent slime - Heather Barnett (2014)

Inspired by biological design and self-organizing systems, artist Heather Barnett co-creates with physarum polycephalum, a eukaryotic microorganism that lives in cool, moist areas. What can people learn from the semi-intelligent slime mold? Watch this talk to find out.

TED: Shih Chieh Huang: Sculptures that’d be at home in the deep sea - Shih Chieh Huang (2014)

When he was young, artist Shih Chieh Huang loved taking toys apart and perusing the aisles of night markets in Taiwan for unexpected objects. Today, this TED Fellow creates madcap sculptures that seem to have a life of their own—with eyes that blink, tentacles that unfurl and parts that light up like bioluminescent sea creatures.

TED: Nikolai Begg: A tool to fix one of the most dangerous moments in surgery - Nikolai Begg (2013)

Surgeons are required every day to puncture human skin before procedures — with the risk of damaging what's on the other side. In a fascinating talk, find out how mechanical engineer Nikolai Begg is using physics to update an important medical device, called the trocar, and improve one of the most dangerous moments in many common surgeries.

© 2014   Created by FohBoh.

Badges  |  Report an Issue  |  Terms of Service