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Articles by Ben Kappelman
Dorsey Partner Ben Kappelman Elected to PAI Board Chair
Dorsey & Whitney LLP is pleased to announce that Partner Ben D. Kappelman was elected Chair of the Board of Directors of PAI, where he has volunteered as a director since 2018. PAI is a Minnesota-based, non-profit day and employment support program that empowers the individual choices of adults with intellectual and developmental disabilities to achieve meaningful participation in and connection to the community.
First Circuit: Lizzie Borden Themed Coffee Shop Serves Different Goods to Different Consumers from Guests at Lizzie Borden Bed and Breakfast | JD Supra
How many years must pass before a grisly murder can support a marketing effort? Apparently, something less than the 132 years since Lizzie Borden’s father and stepmother were axe murdered in Fall River, Massachusetts. (Yes, the passive voice is intentional—a jury acquitted prime suspect Lizzie, and the murders remain unsolved.) Fall River is city of about 100,000 people that abuts the Rhode Island state line.
How High Court Is Assessing Tribal Law Questions
By Ben Kappelman, Anthony Jones and Amy Weisgram (August 8, 2023, 6:28 PM EDT) -- This term, the U.S. Supreme Court ruled on the rights and interests of Native American people and tribal governments in a handful of cases.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
How High Court Is Assessing Tribal Law Questions
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Eleventh Circuit: First Amendment Means MTV Floribama Shore Does Not Infringe FLORA-BAMA Trademark | JD Supra
In MGFB Properties, Inc. v. Viacom Inc., the U.S. Court of Appeals for the Eleventh Circuit recently sided with Viacom and its subsidiary MTV in a trademark action brought by the owners of the Flora-Bama Lounge, who alleged infringement by the television series MTV Floribama Shore. The court held that the title of MTV’s show was protected by the First Amendment, applying the familiar Rogers v. Grimaldi test, which assists courts in balancing Lanham Act protection against free speech.
Former tribal judge and Montana State Court standing master Brenda C. Desmond Dies at 72
MINNEAPOLIS, MN: Brenda C. Desmond of Missoula, Montana, died June 20, 2022, in Minnesota, where she had been treated for brain cancer. Judge Desmond began her 40 years of service to Montana Tribes in 1978 as an advisor to the Crow Tribal Court, following her graduation from law school in her hometown of Buffalo, New York. She quickly developed a deep respect and affinity for Montana’s Tribal Nations.
Trademark Bully or Meritorious Plaintiff? Taco John’s vs. Taco Chon | JD Supra
A trademark infringement lawsuit filed in Minnesota by Taco John’s against Minnesota Mexican restaurant Taco Chon Mexican Grill is heating up in federal court and the court of public opinion. Taco John’s is a large restaurant franchise founded in the late 1960s, with more than 300 locations centered in the mid-western United States. Taco Chon is a restaurant founded in 2019 with two locations in Minnesota.
Ninth Circuit Asks Montana Supreme Court for Guidance: Is an Employer Defending Itself in a Wrongful Discharge Lawsuit Limited to the Reasons for Termination Given in a Discharge Letter? | Dorsey & Whitney LLP - JDSupra
Many Montana employees can claim the protection of Montana’s unique Wrongful Discharge from Employment Act, which generally bars an employer for terminating an employee without “good cause” after the employee has completed a probationary period.
Federal Court Blocks Effort to “Revive” J.W. Dant Bourbon Brand Already Alive | JD Supra
Just in time for the holidays, the U.S. District Court for the Western District of Kentucky issued a decision steeped in two rich holiday traditions—family lore and alcohol. On December 16, 2021, the court entered a preliminary injunction against Log Still Distilling, LLC in a trademark infringement and unfair competition action brought earlier this year by Heaven Hill Distilleries, Inc., both manufacturers of bourbon.
10th Circuit Declines to be the Exception and Follows Patent Act Standard for Prevailing Party Attorney’s Fees in “Exceptional Cases” under Lanham Act | Dorsey & Whitney LLP - JDSupra
Since the Supreme Court’s 2014 decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., district courts have had expanded discretion to award prevailing party attorney’s fees in “exceptional cases” under the Patent Act, pursuant to 35 U.S.C. § 285. Section 35 of the Lanham Act (15 U.S.C. § 1117) also permits attorney’s fees awards in exceptional cases, and so courts have increasingly applied the Octane standard to Lanham Act litigation.
Montana Supreme Court Upholds $2.3 Million Judgment Against Former Employees Subject to Restrictive Covenant | JD Supra
Montana is often perceived as unfriendly to restrictive covenants in employment agreements. But in a decision last week, the Montana Supreme Court showed its willingness to enforce those covenants, when they contain reasonable terms and do not pose a complete bar to departing employees’ ability to practice their professions. On July 14, in Junkermier, Clark, Campanella, Stevens, P.C. v.
Divorce, Trademark Infringement, and Naked Licensing - Eighth Circuit Grapples With Lawn Care Quality Control | JD Supra
When family feuds become federal trademark cases, this blog takes notice. In this edition, the U.S. Court of Appeals for the Eighth Circuit wades into a dispute between divorced lawn care proprietors. Their divorce “Mutual Separation Agreement” split their business in half but, for a time, permitted both businesses to use the same name.
’Tis the Season for Family Drama: Seventh Circuit Explains Reverse Trademark Confusion in Battle Over Family Name | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Seventh Circuit Upholds Trade Dress Protection for “Iconically Designed” Bodum Chambord French Press Coffeemaker | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Supreme Court Settles Circuit Split and Reads the False Claims Act Statute of Limitations Provision Broadly in Boon to Relators | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Honey Badger Don’t Care About Trademark Infringement, But The Ninth Circuit Does | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Trademarks Can Originate from Fictional Sources: Fifth Circuit Upholds Trademark Protection for The Krusty Krab | JD Supra
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Sixth Circuit: Timing of Physician Certification for In-Home Care Remains Material After Escobar | JD Supra
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Third Circuit: False Claims Act Liability Premised on an Anti-Kickback Statute Violation Requires Proof that at Least One Federal Claim Resulted from an Improper Referral or Recommendation | Dorsey & Whitney LLP - JDSupra
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