Duff on Hospitality Law

Any uncertainty regarding the FCC’s position on hotels’ interference with Wi-Fi hot spots was answered yesterday. In its January 27, 2015 Enforcement Advisory, the FCC spoke directly to the “disturbing trend” of hotels and other commercial establishments that block personal Wi-Fi hot spots. This post brings us the latest development in Wi-Fi blocking practices. - Greg

Ruth Walters, member of our Hospitality, Travel & Tourism practice, focuses on hospitality operations, general intellectual property and technology transactions. In today’s post, she describes how trademark infringement suits can be tricky at best and the various factors to consider before filing suit. Thank you for today’s post, Ruth! – Greg

Do you need to register or renew your trademark? Claire Hawkins, member of our IP & Technology and Hospitality, Travel & Tourism practice groups, shares the good news of reduced application fees being offered by the U.S. Trademark Office in 2015. Thank you for today’s post, Claire! – Greg

The latest skirmish between businesses and negative on-line reviewers resulted in a win for TripAdvisor. On December 30, 2014 an Oregon trial court ruled that Oregon’s Shield Law protects TripAdvisor from having to disclose the true identity of a poster on its on-line reviewing service. The Ashley Inn, from Lincoln City, sued TripAdvisor reviewer, “12Kelly,” who posted several scathing reviews about the Inn. The Ashley Inn sought to compel the identity of “12Kelly.” A Multnomah County circuit judge refused to do so by applying Oregon’s Media Shield Law, ORS 44.520. That statute protects a reporter from having to disclose the source for information used to prepare a news report. The court found that the Shield Law protected TripAdvisor because it is a “medium of communication.” Hence, TripAdvisor did not have to disclose the identity of its “source” - “12Kelly.”

This blog post discusses how the recent Supreme Court ruling, Integrity Staffing Solutions v. Busk, may impact potential employee wage and hour claims for hourly employees in the future. – Greg

What is the impact of the FDA’s New Food-Labeling Regulations? The new rules cover any restaurant or “retail food establishment” selling “restaurant-type food.” Does that include the wide array of retail and hospitality businesses, including bakeries, cafeterias, coffee shops, convenience stores?  This post sheds insights on how these new regulations might affect hoteliers and restaurateurs. - Greg

Jared Van Kirk is a member of Garvey Schubert Barer’s Labor, Employment & Immigration group and a previous blog contributor. Jared has been following how legalized recreational marijuana in Washington affects all employers and how the Washington State Liquor Control Board (WSLCB) will regulate marijuana consumption in premises holding liquor licenses, which will have a direct impact on the hospitality industry in Washington State. Jared is also a member of Garvey Schubert Barer’s Cannabis group and has been involved in opposing challenges to Washington’s recreational marijuana laws. Thank you, Jared, for sharing this very important update. – Greg

What is soft branding? Is it better to be a soft brand or a hard brand? Claire Hawkins, Chair of Garvey Schubert Barer’s Intellectual Property Practice and member of Garvey Schubert Barer’s Hospitality, Travel and Tourism Practice, gives serious consideration to the outer edges of soft branding and offers her insights on the intellectual property components hoteliers and restaurateurs need to consider. Thank you for today’s post, Claire! – Greg

This week finds me at LA Live in downtown Los Angeles attending this year's PhoCusWright Conference. Those in the hotel industry know LA live well - for the past few years the JW Marriott at LA Live has served as the host hotel for the industry's annual ALIS Conference. While ALIS is known for bringing together the hotel industry's best and brightest, I would submit that the 1600 plus attendees (from 40 plus countries) at this year's PhocusWright represent the future of travel and the hotel industry.

Since 2013 the number and type of web domains has exploded and is having a major impact on brands. Ruth Walters has been watching this new era of growth and can share her insights on brand protection. Ruth focuses on hospitality operations and general intellectual property and technology transactions. Thank you for today’s post, Ruth! - Greg