“We’ve all seen the difference we can make when we choose to cast our ballots. And we’ve seen the consequences when we don’t bother to show up to the polls,” the former first lady says in a public service announcement that premiered at Sunday night’s Black Girls Rock award show. … [Read more...] about Michelle Obama: Women Of Color ‘Know How To Get Things Done’ At The Polls
The EEOC charged that a class of Latino and/or brown-skinned workers was subjected to a barrage of highly offensive and derogatory comments about their national origin and/or skin color since at least 2006. Housekeeping and security department staffers in particular were constantly the targets of slurs by several supervisors and co-workers. In addition, the EEOC asserted that Latino / brown-skinned workers were told not to speak Spanish during their break times. Pioneer failed to stop and rectify the harassment and discrimination despite repeated complaints by the Latino / brown-skinned workers, according to the EEOC. … [Read more...] about Pioneer Hotel to Pay $150,000 to Settle EEOC National Origin / Color Harassment & Discrimination Suit
The Minnesota Supreme Court held in Cedar Bluff that replacement cost insurance requires reasonable color match. The case follows a similar lawsuit brought by the Attorney General of the State of Minnesota against Am Fam in 1999. State of Minnesota v. American Family Mut. Ins. Co., No. MC 99-3907, 2000 WL 35566048 (Henn. Cnty Dist. Ct. Oct. 12, 2000). In that case, the Minnesota Attorney General alleged false advertising, deceptive trade practices and consumer fraud for Am Fam’s then-practice of paying only for the directly damaged portions of consumer’s homes resulting in mismatched materials where replacement siding or roofing was no longer available. In Minnesota v. Am Fam, the Hennepin County District Court specifically held that the Am Fam policy’s requirement of replacement with materials of “like kind and quality” was “not satisfied by the replacement of only those materials that are physically damaged by a storm, if … [Read more...] about Color Match Arrives (Again) in Minnesota re: Insurance Coverage of Storm Damage
when an insurer reduces the prior insurance coverage provided the insured, the insurer has an affirmative duty to notify the insured in writing of the change in coverage. Failure to do so shall render the purported reduction in coverage void. Any question of the individual’s insurance coverage shall then be determined in accordance with the terms of the original policy prior to the renewal or endorsement. … [Read more...] about Insurance Carriers Exclude Color Matching Requirements from Policies
In Qualitex Co. v. Jacobson Prods. Co., the U.S. Supreme Court held that color alone may be protected as a trademark, “when that color has attained ‘secondary meaning’ and therefore identifies and distinguishes a particular brand (and thus indicates its ‘source’).” The Court held color may not be protected as a trademark when it is “functional”. There are two types of functionality: “utilitarian” and “aesthetic.” A color is functional under the utilitarian test if it is essential to the use or purpose of the product, or affects the cost or quality of the product. A color is aethestically functional if its exclusive use “would put a competitor at a significant non-reputation-related disadvantage”. If color “act(s) as a symbol that distinguishes a firm’s goods and identifies their source, without serving any other significant function,” it can be protected as … [Read more...] about When Can You Claim A Color As Your Trademark?