F&B Legal Roundup – August 2018

Pooja S. Nair, a litigation attorney at TroyGould PC in Los Angeles, compiles recent legal news affecting the restaurant, food and beverage and hospitality industries for Modern Restaurant Management (MRM) magazine.

Restaurant Group Not Liable for Unauthorized Faxes Using Its Logo:  On August 14, the Court of Appeals for the Seventh Circuit dismissed a case against Darden Restaurant Group.The case was brought under the Telephone Consumer Protection Act (“TCPA”).  The TCPA protects consumers from receiving unsolicited phone and fax communications.  Plaintiff had received an unsolicited fax advertising a wellness presentation that included the Olive Garden logo.  Darden owned the Olive Garden trademarks, and did not authorize either the sending of the fax or the use of the Olive Garden logo in the fax.  Plaintiff sued under the TCPA and argued that Darden was the “sender” of the unsolicited fax under the TCPA because they benefited from the advertisements. 

The Seventh…