A Tale of Two Amys: Ice Cream Trademarks Under Dispute

In celebration of National Ice Cream Month, the Harris County Law Library would like to spotlight an ice cream dispute involving one of our capital city’s favorite desserts. In the summer of 2013 Austin-based Amy’s Ice Creams, Inc. filed suit for trademark infringement and related claims against Amy’s Kitchen, Inc., a manufacturer of frozen vegetarian and vegan foods sold in grocery stores across the United States.

Prior to the suit Amy’s Ice Creams filed a federal trademark application for its mark on t-shirts, catering, and “restaurant services featuring: ice cream, fruit ice, candy, chocolates and beverages.” Amy’s Kitchen opposed the application, having begun its own expansion into the cold treats business with a line of “non-dairy frozen desserts.” Applications by Amy’s Kitchen to trademark its mark for cookies and candy bars were then in turn opposed by Amy’s Ice Creams. When discussions between the parties failed to bring about a resolution, Amy’s Ice Creams sued.

Anyone with doubts about the prudence of fighting a protracted legal battle over the name “Amy” will be happy to learn that both “Amy’s” eventually came to the same conclusion. In Amy's Ice Creams, Inc. v. Amy's Kitchen, Inc., 60 F.Supp.3d 738 (2014) the court, inter alia, granted Amy’s Kitchen’s motion for summary judgment on Amy’s Ice Creams’ unjust enrichment claim, denied Amy’s Kitchen’s other motions for summary judgment, and denied Amy’s Ice Creams’ motions for summary judgment. In other words, for either party to obtain relief through the courts, a full (and likely expensive) trial would be necessary. Both parties subsequently dismissed the lawsuit and Amy’s Ice Creams narrowed its food services trademark to “restaurant services featuring ice cream; catering.” It’s a winning scenario for everyone: The two companies no longer have to argue whether the name “Amy’s” is distinctive or has secondary meaning in Texas, and Texans are free to enjoy a greater variety of ice cream—both with and without dairy. 

The Texas Public Information Act

As Harris County Law Library celebrates the 50th anniversary of the Freedom of Information Act (FOIA), it’s important to note that FOIA only applies to federal records. Information about Texas state governmental bodies may be requested under a different series of state laws known as The Texas Public Information Act (PIA). Formerly known as the Texas Open Records Act, PIA was enacted in 1973 in the wake of a series of high-profile government scandals. The text of the statute may be read at Texas Government Code, Chapter 552. Its opening section at 552.001 contains a powerful statement of principle:

The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

Information on submitting a PIA request can be found on the Harris County website. For requests to the Office of the Harris County Attorney or complaints regarding a failure to release public information, please visit the website of the Harris County Attorney’s Office.

FOIA Friday: The Equal Access to CRS Reports Act of 2016

Throughout the month of July, the Harris County Law Library is celebrating the 50th anniversary of the Freedom of Information Act. Accordingly, with today’s blog post, the Law Library is calling attention to an important piece of pending legislation, the Equal Access to CRS Reports Act of 2016, an initiative with broad support and strong endorsements from a coalition of 40 organizations, including the American Library Association. (Senate and House versions of the bill are available online.) This bipartisan initiative seeks to expand access to government information and to increase participation in the political process by establishing an electronic database of CRS materials for the benefit of the public good.

CRS Reports, an invaluable resource for lawmakers, are objective, nonpartisan issue briefs on pending legislation and other items of debate before Congress. They are produced by the Congressional Research Service, an agency whose staff includes more than 600 people and whose annual budget exceeds $100 million. The reports are not classified, yet, with few exceptions, they are not freely available to the public. Constituents may request the reports from congressional offices, but no central repository of CRS Reports is available in the public domain.  

In January of 2015, Representatives Leonard Lance (R) and Mike Quigley (D) introduced a measure that would direct the Congressional Research Service (CRS) to “develop and maintain a centralized, searchable, electronic database of CRS materials for public access.” In a letter to their Congressional colleagues, Representatives Lance and Quigley stated their case:

“Across the nation, citizens are deeply and passionately engaged in debates about the future of our country and the significant challenges we face at home and abroad.  However, as the public debate has become increasingly partisan and polarized, it is more important than ever for citizens to have full access to the same neutral, unbiased information that many of us rely on to help us formulate important decisions.  Opening CRS to the public will empower our constituents with vital information about key issues, policies and budgets.”

Until this or similar legislation is passed, the only public sources for CRS Reports are the websites of those who harvest the documents from incidental sources and make them available online. Aside from these private organizations, universities, and transparency advocates, however, which reporters and lobbyists often rely upon, the public has few other options.Today, on FOIA Friday, the Law Library is highlighting this potentially transformative legislation and the right of the American people to access the government information that drives our nation's democracy. 

President Obama Signs the FOIA Improvement Act of 2016

In July of 1966, the Freedom of Information Act was signed into law by President Lyndon B. Johnson. This landmark bill expanded access to public records and paved the way for greater accountability in government activities. FOIA has seen many changes in the last 50 years, especially in the wake of the Watergate scandal and the 9/11 attacks. The digital age introduced additional considerations and changed the law substantially, and on June 30, 2016, the law was revised yet again when President Obama signed the FOIA Improvement Act of 2016. In addition to open records reform, the Obama administration announced several other initiatives including the creation of a consolidated request portal for all FOIA requests, and the development of a Chief FOIA Officers Council to chart a course for FOIA’s future. Please visit the Law Library Events page for more information and links to additional resources about this historic legislation.