Fortune & Beard, P.C.

Birmingham Attorneys

• Inmate Sues Taco Bell Over Doritos Locos Tacos
  I can’t say that I’ve tried Taco Bell’s Doritos Locos Tacos, but it seems as though I’m in the minority. The menu item introduced last year has been so popular that it’s helped create 15,000 new jobs for the fast food chain, Taco Bell CEO Greg Creed says. More than 1 million of the tacos are reportedly sold every day, with more than 500 million sold since the product was launched. [This Fast Company article provides an in-depth look at the origins and impact of the chain's "disruptive faux cheese-dusted taco."] Creating a taco shell out of Doritos chips was clearly an inspired concept — and a federal prison inmate is now claiming that idea was all his. The Dallas Observer reports (via Consumerist), that Gary Cole, an inmate at a high-security prison in Colorado, filed a federal lawsuit in Texas this week alleging that Taco Bell stole his idea for the Doritos tacos. As proof, Cole offers a copy of a 2006 letter sent to his attorney, in which Cole recorded ideas for a number of potential products, including "Tacos [sic] Shells of All Flavors (Made of Doritos)." Among the other merchandise ideas listed were some items branded "Divas…

Birmingham Lawyers

Birmingham Attorneys

• iPhone User Claims Apple Knew Power Button Would Fail
  iPhone users (and other Apple devotees), take note. A proposed class action filed in California seeks $5 million in damages against Apple over allegations that the company knew about a latent defect in the iPhone 4′s power button and failed to disclose it. But here’s the twist: The plaintiff alleges that Apple not only knew that the power button would fail, it knew when the button would fail — just after the expiration of the phone’s one-year warranty period. In her complaint, filed in federal district court, Debra Hilton says her iPhone 4 "suffered a terminal power button failure" 15 months after she bought it, and three months after her warranty expired. The only option that Apple’s customer service offered her, she said, was to pay $149.99, plus shipping, for repair or replacement of the phone. The alleged defect involves a flex cable connected to the phone’s power button, the "premature deterioration" of which "causes the power button to become harder and harder to depress until eventually it becomes entirely unresponsive," according to the complaint. Hilton alleges that Apple "knew that this defect existed as of the time of the phone’s manufacture, and that it would be substantially certain to…

Birmingham Lawyers

Birmingham Attorneys

• Convenience Stores Fight for the Right to Sell Cold Beer
  Grabbing an ice-cold brew in Indiana may become a lot more convenient, if a trade group succeeds in its challenge to a 50-year-old state law that restricts gas stations, grocery stores and convenience stores to selling beer only at room temperature. The Indianapolis Star reports that the Indiana Petroleum Marketers and Convenience Store Association filed suit in federal district court in Indianapolis on Tuesday, arguing that the law against the sale of cold beer creates a "discriminatory regulatory regime." Package liquor stores in the state are permitted to sell cold beer. Scot Imus, the association’s executive director, told The Associated Press that the law "says pharmacies, convenience stores and grocery stores are capable enough to sell the product warm, then it gets rather arbitrary about what temperature it can be sold at. When you change the temperature, it doesn’t change the alcohol content." Indiana is the only state that regulates beer sales based on temperature, according to the suit. And the 1963 law only applies to beer; convenience and grocery stores are free to sell chilled wine. Convenience store groups have waged a long and unsuccessful lobbying campaign to convince state legislators to change the law, according to reports. The…

Birmingham Lawyers

Birmingham Attorneys

• Government Fires Back at 3-D Printable Gun
  It’s been an eventful week for Cody Wilson, the 25-year-old University of Texas law student, self-described crypto-anarchist and creator of a 3-D printed handgun called The Liberator. Wilson’s organization, Defense Distributed, has garnered much media attention for its Wiki Weapon Project, a "nonprofit effort to create freely available plans for 3D printable guns." Wilson’s crusade has now landed him in the government’s sights — and his legal troubles may just be beginning. After Wilson made headlines for unveiling and successfully test-firing the plastic weapon, Defense Distributed last week posted downloadable blueprints for creating the gun on a 3-D printer. Several days later, Wilson received a letter from the State Department ordering the removal of the designs from the site pending review of whether publishing them constituted distribution of "technical data" in violation of the International Traffic in Arms Regulations. The problem? The plans had already been downloaded more than 100,000 times and published to numerous file-sharing sites. Meanwhile, Defense Distributed’s endeavor is getting more notice than ever, and Wilson seems undaunted (to say the least). The issue has caught the attention of lawmakers, including U.S. Senator Charles Schumer, D-NY, who has argued for a ban on 3-D printable guns. "A…

Birmingham Lawyers

Birmingham Attorneys

• Google Glass Controversy Provides Fresh Look at Privacy Expectations
  The buzz continues to build about Google Glass, generating explanatory reviews, opinion pieces, etiquette guides — even a Saturday Night Live sketch. As early users and tech writers offer first-person accounts, reviews and analysis — some ecstatic, some skeptical — much of the debate is centering on privacy concerns over the potentially game-changing wearable computer product. A New York Times article this week discusses the legal issues awaiting the release and potential widespread use of the device. "Glass is arriving just as the courts, politicians, privacy advocates, regulators, law enforcement and tech companies are once again arguing over the boundaries of technology in every walk of life," David Streitfeld writes. The article quotes social media expert Bradley Shear, who says that Glass "will test the right to privacy versus the First Amendment." The Times piece describes the backlash already building against Google Glass well in advance of its release. A Seattle bar made headlines by pre-emptively banning Glass, while legislators in West Virginia are trying to add the device to a state ban on texting while driving. Of course, establishments (such as casinos) that already ban recording devices are also unlikely to be Glass-friendly. Computerworld has reported that a spokesperson…

Birmingham Lawyers

Birmingham Attorneys

• Lancome Sued Over 24-Hour Makeup
  Major cosmetics companies have recently been hit with false advertising lawsuits alleging that they misled customers about testing on animals and marketed skincare products in a way that made them sound like drugs approved by the FDA. Now, there are reports of a new suit against cosmetics giant Lancome involving claims of a more, well, cosmetic sort. The New York Post and ABC News report that Rorie Weisberg, an Orthodox Jewish woman in New York, is suing Lancome and its parent company, L’Oreal, over its advertising for its Teint Idole Ultra 24H foundation, which promises "24 hours of longwear, 24 hours of comfort." Weisberg "abides by Jewish law by not applying makeup from sundown on Friday until nighttime on Saturday," according to court papers. She bought the $45 product on Lancome’s website, specifically looking for a long-wearing foundation that would last through the Sabbath for her son’s bar mitzvah celebration. Lancome’s website advertises that the foundation is the result of "8 years of research," and touts its "new EternalSoft technology" which "defeats all challenges." But Weisberg contends that it did not live up to the challenge of overnight wear. Instead of providing "lasting perfection," Weisberg found that the foundation "faded…

Birmingham Lawyers

Birmingham Attorneys

• New York Post May Face Suit Over Boston ‘Bag Men’ Cover
  As the investigation into the Boston Marathon bombings continued this week, with charges brought against former classmates of suspect Dzhokhar Tsarnaev, there was an indication that media coverage of the event — tied to the unique, crowd-sourced nature of the investigation of the bombing suspects — might lead to some legal fallout as well. Erik Wemple’s blog at The Washington Post reports that the father of one of the two young men who appeared on the cover of the April 18 issue of the New York Post is considering suing the newspaper over the false implication that his son was involved in the bombing. The New York Post published a photo of 17-year-old Salah Barhoum and another man, with the headline "BAG MEN: Feds seek these two pictured at Boston Marathon." Barhoum, who had no connection to the bombings, had gone to the police the day before to clear his name after seeing photos of himself circulating online. He told ABC News at the time that his reaction to seeing the New York Post cover was "the worst feeling that I can possibly feel … I’m only 17." Salah Barhoum’s father, El Houssein Barhoum, said this week that he is…

Birmingham Lawyers

Birmingham Attorneys

• Cops Ordered to Return Pot or Face Contempt
  With new marijuana laws coming into effect in some states, police officers won’t be tasked as often with seizing small amounts of pot from citizens. But in an unusual case making the news this week from Washington state, police are actually being asked — well, ordered — to give some back. A municipal court judge in Tacoma, Wash., has ordered police — twice — to return a small amount of marijuana seized during a traffic stop last year, threatening them with a contempt finding if they don’t comply. And though the quantity of marijuana at issue is small, the case points to larger issues involving conflicts between state and federal laws regarding the drug. Joseph L. Robertson had a small amount of marijuana confiscated during a traffic stop in May 2012 and was charged with misdemeanor marijuana possession. The charges were dropped in December, after Washington state voted to legalize small amounts of marijuana. Robertson then asked for his pot back, providing proof of medical authorization. The police refused, and Tacoma Municipal Court Judge Jack Emery issued an order on February 28 compelling them to return the drugs. The police did not comply, and the marijuana remains at the Pierce…

Birmingham Lawyers

Birmingham Attorneys

• Cops Ordered to Return Pot or Face Contempt
  With new marijuana laws coming into effect in some states, police officers won’t be tasked as often with seizing small amounts of pot from citizens. But in an unusual case making the news this week from Washington state, police are actually being asked — well, ordered — to give some back. A municipal court judge in Tacoma, Wash., has ordered police — twice — to return a small amount of marijuana seized during a traffic stop last year, threatening them with a contempt finding if they don’t comply. And though the quantity of marijuana at issue is small, the case points to larger issues involving conflicts between state and federal laws regarding the drug. Joseph L. Robertson had a small amount of marijuana confiscated during a traffic stop in May 2012 and was charged with misdemeanor marijuana possession. The charges were dropped in December, after Washington state voted to legalize small amounts of marijuana. Robertson then asked for his pot back, providing proof of medical authorization. The police refused, and Tacoma Municipal Court Judge Jack Emery issued an order on February 28 compelling them to return the drugs. The police did not comply, and the marijuana remains at the Pierce…

Birmingham Lawyers

Birmingham Attorneys

• Cops Ordered to Return Pot or Face Contempt
  With new marijuana laws coming into effect in some states, police officers won’t be tasked as often with seizing small amounts of pot from citizens. But in an unusual case making the news this week from Washington state, police are actually being asked — well, ordered — to give some back. A municipal court judge in Tacoma, Wash., has ordered police — twice — to return a small amount of marijuana seized during a traffic stop last year, threatening them with a contempt finding if they don’t comply. And though the quantity of marijuana at issue is small, the case points to larger issues involving conflicts between state and federal laws regarding the drug. Joseph L. Robertson had a small amount of marijuana confiscated during a traffic stop in May 2012 and was charged with misdemeanor marijuana possession. The charges were dropped in December, after Washington state voted to legalize small amounts of marijuana. Robertson then asked for his pot back, providing proof of medical authorization. The police refused, and Tacoma Municipal Court Judge Jack Emery issued an order on February 28 compelling them to return the drugs. The police did not comply, and the marijuana remains at the Pierce…

Birmingham Lawyers