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Feds post food allergy guidelines for schools By MIKE STOBBE The Associated Press
FILE - This Oct. 10, 2013 file photo shows an epinephrine auto-injector that Tyler Edwards, 12, of Hendersonville, Tenn., carries with him because of his allergies. On Wednesday, Oct. 30, 2013, the federal government is issuing its first guidelines to schools on how to protect children with food allergies. The voluntary guidelines call on schools to take such steps as restricting nuts, shellfish or other foods that can cause allergic reactions, and make sure emergency allergy medicine _ like EpiPens _ are available.
Mark Zaleski / AP Photo
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A victory for Florida students with allergies
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A victory for Florida students with allergies

A victory for Florida students with allergies

One in every 13 children, or approximately two children per classroom, have a food allergy, according to the American Academy of Allergy, Asthma & Immunology Society.

Achoo! Tests are the first step in a treatment plan for allergies
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Achoo! Tests are the first step in a treatment plan for allergies

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Skin and blood tests can help determine what allergies you have and how best to treat them.

Sunscreen: Like a seatbelt, everyone needs to put it on
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Just a few serious sunburns can increase a child’s risk of developing skin cancer.

Antibiotics for people, not animals
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So far this year, more than 300 people have gotten sick from bacteria called Salmonella heidelberg. Almost three-fourths of them live in California.

AP Medical Writer

The federal government is issuing its first guidelines to schools on how to protect children with food allergies.The voluntary guidelines call on schools to take such steps as restricting nuts, shellfish or other foods that can cause allergic reactions, and make sure emergency allergy medicine — like EpiPens — are available.About 15 states — and numerous individual schools or school districts — already have policies of their own. "The need is here" for a more comprehensive, standardized way for schools to deal with this issue, said Dr. Wayne Giles, who oversaw development of the advice for the Centers for Disease Control and Prevention.

Food allergies are a growing concern. A recent CDC survey estimated that about 1 in 20 U.S. children have food allergies — a 50 percent increase from the late 1990s. Experts aren't sure why cases are rising.Many food allergies are mild and something children grow out of. But severe cases may cause anaphylactic shock or even death from eating, say, a peanut.The guidelines released Wednesday were required by a 2011 federal law.Peanuts, tree nuts, milk and shellfish are among the food that most often most trigger reactions. But experts say more than 170 foods are known to cause reactions.The new advice call for schools to do such things as:—Identify children with food allergies.—Have a plan to prevent exposures and manage any reactions.—Train teachers or others how to use medicines like epinephrine injectors, or have medical staff to do the job.—Plan parties or field trips free of foods that might cause a reaction; and designate someone to carry epinephrine.—Make sure classroom activities are inclusive.For example, don't use Peanut M&M's in a counting lesson, said John Lehr, chief executive of an advocacy group that worked on the guidelines, Food Allergy Research & Education (FARE).Carolyn Duff, president of the National Association of School Nurses, which worked on the guidelines, said many schools may not have policies on food allergies. "And if they do, maybe the policies aren't really comprehensive," she said.U.S. Rep. Nita Lowey, a New York Democrat who worked on the law that led to the guidelines, said in a statement that they are a big step toward giving parents "the confidence that their children will stay safe and healthy at school."---Online:CDC guidelines: http://www.cdc.gov/healthyyouth/foodallergies/

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United States - Richemont ruling against TradeKey is a victory for all brand owners
By Jack Ellis
October 31 2013

Pakistan-based online B2B trading platform TradeKey has been found liable for contributory trademark counterfeiting by a California federal court in a case brought by Swiss luxury brand owner Richemont. The court’s decision – which includes a permanent injunction against TradeKey – illustrates how brand owners can hold overseas-based e-commerce sites accountable for selling fake goods.
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An extensive undercover investigation collected evidence suggesting that TradeKey had knowingly allowed the sale of fake Richemont products by third-party vendors through its website. When an incognito investigator asked a TradeKey employee if their company had a “problem” with the sale of counterfeits, they were told that “it did not” and that the e-commerce platform “relies” on the “replica industry” for a “whole lot of revenue”.
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The case is therefore somewhat different from previous rulings centered on online auction sites. In the 2010 Tiffany v eBay decision, the US Court of Appeals for the Second Circuit had affirmed that the burden of proving that a ‘middleman’ trading platform (in that case, eBay) may be liable for trademark infringement lies with the trademark owner. “I don’t expect this decision to affect the defence that eBay asserted in the Tiffany case because the facts are very different,” comments Susan Progoff, partner at Dorsey & Whitney. “Courts seem to be able to distinguish between legitimate businesses and businesses that are, or support, counterfeiting. The court found that the sale of counterfeit products was a large component of TradeKey’s business and that TradeKey was actively involved in editing listings to hide the nature of the counterfeit products that were being sold.”  In contrast, the evidence in Tiffany v eBay showed that although fake goods were available to buy on eBay, the company removed such listings when it received notice from the brand owner that they represented counterfeits.
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While the ruling against TradeKey is unlikely to have a significant impact on the precedent set in Tiffany , the fact that a permanent injunction has been placed on the e-commerce platform represents an important victory, not just for Richemont but for brand owners in general. While applying only to the United States, the injunction will enable US courts to hold TradeKey liable for contempt if it continues to sell counterfeits of Richemont’s products over the internet and if such activities are deemed to be targeting US consumers and businesses. “Other courts faced with similar fact patterns have awarded significant damages by ordering credit card companies and other processors of financial transactions to freeze the defendant’s accounts and have awarded the proceeds in those accounts to trademark owners,” Progoff explains. “Courts have also enjoined processors of financial transactions from doing business with defendants and transferred to plaintiffs the domain names used for websites that sell counterfeit products. While these remedies have not stopped counterfeit activity, they have provided some relief to US trademark owners whose marks are being counterfeited by sellers located overseas.”
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The findings of this year’s WTR Global Benchmarking Survey revealed that online policing is rapidly becoming one of the most time-consuming activities for in-house trademark counsel. When asked to identify which online marketplaces present the toughest policing challenges, 38.3% of corporate counsel selected eBay, with 29.8% highlighting Alibaba.
But beside these e-commerce giants, counsel also underlined the difficulties posed by the growth of regional trading platforms – with TradeKey specifically identified as one of those sites taking up an increasing amount of trademark departments’ time. By proving that TradeKey had willingly facilitated the sale of counterfeits and obtaining an injunction against the website, Richemont and its legal and investigative teams have struck a victory for all brand owners.
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