A 13-year dispute between soda companies over the trademark registrability of the term “ZERO” when used in the names of sodas or energy drinks has ended after a ruling from a Federal Circuit appellate panel, Law Street Media reports. The creators of RC-Cola, Sprite and Dr. Pepper argued that Coca-Cola could not trademark drinks like “Coke Zero” without a disclaimer on the label saying they didn’t own the trademark for the word ZERO because the term was too generic to be eligible for a trademark. The plaintiffs challenged Coca-Cola’s use of the word ZERO in conjunction with 16 beverages including Coke Zero, Pibb Zero, and the energy drink Vault Xero. The Federal Circuit permitted Coca-Cola to disclaim ZERO, ending the dispute.

Gov. Bill Lee today said his administration is working on a plan that would allow schools to share data on the number of COVID-19 cases in their facilities, the Tennessean reports. After the release of Lee’s school reopening plan last week, state Department of Health Commissioner Dr. Lisa Piercey said Tennessee had no plans to provide the public with such data, saying that decision should be left up to individual school districts. A spokesperson later cited patient privacy as a priority while defending that decision. But, during his weekly press conference today, Lee reversed course, saying he believes “that we have to protect privacy but we also have to be transparent.” Lee said within the next week, his administration will present a plan aimed at "being more transparent" on the school data. His administration has faced criticisms in recent months for refusing to release certain information, including county-level deaths and cases at nursing homes.

The General Assembly ratified and approved amendments and revisions to the Tennessee Rules of Civil Procedure with Senate Resolution No. 141 and House Resolution No. 236, both adopted before the legislature adjourned earlier this year. These amendments to the Rules became effective July 1. The Tennessee Supreme Court adopted the amendments on Jan. 16.

Clio Roundtable: Virtual Law Firms - A New Model for Modern Legal Practices is a free one-hour virtual discussion happening on Aug. 12 from 1 to 2 p.m. CDT. Nefra MacDonald, Clio’s Affinity Program manager, will lead the discussion on what a virtual law firm is, how it works, why you should consider starting a virtual practice and how you might get started doing so. RSVP for the program by 11 a.m. CDT on Aug. 12 in order to receive access to the even via Zoom. This roundtable is free and open to all members of the TBA.

The TBA will celebrate the upcoming 100th anniversary of women’s suffrage by examining Tennessee’s role in the ratification of the 19th Amendment. On Aug. 18 from noon to 1 p.m. CDT, catch a rebroadcast of a presentation from award-winning journalist and author Elaine Weiss, given during the TBA’s 2020 Virtual Convention. Weiss will take viewers through the story of Tennessee and its monumental role in the ratification of the 19th amendment during the centennial anniversary, honor the key players and celebrate this moment in history and its impact on the legal profession. Register for the program.

The American Bar Association House of Delegates adopted nearly 60 new policies at its virtual two-day meeting yesterday and today. Among the resolutions adopted as policy are several aimed at improving police-community relations and attacking racial injustice, including a measure urging the curtailment of the defense of qualified immunity in civil suits brought against law enforcement officer and another that urges governments to track police deadly force data. Several COVID-19-related new policies were adopted, including Resolution 10H that recommends governmental policies that minimize evictions and assist both landlords and renters faced with hardship because of the pandemic. Also, Resolution 117 recommends, among other aspects, that individual parties in court cases be offered a safe “in person hearing or delay” if the health crisis continues. Read a summary of the meeting and other adopted resolutions on the ABA’s website.

More than 70 minors, through their parents, have filed a class action lawsuit against video-sharing platform TikTok, alleging the app is stealing their data and sending it to China, NPR reports. The suit claims TikTok collects information on the minors’ facial characteristics, locations and close contacts and then quietly sends that data to servers in China. Twenty separate but similar federal lawsuits that were filed in California and Illinois have been merged into one and, on Wednesday, were set to be heard in the U.S. District Court for the Northern District of Illinois. TikTok denies the allegations, but its legal team argues that the company can transfer data to Beijing without breaking any laws. The Trump administration considers the app a national security threat because its parent company is based in China. President Donald Trump said Monday that TikTok must be sold to an American suitor by Sept. 15 or “close down.” Microsoft has acknowledged that it is exploring a bid.

Davidson County Chancellor Ellen Hobbs Lyle on Friday denied an attempt by the Campaign Legal Center that would have allowed some out-of-state felons to vote in the upcoming Aug. 6 primary election, the Associated Press reports. CLC sought a temporary injunction that would have allowed those felons to vote in the primary if they had their voting rights restored in the same state as their conviction. Lyle argued Friday that the plaintiffs had not “demonstrated that their construction of the statutes is substantially likely to prevail.” The ruling comes as election officials are warning voters and candidates that Thursday’s election results could be delayed due to a record number of Tennesseans requesting absentee ballots in recent weeks. The surge in mail-in ballots is the result of Lyle’s June ruling to expand absentee voting for those concerned about the spread of the COVID-19 virus.  

The Tennessee Supreme Court Access to Justice Commission today released its 2020 Strategic Plan, which outlines the group’s goals for the next two years, specifies the actions necessary to meet those goals and describes how successes and impact will be measured. The 2020 plan explores the Commission’s role in addressing racism in the justice system and follows the Supreme Court’s statement addressing the racism and injustice that remain a mortal threat to the lives of Black people. According to the plan, action items needed to eliminate barriers to racial fairness include the creation of live virtual training sessions on implicit bias, racial injustice, poverty and related topics developed for all judicial and legal system participants. The Commission will also host one large scale virtual training event each quarter and will work with its faith-based initiatives to develop ongoing virtual town halls. Read the full strategic plan on the Tennessee State Courts website.

The TBA will offer the live Zoom webcast Making the Most of Technology: Bringing Virtual Legal Proceedings Closer to Home on Aug. 5 from noon to 1 p.m. CDT. Attendees can expect to hear a discussion on the benefits of incorporating legal technology into attorneys’ arguments and an explanation of the efficient development and appropriate use of demonstratives. The program will also cover tips and tricks for creating persuasive visual aids and choosing the right technology necessary to present arguments while being budget-minded. Zoom information will be emailed to the address associated with your TBA account and attendees will be able to ask questions through the chat feature during the event.