Protecting IP Rights in the Food and Beverage Industry

Leveraging Trademarks and Copyrights to Protect IP From Product Development to Marketplace Delivery

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Tuesday, April 13, 2021

Recorded event now available

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Program Materials

This CLE webinar will guide IP counsel advising companies in the food and beverage industry on managing key intellectual property challenges. The panel will discuss infringement and enforcement and licensing and leveraging protection to enhance the brand.

Description

IP rights are a primary concern for the food and beverage industry. Trademarks, design rights, and trade secrets are highly valued, and trademark and trade dress infringement issues often arise. For example, in 2020, In-N-Out Burger won its trademark battle against Australian chain Down 'N' Out Burger. In January 2021, Circle K went before the TTAB to oppose the application by Medical Marijuana Inc. for a design patent of a K inside a circle over concern that there will be confusion if the design patent is granted.

To protect IP rights for beverages, packaged foods, and other products, companies and their counsel must carefully search and clear, protect with trademarks and trade dress (as well as utility patents, and/or design patents as appropriate), and continuously and vigilantly monitor and protect those IP assets.

Counsel can guide clients in the food and beverage industry to understand, police, and protect their IP rights in brand names, product recipes, configurations, packaging, and more while avoiding infringing others' IP rights, leading to liability exposure.

Listen as our authoritative panel examines IP issues in the food and beverage industry. The panel will discuss securing IP rights, monitoring for infringement, and handling IP disputes. The panel will also offer strategies on the best use of trademark, trade dress, copyright and trade secret law to protect IP in food and beverage products to maintain the brand strength.

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Outline

  1. Protecting IP rights in the food and beverage industry
    1. Trademark
    2. Trade dress and design rights
    3. Copyright
    4. Trade secrets
  2. Monitoring for infringement
    1. Infringement
    2. Response
  3. Trademark disputes
  4. Strengthening brands
  5. Recent decisions on these issues

Benefits

The panel will review these and other key issues:

  • What trademark, trade dress, and trade secret issues should counsel anticipate and address during the development of a product?
  • What are the infringement vulnerabilities for companies in the food and beverage sector?
  • What strategies should IP counsel employ to enforce trademarks, design rights, and trade secrets in the food and beverage industry?

Faculty

Bhalani, Neha
Neha Bhalani

Counsel
Chiesa Shahinian & Giantomasi

Ms. Bhalani handles all aspects of trademark prosecution, including clearance searches, applications and renewals, and...  |  Read More

Remore, Abigail
Abigail J. Remore

Member
Chiesa Shahinian & Giantomasi

Ms. Remore handles a wide range of intellectual property matters, including litigation, enforcement, counseling,...  |  Read More

Torres, Jenna
Jenna P. Torres

Attorney
Eckert Seamans Cherin & Mellott

Ms. Torres concentrates her practice in intellectual property, particularly the prosecution and litigation of...  |  Read More

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