Lane Powell PC - Food, Beverage and Hospitality Law Blog

Strawberry Patent Rights, Forever

Ripe strawberries define lusciousness. Fragile, with fleeting taste, these heart-shaped berries inspired Shakespeare’s pen: “The strawberry grows underneath the nettle; and wholesome berries thrive and ripen best; neighbour’d…more

| Agriculture, Intellectual Property

Why Does Food Mislabeling Outrage Consumers?

“There’s a Chinese restaurant on every block, and if you think mouths won’t water when you come strolling by, then you don’t know squat about Oriental cuisine. They prize the taste of dog, friend. The chefs round up strays and…more

| Commercial Law & Contracts, Communications & Media Law, Consumer...

Antitrust Monopolization Considerations in Licensing Cutting-Edge Food...

The term pioneer patent is often misapplied with hyperbole and exaggeration. When it comes to the shrimp peeling machine invented by Fernand and James Lapeyre, however, that blockbuster label is spot-on. Their automated way…more

| Administrative Law, Antitrust & Trade Regulation, Commercial Law &...

So, Are Organic Foods Really Safer and Healthier For Us After All?

Some of America’s best organic and sustainable food research is being conducted by the faculty, students and staff of Washington State University’s Center for Sustaining Agriculture and Natural Resources. As Washington’s…more

| Agriculture, Commercial Law & Contracts, Education

“Hey Barkeep, Pour Me A Pint of…”: Trademark Tips for Microbreweries

For microbrewers, taste and memorable names mean everything. Loyal customers often ask for specific brews and word-of-mouth advertising is indispensable, since microbrews are often purchased in local restaurants and bars. …more

| Commercial Law & Contracts, Communications & Media Law, Intellectual...

The Growing Allure of Plant Patenting for Brand Differentiation

Plant patents occupy a seldom studied corner of potential patent protection. But plant patenting is taking on new importance as growers and producers of fruits and vegetables—once branded only as commodities—take advantage of…more

| Communications & Media Law, Intellectual Property

Fruit Juice Misbranding Claims Lose Their Lanham Act Bite

Food label lawsuits are often exercises in byzantine legal logic. This is so because of the peculiar interplay between preemptive federal food labeling laws and regulations on the one hand and federal and state unfair…more

| Administrative Law, Antitrust & Trade Regulation, Civil Procedure,...

The FDA Rejects Renaming of HFCS as “Corn Syrup”

In 1969, the Archies combined granulated and aqueous forms of fructose and glucose in a bubblegum song called “Sugar, Sugar.” It topped out at No. 1 in the U.S. Billboard Hot 100 charts. The lyrics “Sugar / Oh, Honey, Honey /…more

| Administrative Law, Commercial Law & Contracts, Communications & Media...

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