Trademarks, Food Manufacturers

In re Post Foods, LLC: TTAB Denies Color Mark for Post’s Fruity Pebbles

BakerHostetler on 5/10/2024

The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC highlights the strategic and technical aspects involved in registering a...more

IP Primer for Emerging Healthy F&B Companies

Foley & Lardner LLP on 11/10/2023

Intellectual property protection is essential for emerging companies in the healthy food and beverage (“F&B”) space to attract investors and stand out from competitors. To gain a competitive edge, companies should understand...more

Food & Beverage Litigation and Regulatory Update - October 2023 #2

Shook, Hardy & Bacon L.L.P. on 10/27/2023

LEGISLATION, REGULATIONS & STANDARDS - California Gov. Signs Food Additive Bill, Groups Urge FDA to Act - California Gov. Gavin Newsom signed a first-in-the-nation bill banning four food additives, prompting a food...more

Food & Beverage Litigation and Regulatory Update - May 2023 #3

Shook, Hardy & Bacon L.L.P. on 5/22/2023

LEGISLATION, REGULATIONS & STANDARDS California Assembly Passes Food Additive - Bill The California Assembly has passed a first-in-the-nation bill banning the use of five food additives, including Red Dye No. 3 and...more

Brand Protection and Strategy for Food and Beverage Companies

Clark Hill PLC on 10/24/2022

Post-pandemic, food and beverage companies must now navigate a recessionary environment and runaway inflation. Thus, building, maintaining, and enforcing strong brands are more important than ever if a company is to maintain...more

CJEU opinion to German Courts on PDOs: if it says Champagne, it must taste like Champagne

Hogan Lovells on 8/23/2021

A "Champagne Sorbet" may only bear the name "Champagne" if the taste of the sorbet is also essentially characterized by Champagne. After years of litigation up to the Court of Justice of the European Union (CJEU) the Higher...more

Food & Beverage Litigation Update l April 2021 #2

Shook, Hardy & Bacon L.L.P. on 4/19/2021

Bill on Mandatory Sesame Labeling Passes U.S. Legislature - The U.S. House of Representatives has voted 415-11 to pass the Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act), a bill that will...more

A Refresher On The Importance Of Trademarks And Trade Dress In The Food And Beverage Industry

McCarter & English, LLP on 9/14/2020

The quality, taste, and appearance of food and beverage products are important, but there are other aspects of those products that also contribute to, and even sustain, their commercial success. In particular, the...more

Prior Use Under the Pan-American Convention

Akerman LLP - Marks, Works & Secrets on 3/12/2020

The United States is a party to the General Inter-American Convention for Trade Mark and Commercial Protection of Washington, 1929 (“Pan-American Convention”), along with Colombia, Cuba, Guatemala, Haiti, Honduras, Nicaragua,...more

[Webinar] IP Basics For The Food & Beverage Industry - January 30th, 12:30 pm ET

Ladas & Parry LLP on 1/24/2020

Join the Ladas & Parry Food & Beverage Industry Group on January 30th to learn the basics of intellectual property as it relates to protecting what is special about your food industry products. Topics include: • Appearance...more

CJEU on products evoking a designation of origin: Don Quixote only rides the plains of La Mancha!

Hogan Lovells on 5/17/2019

The use of figurative signs and words that evoke a geographical area which is associated with a protected designation of origin may constitute an unlawful evocation of the latter. This was the CJEU’s conclusion in its...more

Design, Designation and Regulatory: Structuring Considerations and Regulatory Due Diligence in EU Food and Beverage Transactions

King & Spalding on 5/9/2019

When structuring and assessing transactions in the food and beverage sector in a European context, a purchaser must consider and evaluate several EU-specific requirements in order to ensure a successful transaction with...more

China: Would a rose by any other word taste as sweet? Blocking rose-shaped chocolate monopoly in a complex trademark & OEM dispute

Hogan Lovells on 3/8/2019

Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark...more

Food and Beverage Law Update: December 2018

Holland & Knight LLP on 12/24/2018

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Has the General Court let the genie out of the bottle with its latest judgment on shape marks?

Hogan Lovells on 11/2/2018

The General Court has recently decided an interesting case concerning the distinctiveness of a shape mark ....more

The Skinny on “Thins”

Akerman LLP - Marks, Works & Secrets on 10/16/2018

According to the Federal Circuit, the skinny on the term “Thins” is that it may be generic for thinly cut snack crackers. Real Foods Pty Ltd. V. Frito-Lay North America, Inc., (October 4, 2018 Fed. Cir.)....more

The CJEU confirms that unitary evidence can show acquired distinctiveness throughout the whole of the European Union

Hogan Lovells on 7/26/2018

In the context of the KitKat shape mark saga, in Société des produits Nestlé SA v Mondelez UK Holdings & Services Ltd and another (Joined Cases C-84/17 P, C-85/17 P and C-95/17 P), the CJEU provided significant guidance on...more

INTA Seattle – What You May Have Missed in the Emerald City

Dorsey & Whitney LLP on 5/31/2018

If you didn’t make it to the 2018 Annual Meeting of the International Trademark Association in Seattle, or if you were there but were out enjoying the spectacular weather or spending time with colleagues and friends, the...more

$500,000 Given to Jam Manufacturer in Trade Secret Recipe Violation - Using Trade Secrets in the Accelerating World of...

Vedder Price on 2/23/2018

The Accelerating Rate of Commerce - Classical intellectual property protection, such as trademarks, copyrights and patents often require the filing of costly applications with government offices, long delays of review and...more

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