Blogs > Trademark, Copyright, and Unfair Competition Law Blog

Food & Beverage

Apr 23, 2021

When It Is More Than Just a Name – Trademark Significance of Geographic Indications

Issues of the geographic indications of products regularly turn up in the trademark context. Some well-known examples include COGNAC for brandy from France or ROQUEFORT for cheese manufactured from sheep’s milk only, and cured in the natural caves of the community of Roquefort, department of Aveyron, France. » Read More

Mar 12, 2021

Patenting Recipes – Recipe for Disaster or Sweet Reward

According to the U.S. patenting courts, “new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention merely because … no one else ever did the particular thing upon which the applicant asserts his right to a patent.” » Read More

Feb 26, 2021

Trade Dress Claims Involving Food Design and Packaging

Your fond memories of the foods you enjoyed in your youth have to do with so much more than just the taste, the smell, and the mouthfeel. Try not to smile as you remember the curlicue on the top of a soft-serve ice cream cone, the sound it made when you opened a bag of potato chips, or the paper wrapping that would cling to the caramel of a Sugar Daddy lollipop when you unwrapped it just as the movie was about to begin. » Read More

Oct 04, 2019

A Legal and Commercial Overview of the Food and Beverage Industry in the United States and India

I was happy to present the webinar, “A Legal and Commercial Overview of the F&B Industry in the U.S. and India,” with Mohit Kapoor, Co-Founder of law firm Universal Legal Advocates in India, on October 1.  Universal Legal is a full-service law firm with a wide-reaching international presence and has been advising and assisting clients in the food and beverage space for 15 years. » Read More

Sep 09, 2019

Food and Liquor Brands: What You Need to Know About Trademarks

In a recent federal court ruling, a judge articulated once again why famous brands enjoy greater rights than those that lack renown.

The case pits two giants in wholly unrelated fields— clothing versus alcoholic beverages.

The lesson? Food, beverage, and liquor sellers should exercise caution and select brand names that are not the same or are not similar to those of existing “famous” brands, even in completely unrelated fields. » Read More

Jan 17, 2019

Choosing Your Restaurant Brand: Tips From a Food, Beverage, and Restaurant Attorney

I’ve been practicing long enough to know that it’s not easy for my clients to find brands they like, much less ones that are free for them to use without worrying they will get a claim that they’ve violated another party’s rights.  » Read More

Nov 21, 2018

A Feast of THANKSGIVING Trademarks

As we approach the Thanksgiving holiday, the authors here at More Than Your Mar®k want to say “thank you” to all of our subscribers and readers.  We are grateful for the opportunity to share with you all-things-trademark… and more!

Keeping with the Thanksgiving theme, here is a feast of “THANKSGIVING” trademarks that are registered with the United States Patent and Trademark Office.  » Read More

Nov 16, 2018

In Landmark Case, Court Awards $120 Million to the Licensee of the Famous Palm Restaurant Intellectual Property

When a restaurant name is licensed, how does the owner properly compute a trademark royalty?  Should a higher royalty be set for a famous mark?  These issues were decided recently by the New York Supreme Court in Ganzi, Gary C. et al. » Read More

Nov 15, 2018

“A Taste of Trademarks” New York Seminar a Success

Danielle DeFilippis and Jeanne Hamburg were delighted to welcome attendees from the food and restaurant industries, as well as service providers to those industries, to a seminar on Thursday, November 15, in the firm’s New York office.  The presentation covered a wide array of legal issues, from the trademark clearance and registration process, to trade dress production for product design and restaurant décor, to important contracts involving trademarks, to enforcing trademark rights on social media.  » Read More