In a decision that might be the final ruling in a long saga over the rights to use the term PRETZEL CRISPS, the United States District Court for the Western District of North Carolina found the term PRETZEL CRISPS generic for pretzel crackers. » Read More

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

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

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

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

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

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

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

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

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