In In re IGT, the Trademark Trial and Appeal Board (TTAB) affirmed the Examiner’s refusal to register geometric shapes used in the applicant’s gaming machines.
While the decision does not offer anything new or surprising from a trademark perspective, it is a good example of the challenges in obtaining trademark registrations for geometric shapes, especially if the shapes are used merely as borders for information or as background. » 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
Sour Patch Kids-maker Mondelëz Canada Inc. (“MCI”) has filed a trademark lawsuit against a THC-infused gummies maker selling under the brand “Stoney Patch.” July 19, 2019, in the U.S. District Court for the Central District of California. Mondelëz Canada Inc. » Read More
Today we have the pleasure of being joined by our guest, Pete Picetti of Heffernan Insurance Brokers. Pete specializes in serving food and beverage clientele, and recently served with me on a panel on Risk Management at the Summer Fancy Food Association’s Business Summit in Chicago. » Read More
The United States Patent and Trademark Office (USPTO) recently issued helpful guidance on the examination of cannabis trademark applications. This guidance is the USPTO’s first pronouncement of how it will evaluate the legal use in commerce requirement for trademark applications covering cannabis goods and services. » Read More
Last week, I was fortunate to attend the Specialty Food Association’s Business Summit, a two-day conference in Chicago featuring essential tips and best practices for how to grow a specialty food company. Over 150 food companies attended. Our firm was honored to be one of the sponsors for the event, as you can see from the photo of our table at the opening night reception below. » Read More
This post is a continuation of a prior one, with key lessons for owners of established and emerging food, beverage, and restaurant brands – all culled from recent cases. Click here for Part One.
Lesson Three: Consider even “Unrelated” Products when Choosing Your Brand and Enforcing Your Rights
Food and beverage companies may be precluded from obtaining registration due to third parties’ brand use for seemingly unrelated goods, and vice versa. » Read More
So many food and beverage brand decisions have been making their way through the Trademark Office and the courts recently, I thought it would be a good idea to blog about some of them, and more importantly, about four key branding lessons they teach to emerging and established food and beverage companies, as well as restaurants. » Read More
I am proud to congratulate my colleagues Jeanne Hamburg, Stephanie Spangler, Andrew Linden, and Lana Ros on an informative and interesting panel discussion “Exploring the Legal Haze of Cannabis for Restaurants” at the International Restaurant and Foodservice Show at the Javits Center this past week. » Read More
