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Mar 27, 2019

Food, Beverage, and Restaurant Brand Round-Up: Four Lessons to be Learned

Part Two

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

Mar 20, 2019

Food, Beverage, and Restaurant Brand Round-Up: Four Lessons to be Learned

Part One

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

Mar 12, 2019

Norris McLaughlin’s Cannabis Law and Food Beverage Groups Present at the International Restaurant & Foodservice Show

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

Jan 29, 2019

There’s a Latte to Consider When Seeking Registrations of Color and Geometric Shape

Marks:  In re Starbucks Corp. (TTAB Jan. 17, 2019)

As part of any trademark application, the applicant must submit a drawing of the mark and a specimen showing use of the mark in commerce in connection with the underlying goods and services identified in the application.  » 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 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

Oct 31, 2018

The Exponential Rise of Trademark Applications for Cannabis-Based Beauty and Wellness Products

In a blog post earlier this year, I wrote about the legal haze in seeking U.S. trademark registrations for trademark owners of cannabis-related goods and services.  While seeking federal trademark registration is undoubtedly challenging, the hurdles are not a complete bar to registration.  » Read More

Oct 22, 2018

Norris McLaughlin Hosts “A Taste of Trademarks” Seminar in New York City for Food, Beverage, and Restaurant Industries

Last week, my partners, Danielle DeFilippis and Deanna Koestel, and I had the pleasure of attending The New Jersey Food & Beverage Summit hosted by NJBIZ.  Our firm sponsored the event.  We enjoyed a series of informative panel discussions, as reported in our last post, as well as the exhibits put on by a wide range of food manufacturers, vendors, and students of food science.  » Read More

Sep 20, 2018

Failed Trademark Makeovers: Adding Design Elements Won’t Help Clear a Word Mark

Clients often ask me if they can avoid a U.S. Trademark Office refusal to register their brand names (“marks”) by using design or logo elements if it turns out that the words they’ve come up with aren’t available to use as marks.  » Read More

Jun 04, 2018

The Trademark Trial and Appeal Board Finds There is “Something More” Sufficient to Show That Restaurant Services are Related to Alcoholic Beverages

In In re Honeyhole Sandwiches Inc., Serial No. 87138294,  the Trademark Trial and Appeal Board (“TTAB”) agreed with the Examiner in refusing the registration of HONEYHOLE SANDWICHES because it was confusingly similar to HONEY HOLE under Section 2(d) of the Trademark Act.  » Read More

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