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Overview:

Intellectual Property (IP) rights are crucial to every business, particularly in the food and beverage industry. Patents, trademarks, design rights, and trade secrets are extremely being valued amidst the rapid proliferation of IP infringement cases in this sector.

To prevent the risk of IP rights violations in the food and beverage industry, companies and their counsel must not only be well versed with the current trends but also be well equipped with the up-to-date risk management strategies and techniques. They must be also vigilant in tracking and protecting their IP assets while avoiding legal and financial accountabilities.

In a LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will present an in-depth discussion of IP rights in the food and beverage sector. Speakers will dig deeper as they analyze common pitfalls and challenges and as they offer risk management strategies and techniques in this rapidly evolving legal climate.

Some of the major topics that will be covered in this course are:

  • Overview of IP Rights in the Food and Beverage Industry
  • Recent Trends and Developments
  • Notable Court Decisions
  • Common Risks and Challenges
  • Practical Tips and Strategies
  • Best Practices
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of intellectual property rights

 

Course Code:

148554

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

2.0 CLE

Speaker Panel:

Foram Dave, Attorney
Coblentz Patch Duffy & Bass LLP

Foram Dave represents clients in a variety of business transactions and disputes, including corporate, privacy and intellectual property matters. Her corporate and regulatory practice includes reviewing and drafting commercial licensing agreements related to software, software-as-a-service, and intellectual property.  She provides privacy compliance counseling and deal support on privacy issues for cross-border transactions.

Her intellectual property practice also includes counseling clients on brand strategy, trademark clearance, enforcement, and other intellectual property-related matters. Foram represents clients in state and federal courts and handles all stages of litigation from initiation through trial. She has significant experience representing businesses, especially those in the food and beverage space, in trademark infringement, false advertising, unfair competition, breach of contract, and business torts disputes.

Jenna P. Torres, Attorney
Eckert Seamans Cherin & Mellott, LLC

Jenna Torres is an Associate in the Intellectual Property group of Eckert Seamans’ Philadelphia office. She focuses her practice on the prosecution and litigation of trademarks, helping clients both large and small build and protect their trademark portfolios in the US and internationally. Jenna also counsels clients on copyright matters, including protecting copyrighted materials, infringement litigation, fair use issues, and licensing. Jenna represents clients in many industries, such as food and beverage, pharmaceutical and medical device, insurance, manufacturing, beauty, spa and hotel, retail, and professional services.

Michael Schreck, Manager
Analysis Group, Inc.

Dr. Schreck specializes in economic and quantitative analysis in complex litigation matters, including intellectual property, antitrust, tax, and commercial disputes. He has worked with academic experts to analyze a wide variety of industries, including food and beverage, retail, agriculture, high technology, and fashion apparel. Dr. Schreck’s case work has involved litigation related to alleged trademark infringement in the food and beverage industry, alleged false advertising by beverage brands, and allegedly anticompetitive behavior by canned food companies. Outside of litigation, he has published academic research on charitable giving that uses experimental methods, and has taught courses in experimental economics and the economics of the public sector.

William S. Foster Jr., Partner
Faegre Drinker Biddle & Reath LLP

William Foster is the go-to attorney for protecting and defending ownership of mechanical technology and electrical innovation. A registered patent attorney, Bill advises on, litigates and prosecutes high numbers of patent related matters. His knowledge of high-tech design, engineering and manufacturing enables him to prevail in patent infringement cases and effectively counsel clients in a wide array of consumer technology goods.  Bill has experience leading trial teams at the district court level and has appeared before the Federal Circuit and the Patent Trial and Appeals Board in oral argument on multiple occasions.  Relevant to the food and beverage industry, Bill has also both litigated and prosecuted patents in the commercial foodservice industry including: blending technology, commercial fryers, and single-serve brewing technology.

Agenda:

SEGMENT 1: Foram DaveAttorney Coblentz Patch Duffy & Bass LLP

  • Food Industry - Risks and Challenges
    • Choosing a trademark/ copyright
      • Strength of your trademark and copyright
        • Copyright
          • Strength of the logo – originality
          • Similar product similar logo – trademark/trade dress implications
        • Trademark
          • Diluted trademarks – many products with the same pre-fix
          • ITU trademark application v. use application
  • What to do when you receive a cease and desist letter?
    • Reviewing evidence
    • Consider the strength of your mark/ originality of your design
    • Responding in a timely manner
    • Evaluating options:
      • Cancellation of trademark, negotiating an agreement – coexistence/consent
      • Defenses – fair use, merger doctrine.
  • Best Practices
    • Protect IP early on
      • (C) automatic but file with (C) office
      • Trademark – perform search before use of a mark to avoid infringement.
      • Use (r) or ™ signs
    • Monitoring IP Rights
      • Use or lose rights
        • Systemic review of online materials
          • Filing DMCA notices
      • Sending cease and desist letters
        • Negotiating settlement
      • Commencing Board Actions
        • Pros v. cons in federal lawsuit
      • When all else fails, filing a lawsuit
        • Where to file
        • Costs and expectations
        • Value of mark v. cost of litigation

SEGMENT 2: Jenna P. TorresAttorney Eckert Seamans Cherin & Mellott, LLC

  1. Recent trends in USPTO trademark prosecution and TTAB cases
    • significance for food, beverage, and restaurant industry
    • finding more relatedness between goods, particularly alcohol
    • best practices in avoiding refusals and protecting marks in this environment
  2. International considerations for trademark use and filing
    • defensive filings - when?
    • coordinating protection strategies - protecting marks abroad and in US from importers
    • be aware of geographic indications (DOPs) that may affect sale of goods even in US
  3. Protecting against counterfeits - basic best practices
    • must have tm reg
    • Amazon brand registry
    • register with border/customs
    • sign up for private protections (e.g. through Corsearch, etc.) ​

SEGMENT 3: Michael SchreckManager Analysis Group, Inc.

  1. Recent trends in food and beverage introduce interesting new questions for IP litigation
    1. E.g., trend toward “better for you” products lead to new product brands and associated disputes over potential trademarks
    2. Actions taken in the early life of product brands (e.g., marketing strategy and product claims) have implications for litigation later on
  2. Recent litigation offers lessons for managing IP risk for new and existing product brands
    1. Issues in recent litigation in assessing boundaries within Abercrombie’s spectrum of distinctiveness
    2. Issues in recent litigation in assessing secondary meaning, particularly from a marketing expert witness perspective
    3. Issues in recent litigation in regards to claims associated with new products
  3. Risk management implications for practitioners
    1. Strategic choices around brand elements
    2. Implications for documentation of internal strategy
    3. Implications for communications with consumers

SEGMENT 4: William S. Foster Jr.Partner Faegre Drinker Biddle & Reath LLP

  • Overview of Patent Issues Pertinent to the Food and Beverage Industry

Date & Time:

Thursday, June 04, 2020

3:00 pm to 5:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Food and Beverage Manufacturers/Retailers/Distributors
  • Food and Beverage Lawyers
  • Intellectual Property Lawyers and Consultants
  • Intellectual Property Managers Litigators
  • In-House Counsel

SPEAKERS

Foram DaveAttorney
Coblentz Patch Duffy & Bass LLP
Jenna P. TorresAttorney
Eckert Seamans Cherin & Mellott, LLC
Michael SchreckManager
Analysis Group, Inc.
William S. Foster Jr.Partner
Faegre Drinker Biddle & Reath LLP

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