Food and Beverage

Creative trademark strategies are essential for brands venturing into newly-legalised US marijuana markets

Both Coca-Cola and musician Jimmy Buffett have been linked with marijuana brand partnerships over the past week. Such deals pose significant trademark difficulties, but there may be workaround strategies available. 

Creative trademark strategies are essential for brands venturing into newly-legalised US marijuana markets
18 Sep 2018

Crazy or canny? Tesco trademark ‘misstep’ may actually be a conscious commercial decision

Supermarket chain Tesco has been the focus of media coverage due to the lack of registered trademark protection for its new discount store brand Jack's, a move described as “absolute madness”. However, the reality is a more nuanced.

3 Sep 2018

“Negative for business and consumers” – GI association slams Brexit negotiations and possible no-deal scenario

oriGIn has released a strongly-worded statement calling for Brexit negotiators on both sides to preserve GIs as part of the UK’s withdrawal from the European Union.

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17 Sep 2018

A monster left licking its wounds: Monster Energy suffers three opposition losses

Energy drink giant Monster Energy has been involved in three trademark oppositions in New Zealand so far this year, and was unsuccessful in all three. Read more

12 Sep 2018

New incentives for registration of collective trademarks – government hoping to boost competitiveness

Starting on 5 September 2018, and for a duration of one year, certain communities, organisations and businesses will be exonerated from the payment of the official fee for the registration of collective marks in Peru. Read more

4 Sep 2018

When your business address is a trademark: description of historical location is fair use  

In a decision which clarified the application of the Lanham Act’s fair use defence, the US Court of Appeals for the Sixth Circuit has held that a name or term can be used in a descriptive or geographic sense if done in good faith Read more

3 Sep 2018

CJEU’s KitKat decision maintains high bar for proving acquired distinctiveness of shape marks

The CJEU has ruled that the EUIPO must re-examine whether Nestlé’s 3D mark for the shape of its four-fingered KitKat bar had acquired distinctiveness. Read more

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31 Aug 2018

Fake Warren Buffett fools thousands, Monsta mashes Monster, and Starbucks and Sardarbuksh dispute brews: news round-up

In our latest round-up, we look at a Canadian coalition urging that cigar companies be exempt from proposed plain packaging regulations, the Chinese government promising stricter IP protections, and much more. Read more

25 Jul 2018

Court gives Nestlé appeal the finger in long-awaited KitKat shape mark decision

​​​​​​​The Court of Justice of the European Union has dismissed appeals brought in the high-profile ‘4 Finger KitKat’ case, ruling that the EUIPO must reconsider whether the three-dimensional shape can be retained as an EU trademark. Read more

20 Jul 2018

Snoop Dogg swats away Gleissner mark, Nestlé sells brands, and artificial nose identifies fake cheese: news round-up

In our latest round-up, we look at serial trademark filer Michael Gleissner’s mixed week at the UKIPO, another Conor McGregor trademark fight, the most expensive domain name sale of 2018 so far, and much more . Read more

10 Jul 2018

Novichok trademark flurry, gift shop seeks IT'S COMING HOME mark and IHOb is no more: news round-up

In our latest round-up, we look at the UK gift shop seeking registered trademark protection for "It's coming home", the new Cornish pasties authentication scheme, Kenya stepping up its anti-counterfeit efforts, and much more. Read more

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23 Aug 2018

“A chef’s name is a trademark” – dispute highlights brand protection risks in the fine dining restaurant industry

An ongoing trademark dispute between an award-winning chef and his former employer has highlighted the issue of brand protection in the fine dining sector. Read more

10 Aug 2018

Food delivery marks on the rise, as Starbucks leads the way in restaurant brand filings: exclusive data analysis

In this week’s industry data report we look at the food service industry. We reveal that Starbucks has the most robust trademark portfolio in the industry, the rise in 'food delivery' applications, and more. Read more

2 Aug 2018

Authorities should distinguish between ads and trademarks: exclusive interview with PepsiCo’s Sergio Barragan

We speaks with Sergio Barragan of beverage giant PepsiCo to discover his approach to managing the company’s extensive Latin American brand portfolio. Read more

30 Jul 2018

General Court: CAVE DE TAIN does not evoke PDO 'Cava'

In a decision that provides valuable guidance on the concept of 'evocation' of a PDO, the EU General Court has confirmed that the trademark CAVE DE TAIN, which covers wines in Class 33, was not an evocation of the PDO 'Cava'. Read more

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13 Jul 2018

Madrid System fails to have an impact for local filers: an analysis of the Indonesian trademark market

In this country data report, we hone in on the fast-growing Indonesian trademark market, revealing that the country’s recent accession to the Madrid Protocol has had little impact on local filers, while US applicants have been making the most of the new filing option. Read more

8 Jun 2018

Growth of food and drink brands remains flat, but Chinese register sees explosion in filings: exclusive data analysis

In our latest industry data report, we inspect the food and beverage sector, finding that brand growth has been limited in this dynamic and challenging market. We also take a close look at overarching application trends. Read more

Insight

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1 May 2018

Recent and developing trends in false advertising disputes

A group of senior trademark and brand professionals convened in New York in January to discuss recent and developing trends in false advertising law. This special report details some of the key points and presents essential takeaways.

1 Nov 2017

India: Food and beverage products in the branding crosshairs

As the Indian food and beverage market becomes increasingly alluring to to brand owners, the courts are witnessing an eruption in trade dress protection and advertising disputes Read more

1 Nov 2017

Mexico: Make your product pop – but make sure it is well protected

Products need innovative strategies to stand out on shop shelves, especially in the food and beverage sector. While such marketing can increase sales, it also risks compromising trademark protection Read more

1 Nov 2017

Russia: Shifting tides of protection in the food and beverage sector

Although trade dress is an essential tool for brand owners trying to boost consumer recognition in the food and beverage sector, enforcing trademark protection can be a thorny issue Read more