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Foram Dave
Attorney | Coblentz Patch Duffy & Bass LLP
Jenna P. Torres
Attorney | Eckert Seamans Cherin & Mellott, LLC
Michael Schreck
Manager | Analysis Group, Inc.
William S. Foster Jr.
Partner | Faegre Drinker Biddle & Reath LLP

IP Rights in the Food and Beverage Industry: Risk Management Strategies and Techniques | On-Demand Webinar

Broadcast Date: Thursday, June 4, 2020 | 3:00 PM – 5:00 PM ET

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.

Key Topics:

  • 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

Agenda:

SEGMENT 1:
Foram Dave, Attorney
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. Torres, Attorney
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 Schreck, Manager
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

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

Register for this course by clicking the “Take this Course” at the top of the page.

CLE Credit:

Course Level: Intermediate | Advance Preparation: Print and review course materials

Method of Presentation: On-Demand Webinar | Prerequisite: General knowledge of intellectual property rights

Course Code: 148554 | Total Credits: 2.0 CLE

Instructions for Participating the Live Webinar

    • Please Register for the course by clicking the "take the course: button if you have not already registered.
    • Check Your Email – 24 hours before the webinar, you will receive an email with all necessary instructions, including access details and course materials. This information will also be posted here in this window when it is available.
    • Download Course Materials – Course materials will be available for download **24-48 hours before** the live webinar. Be sure to review them in advance. The Link to download is available by clicking the lesson tab.
    • Join the Webinar – Follow the instructions in the email to access the live broadcast at the scheduled time.
    • Note the Secret Words – During the webinar, secret words will be announced periodically. Please write them down.
    • Take the Quiz – After the webinar, click on the quiz link below and enter the secret words to complete the quiz.
    • Print Your Certificate – Upon completing the quiz, you will be able to print your Certificate of Attendance, which includes instructions on how to obtain CLE, CPE, or other applicable credits for the course.
    • On-Demand Access – The on-demand version of this course will be available 24-48 hours after the live webinar. If you miss the live presentation or need to review the content, you will have access to the on-demand version as an enrolled student. To access on-demand content, click the lesson and follow the instructions.
    • Support: If you have any questions, please refer to the email instructions or contact support: support@theknowledgegroup.zohodesk.com.