Intellectual property assets are a critical component of the food and beverage industry. Each product faces numerous competitors, each vying for the same customers. Often, the only manner in which a product can differentiate itself is through trademarks and a good marketing campaign. (Consider a grocery store’s well-stocked shelves with numerous products, each providing more or less the same type of goods.)
However, eye-level consumerism is not the only challenge for these industries. The online world and social media have created a space where brands can engage directly with consumers without the hassle and expense of traditional television and radio advertising campaigns. As this engagement grows exponentially with the proliferation of various social media outlets such as Twitter and new generations of platforms, so does the associated legal risks for traditional content owners.
Brands need to understand how to react to the unauthorized use of a company’s intellectual property and the impact that namesquatters or brandjacking can have in the long term. While legal considerations are of utmost importance, so is the public relations impact of taking an aggressive stance.
This lecture examines traditional trademark principles as they apply to the food, beverage and agriculture industries, and delves into the social media aspect of promoting a brand.
I. Review trademark law and procedures including:
II. Recognize types of trademark misuses including:
Olivera is a Principal at Medenica Law PLLC. Her practice focuses on both transactional and litigation issues faced by businesses in a variety of industries from media, hospitality, and fashion to consulting, retail and telecommunication. She regularly counsels her clients on trademark, copyright, IP licensing and social/digital media content. In her litigation practice, she counsels her clients on contentious matters such as copyright and trademark infringement, trade secrets, unfair competition, breach of contract, fraud, right of publicity and privacy, defamation, and shareholder and business owner disputes in closely held businesses. In her trademark practice, Olivera handles risk evaluation for trademark use and registration, prosecution, policing, enforcement and a national and international portfolio of trademark rights. Under her leadership, Medenica Law PLLC recently won a competitive bid to represent the National Endowment for the Arts on select intellectual property matters.
Olivera has lectured in a variety of venues on issues dealing with intellectual property, business ownership and disputes, social media, and law firm management issues. Lecture engagements have included Lawline.com, the Federal Bar Association, New York County Lawyers’ Association, the New York City Bar, the New York State Bar Association, Harvard Law School, Brooklyn Law School, New York Law School, South by Southwest Interactive, Cardozo Law School, the School of Visual Arts, Manhattan School of Music, Direct Marketing Association Conference (Geek-End), and the New York Foundation for the Arts.
She has also written articles for a variety of publications including the New York Law Journal, National Law Journal, Ecommerce Law and Strategy, Brooklyn Journal of International Law, Cardozo Arts and Entertainment Law Journal, and Loyola of Los Angeles International and Comparative Law Review and the Internet Law Journal. She also co-authored the American Bar Association’s Legal Guide to Fashion Design, and Thomson Reuters’ Aspatore, Inside the Minds, 2015 Edition of Navigating Fashion Law.
Olivera is an Advisory Board Member of the New York Law School Innovation Center for Law and Technology, Fashion Law Initiative. Olivera is also the founder of an annual national Fashion Law Conference hosted by the Federal Bar Association, in both New York and Paris. The conference draws an international audience and was featured in the Huffington Post and Intellectual Property Watch, a Geneva, Switzerland based publication.
Olivera served as President to the Southern District of New York Chapter of the Federal Bar Association (2014-2015). She was also a member of the New York County Lawyers’ Association Board of Directors, and has chaired the Small Law Firm Committee at the New York City Bar and the Entertainment, Media, Intellectual Property and Sports Section at NYCLA.
This CLE was extremely informative
Great presentation! Will watch this one again!
Good use of examples.
Useful information that is broadly applicable. Relevant examples, extremely helpful slides. Presenter was knowledgable and personable. Excellent overall.
While a good, basic trademark discussion, the title led me to believe that the content would be different. I would still recommend this program, but more as a general trademark primer with interesting cases - not as something specific to food, beverage and dug industries.
Knowledgeable instructor; just wish that the course was more focused specifically on food and beverage industry, although toward the end the cease and desist examples were almost exclusively so.
Great use of the video!
She loves the subject and she knows it like she loves it. This is the level of faculty you want to shoot for. Get us more CLE like this. Very well done.
Good review of trademark - not DSL on industry niche.
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