Trademark Issues for the Food, Beverage and Agriculture Industries

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.

Learning Objectives:

I. Review trademark law and procedures including: 

• Lanham Act
• State statutes
• Common Law
• Filings
• Madrid Protocol

II. Recognize types of trademark misuses including:

• Improper suggestion of affiliation
• Dilution
• Comparative advertising
• Counterfeit products
• Imposters 
• Regulatory framework
• Public relations backlash
• Licensing