Protecting IP Rights in the Food and Beverage Industry
Leveraging Trademarks and Copyrights to Protect IP From Product Development to Marketplace Delivery

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, April 13, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide IP counsel advising companies in the food and beverage industry on managing key intellectual property challenges. The panel will discuss infringement and enforcement and licensing and leveraging protection to enhance the brand.
Faculty

Ms. Remore handles a wide range of intellectual property matters, including litigation, enforcement, counseling, licensing and prosecution of trademark and copyright applications. A substantial portion of her practice involves litigation of trademark registration disputes before the Trademark Trial & Appeal Board. Her significant intellectual property prosecution experience includes conducting trademark clearance searches, guiding trademark and copyright applications from application to registration, preparing responses to Office Actions and preparing renewal, maintenance and intent to use filings with the USPTO.

Ms. Torres concentrates her practice in intellectual property, particularly the prosecution and litigation of trademarks in the U.S. and internationally. She helps clients both large and small build and protect their trademark portfolios around the world, performing trademark clearance searches (including for pharmaceutical brand and generic names), advising on filing and maintaining applications as well as proper trademark use, drafting license agreements, coexistence agreements, and consents, overcoming USPTO refusals of all types, conducting IP diligence for merger and acquisition transactions and drafting and filing resulting assignment documents, conducting brand policing and diligence into potential infringement, litigating and defending oppositions and cancellations before the USPTO TTAB and litigating and defending federal trademark and unfair competition infringement actions. In addition, Ms. Torres provides services in matters dealing with copyright, such as advice on filing copyright applications, fair use issues, publishing agreements and licensing, as well as litigating and defending copyright infringement actions in federal court.

Ms. Bhalani handles all aspects of trademark prosecution, including clearance searches, applications and renewals, and provides domestic and international intellectual property strategy planning. She also researches and drafts responses to Examiners' Office Actions in the United States Patent and Trademark Office (USPTO). In addition, Ms. Bhalani has experience drafting, structuring and negotiating numerous licensing, co-existence, non-disclosure and asset purchase agreements.
Description
IP rights are a primary concern for the food and beverage industry. Trademarks, design rights, and trade secrets are highly valued, and trademark and trade dress infringement issues often arise. For example, in 2020, In-N-Out Burger won its trademark battle against Australian chain Down 'N' Out Burger. In January 2021, Circle K went before the TTAB to oppose the application by Medical Marijuana Inc. for a design patent of a K inside a circle over concern that there will be confusion if the design patent is granted.
To protect IP rights for beverages, packaged foods, and other products, companies and their counsel must carefully search and clear, protect with trademarks and trade dress (as well as utility patents, and/or design patents as appropriate), and continuously and vigilantly monitor and protect those IP assets.
Counsel can guide clients in the food and beverage industry to understand, police, and protect their IP rights in brand names, product recipes, configurations, packaging, and more while avoiding infringing others' IP rights, leading to liability exposure.
Listen as our authoritative panel examines IP issues in the food and beverage industry. The panel will discuss securing IP rights, monitoring for infringement, and handling IP disputes. The panel will also offer strategies on the best use of trademark, trade dress, copyright and trade secret law to protect IP in food and beverage products to maintain the brand strength.
Outline
- Protecting IP rights in the food and beverage industry
- Trademark
- Trade dress and design rights
- Copyright
- Trade secrets
- Monitoring for infringement
- Infringement
- Response
- Trademark disputes
- Strengthening brands
- Recent decisions on these issues
Benefits
The panel will review these and other key issues:
- What trademark, trade dress, and trade secret issues should counsel anticipate and address during the development of a product?
- What are the infringement vulnerabilities for companies in the food and beverage sector?
- What strategies should IP counsel employ to enforce trademarks, design rights, and trade secrets in the food and beverage industry?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Demonstrating Use in Commerce for Trademark Registration and Enforcement
Friday, May 30, 2025
1:00 p.m. ET./10:00 a.m. PT

Comparative Advertising: Avoiding Trademark Infringement, Disparagement
Available On-Demand

2025 China Trademark Litigation and Enforcement Update: Landmark Cases, Legal Shifts, Trade War Implications
Tuesday, May 20, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Getting the Most Out of BARBRI Resources
- Learning & Development
- Business & Professional Skills
- Talent Development
Transforming CLE from a Requirement to a Career Advantage
- Learning & Development
- Career Advancement
- Talent Development