直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Firm
  • Careers
Finnegan
    • Advertising
    • Copyright
    • Design Rights
    • European, German, and UK IP Law
    • Export Control
    • Patent Litigation
    • Patent Office Examinations
    • Patent Portfolio Management, Monetization, and Transactions
    • Post-Grant Proceedings
    • Trademark
    • Trade Secrets
    • Blockchain, NFTs, and Other Digital Assets
    • Chemicals, Industrials, and Materials
    • Communications
    • Consumer Goods and Services
    • Electronics and Information Technology
    • Energy
    • Hospitality, Gaming, and Leisure
    • Life Sciences
    • Transportation and Logistics
  • Experience

Food and Beverage

About

Food and Beverage is part of our work in Chemicals, Industrials, and Materials, Consumer Goods and Services, and Hospitality, Gaming, and Leisure.

Nourishing the world through innovation

Food and drink play an important role in everyday life, both in its necessity for survival and the cultural significance placed on food and eating. It is no surprise that food and beverage companies invest substantial resources creating new products and unique ways to package and market them. Companies must protect these investments by obtaining and protecting the underlying intellectual property rights that result from their innovation. Finnegan works with both startup and established companies making advancements in manufacturing, formulation development, processing, and packaging.

Understanding the law, science, and technology

Finnegan has a long history of helping food and beverage companies protect their products and their brands across the IP spectrum–utility and design patents, trademarks, trade secrets, trade dress, and copyright. The depth of our legal and technical knowledge and our understanding of our clients’ businesses and market positions enable us to identify opportunities, anticipate problems, and provide practical solutions.

We help with:

  • Litigating high-value products in district and appellate courts and government agencies
  • Protecting against infringement through litigation or other dispute resolution options
  • Developing and executing patent prosecution strategies
  • Writing opinions and providing ongoing counseling for new and evolving products
  • Developing licensing programs to include franchising
  • Conducting due diligence investigations
  • Developing portfolio management strategies
  • Providing trademark protection and counseling
  • Obtaining European/UK Certification/collective marks
  • Identifying protected geographical indication and protected designation of origin marks
  • Obtaining registered design protection

Contacts

Everyone in this industry

Experience

Ambev S.A. v. Cervejaria Petropolis SA
Obtained affirmance from the Federal Circuit of a Finnegan trial victory before the Trademark Trial and Appeal Board (TTAB) in cancellation proceeding over FUSION mark for energy drinks.

19-1132, Fed. Cir., Judges Prost, Moore, Wallach
Opposition No. 92059437, TTAB, Judge McCormack

Closure Systems International v. Novembal USA, Inc.
Represented Novembal USA, Inc., the declaratory judgment defendant, in this multi-design patent case directed to designs for closures for bottles. This case favorably settled during discovery.

1:19-cv-03944, S.D. Ind., Judge Dinsmore

AgroFresh Inc. v. Decco U.S. Post-Harvest, Inc. et al.
Representing defendants in action involving patent infringement, trade secrets, and tort claims relating to pre-harvest technology used with produce.

1:16-cv-00662, D. Del., Judges Fallon, Robinson, Bataillon, Noreika

Nestle USA, Inc. v. Steuben Foods, Inc.

Represented Nestlé USA in three appeals from inter partes review (IPR) decisions by the Patent Trial and Appeal Board (PTAB). In two cases, the Federal Circuit vacated the PTAB decisions upholding the patentability of the challenged claims and remanded the cases. In the third case, the Federal Circuit affirmed the PTAB’s finding that the challenged claims were unpatentable.

16-1750, Fed. Cir., Judges Hughes, Mayer, Reyna
17-1193, Fed. Cir., Judges Dyk, Hughes, Reyna
17-1290, Fed. Cir., Judges Dyk, Hughes, Reyna

Steuben Foods, Inc. v. Nestle USA, Inc.
Representing Nestle in defense of district court litigation alleging patent infringement of five patents related to aseptic packaging.  The case is ongoing.

1:13-cv-00892, W.D.N.Y., Judges McCarthy, Skretny, Wolford

Teavana Corp. v. The Veda Company, LLC
Represented Teavana Corporation, a subsidiary of Starbucks, in an infringement litigation adverse to The Veda Company, LLC relative to that company’s use and efforts to register the mark TEAVEDA. The matter was ultimately resolved with the abandonment of the TEAVEDA application, cessation of infringing product sales, and The Veda Company’s agreement not to use or register the TEAVEDA mark or any other marks confusingly similar to TEAVANA.

1:16-cv-02434, E.D.N.Y., Judge Brodie

More

Insights

Federal Circuit IP Blog

Federal Circuit Puts a Cork on Tiger Lily’s Whiskey Trademark

June 10, 2022

Articles

Latest Cases from the NAD on Environmental Claims Provide Helpful Practice Tips for Marketers

February 2, 2022

Articles

Key Takeaways in Bimbo's 'All Butter' False Label Win

November 24, 2021

Articles

A Court Enjoined a Trademark Licensee From Selling Frozen Pizza Outside the Scope of the License Agreement

November 3, 2021

INCONTESTABLE® Blog

Whiskey’s Good Proofing Water, But It Doesn’t Tell You Who the Real Peaky Blinders Are

November 3, 2021

Federal Circuit IP Blog

Beer Dispute Still Brewing: Federal Circuit Ruling Leaves Fate of BROOKLYN BREW SHOP Mark Partially Undecided

November 2, 2021

More

News

Commentary

Fed. Circ. Forecast: Food Co. to Fight Coca-Cola's TM Victory

April 28, 2022

Commentary

When Is a Sausage Not a Sausage? A Guide to Plant-Based Branding

March 28, 2022

Commentary

Trademark Cases to Watch in 2022

January 3, 2022

Commentary

How Food Brands Stem Cannabis Knock-Offs

May 20, 2021

Commentary

Last Super Bowl Launched Beer’s Corn Syrup Wars. A Year Later, There’s One Clear Winner: Hard Seltzer.

February 2, 2020

Media Mention

And the LOTW Runners Up…

October 18, 2019

More

Due to international data regulations, we’ve recently updated our privacy policy. Click here to read our privacy policy in full.

We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.

  • Privacy
  • Disclaimer
  • EEO Statement

© 2022 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP