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Food and Beverage

About

Food and Beverage is part of our work in Chemical, Industrial, 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 defendant and counterclaim plaintiff Novembal USA in a design patent litigation involving bottle closures; resolved through confidential settlement following filing of Rule 12 motion on behalf of Novembal.

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

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

6 More

Insights

Articles

Trademark Challenges and Opportunities in the Food and Beverage Industry: A Boardroom Discussion

December 14, 2020

Conference

3rd Food Innovation and Engineering Conference

November 4-6, 2020

Virtual

Conference

WTR Connect 2020

October 6-15, 2020

Virtual

INCONTESTABLE® Blog

Any Way You Slice It, D.C. Circuit Holds That &Pizza Can’t Get Piece of @Pizza

July 23, 2020

INCONTESTABLE® Blog

TTAB Just Says No to Mark for CBD Dietary Supplement

July 13, 2020

INCONTESTABLE® Blog

Finding No Intent to Abandon, TTAB Holds Rights in CHICLETS Stick

July 1, 2020

50 More

News

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

Commentary

Fed. Circ. Agrees Brazilian Brewery Abandoned 'Fusion' Mark

October 10, 2019

Media Mention

Food-Packaging Patent Cut After Fed. Circ. Win for Nestle

August 19, 2019

Media Mention

Your Food Manufacturing Legal Questions Answered

October 24, 2018

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