San Diego Food & Beverage Intellectual Property (“IP”) Attorney
Just like the cannabis industry, the food and beverage industry has its own set of issues. Not only are food and beverage businesses subject to laws from the Food and Drug Administration (“FDA”), they may also be subject to the Alcohol and Tobacco Tax and Trade Bureau (“TTB”), the Federal Trade Commission (“FTC”), and state regulatory bodies like the California Alcoholic Beverage Control (“ABC”). These bodies of law put significant pressure on food and beverage businesses that can constrain and control trademark or other intellectual property concerns. At T-Rex Law, we understand these constraints and work with food/beverage clients to build comprehensive intellectual property protection. Contact us to see how we can help. (858) 220-1166.
Why Choose Us?
- We offer free consultations where we will come up with a comprehensive intellectual property strategy for your business.
- Once we come up with a comprehensive intellectual property strategy, T-Rex Law only charges flat fees so you’ll never be surprised by a bill.
- Our attorneys are industry experts with extensive experience in food and beverage intellectual property
How do Trademarks Apply?
Trademark protection in the food/beverage industry is fairly complex and T-Rex Law takes a few unique strategies to protect your intellectual property rights.
T-Rex Law is also very familiar with the industry and understands that there are often many users of the same or similar trademarks. With craft breweries and wineries popping up left and right and similar naming trends across the nation, the use of similar trademarks by many businesses was inevitable. This means that Trademark Searches and trademark enforcement is crucial to protect your trademarks.
How do Copyrights Apply?
In the food and beverage industry, the one thing that is uniquely you is your logo. Most breweries, restaurants, markets, etc. have a unique logo that sets them apart. At T-Rex Law, we help you protect those logos.
Unlike trademarks, Copyrights are not tied to certain Classes of goods/services. Copyrights in a logo apply to any reproduction, copying, or use of your logo. Therefore, registration of your artistic works is essential – and we always recommend this supplemental protection.
Many businesses in the food/beverage industry also run into issues with Copyright ownership. Many people don’t know that the author of an artistic work owns the Copyrights in and to the work of authorship. This means that an independent contractor hired to create a logo generally owns the Copyrights – not the business that commissioned them. This could lead to Copyright infringement and even a lawsuit later on. At T-Rex Law, we can help you clean up any issues with ownership and make sure your Copyrights are adequately protected.
How do Trade Secrets Apply?
A trade secret can be a huge asset in the food and beverage industry. Just think about Coca-Cola’s secret formula – which originated around 1890 – and still remains a trade secret to this day. If you have unique formulas, secret processes or techniques, etc., you might have a trade secret. There is no way to federally register your trade secret, so a trade secret protection plan can help.
At T-Rex Law, we have extensive experience in crafting these plans so your trade secrets remain just that – a secret.
Contact a San Diego Food & Beverage Intellectual Property Attorney
Our experts at T-Rex Law in San Diego, CA can help guide you through the murky waters of the food and beverage industry. Contact us for a free consultation or fill out our online form.