McCarter & English has represented a wide variety of companies in the highly competitive food and beverage industry. Our clients are family-owned companies, importers, manufacturers, distributors, established businesses and early stage entrepreneurs.
Team members have assisted in branding strategies and trademark protection for snack foods, energy drinks, coffee, teas, bottled water, nutraceuticals, food product ingredients, BBQ sauce lines, products created by restaurants, and dietary and nutritional supplements. We have handled trademark enforcement, jury trial litigation throughout the U.S. and counterfeiting cases in Latin America, Taiwan, China, Israel, and the Near East.
Our patent lawyers also have the technical expertise and experience to assist food clients and have expertise in areas such as food processing technology, food chemistry, food microbiology, food safety, enzyme deactivation technology, aseptic processes and aseptic containers, freeze-drying technologies, food supplements, bioengineered crops, packaging for food applications, and machinery for food preparation and processing. Additionally, our patent lawyers have significant experience securing design and utility patents for our food and beverage clients’ bottles, cups, bowls and other packaging.
We also conduct IP due diligence and protect the IP created during company mergers and acquisitions. We are experienced in negotiating and drafting non-disclosure and non-compete agreements. Additionally, we are experienced in creating and facilitating licensing, distribution, manufacturing, strategic alliance and joint venture transactions and litigating the IP and other issues arising upon the untimely termination of those relationships.
We are experienced in product recalls and our IP lawyers review advertising and labeling copy (FDA and FTC issues) and assist our clients in preventing unnecessary litigation. We take the offensive in false advertising litigation when our clients’ competitors cross the line. In addition, we assist clients with structuring and implementing their promotions, including sweepstakes and games of skill and draft the official promotion rules, affidavits of eligibility and liability and publicity releases.
