Natural. Sustainable. Organic. There is a smorgasbord of marketing buzzwords — but what do they mean, and what is to come from litigation food fights?
The challenge with any trademark is how to make it distinctive. Configuration marks offer a wide variety of possibilities for capturing people’s attention.
Geographic indications (GIs) straddle intellectual property and international trade law. GIs identify goods originating in a specific geographic location, where the quality of the goods is tied to its region of origin.
Recently, many alcohol beverage makers have been sued in consumer class actions for false or misleading advertising. This article discusses the cases and how they have fared.
This article comments on a number of important South African trademark law cases relating to the wine industry including container marks, similar goods infringements, and geographical names.
The authors provide a review of the key copyright and licensing issues for bars and restaurants using music or audiovisual content.
Potato processing patents are on the rise, spawned by new genetic engineering technologies that “silence” undesirable tuber characteristics. This article examines the history of potatoes and their patenting.
The authors briefly summarize the copyrightability of culinary creativity, including written recipes and cooked dishes, and examine the merits of the current state of the law.
This article explores how claim construction orders are reviewed by the Federal Circuit after the Supreme Court clarified the standard of review in Teva Pharms. USA, Inc. v. Sandoz, Inc.
The European Court of Justice’s decision in the dispute between Nestlé and Cadbury over the registration of the shape of the Kit Kat chocolate bar as a trademark has been hailed both as a victory for the trademark owner as well as the nullity plaintiff. The article exposes the nuanced state of European trademark law concerning three-dimensional trademarks after Nestlé v. Cadbury.