IP Industries – Food & Beverage

Wineries, breweries, franchisers and food distributors turn to Fox for the smart, strategic and cost-effective approach to protecting and policing their trademarks.

Trademarks

  • Represented the distributor of a famous Norwegian cheese brand in defending trademark and trade dress infringement claims.
  • American Italian Pasta Company v. New World Pasta
    Served as lead counsel, successfully arguing before the Eighth Circuit Court of Appeals that “America’s Favorite Pasta,” was mere puffery.
  • Weight Watchers, Inc. v. Stouffers Lean Cuisine
    Served as lead counsel for Weight Watchers in a two-week bench trial involving trademark infringement and false advertising issues known as the “Diet Food War.”
  • National Pork Board v. Supreme Lobster & Seafood
    Represented National Pork Board, the congressionally enacted commodity promotion board for pork, in an opposition based on the Board’s famous mark THE OTHER WHITE MEAT®. In a decision in which the TTAB relied on the Federal Trademark Anti-Dilution Act for only the second time in the history of the statute, the TTAB found that the client’s mark was likely to be diluted by the applicant’s proposed mark “The Other Red Meat” and denied the trademark application.
  • Purebred Company v. H.J. Heinz, et al.
    Served as lead intellectual property counsel in a three-week jury trial representing the defendants against claims of trademark infringement, unfair competition and false advertising.