Merchant & Gould’s experience in the food industry spans a vast array of foods, beverages, processes, packaging and like technologies. We have decades of experience in reviewing food industry packages and labels, substantiating advertising claims, and challenging advertising in the courts.
We have conducted scores of trademark oppositions and cancellations before the Trademark Trial and Appeals Board. We have litigated to protect trademarks, marketing concepts, and promotions, as well as to protect ownership rights in trade secrets, patents, and agreements.
M&G has challenged and defended cases against Kellogg Company, General Mills, Kraft, Clorox, and numerous grocery retailers such as Albertson's, Big Y Foods, and many others. We recently advised two private label manufacturers how to use trademarks to protect the private label business they were doing with retailers, resulting in increased business retention for both clients.
We have conducted major trademark litigation for Nash Finch Company, Malt-O-Meal, Sathers, Voss of Norway, and Champagne Louis Roederer. Our attorneys have toured food manufacturing plants, and have experience conducting audits and trade secret reviews in those plants.
A sampling of our food industry cases includes:
- General Mills v. Golden Valley Microwave Foods. M&G represented GVF as defendant. The technology was microwave popcorn with a specific salt composition. The case was settled by mediation during discovery.
- Novartis v. Nutrition Medical. M&G represented Novartis as plaintiff in this case involving a nutritional food product. The case settled close to trial with very favorable terms for our client.
- Zumbro v. California Products and Imagine Foods. A declaratory judgment patent case in the District of Minnesota. M&G represented Zumbro in this case over a food nutritional product patent. The case was dismissed for lack of jurisdiction over California patent holder but patent holder never brought own action or further threats of infringement.
- Schwan's v. Chef America. M&G handled the trademark litigation for Schwan’s, who was sued by Chef America over the trademark "Hot Pockets". The case was settled.
- Malt-O-Meal v. Quaker and Rubbermaid. M&G represented the plaintiff in this tortious interference/unfair competition case involving breach of an exclusive joint marketing agreement for a bagged cereal promotion. Following a jury verdict (in excess of actual damages requested) of $9.2 million, and a second trial resulting in $22.5 million verdict for punitive damages, the case settled favorably.
- Carlsberg A/S v. DVW and Applied Phytologics, Inc. M&G represented Carlsberg in a theft of trade secrets, inventorship, and contract dispute relating to specific plant material and processes. The case was successfully settled with full assignment of IP rights to our client.
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