Food and beverage companies invest substantial resources in creating new products and unique ways to package and market them. Companies must protect these investments by obtaining and protecting the underlying intellectual property rights that result from their innovation. Maschoff Brennan works with both startup and established companies making advancements in manufacturing, formulation development, processing, and packaging.

Our attorneys help food and beverage companies protect their products and their brands across the IP spectrum of utility and design patents, trademarks, trade secrets, trade dress, and copyright. Our legal and technical knowledge and our understanding of our client’s businesses and market complexities enable us to identify opportunities, anticipate problems, and provide practical solutions.

Clients in the food and beverage industry turn to us for:

  • Obtaining patents for new food and beverage products

  • Strategically building and managing patent portfolios

  • Counseling on IP management and monetization strategies

  • Writing opinions and providing ongoing counseling for new and evolving products

  • Protecting against infringement through litigation or other dispute resolution options

  • Food and beverage labeling and packaging litigation, including class actions

  • Food safety recalls and litigation

  • Manufacturing accident investigations

  • Providing trademark and copyright protection and counseling

  • Advocating our client's position in post grant reviews, reexaminations, and reissues

Food Safety Litigation

At Maschoff Brennan we have represented food companies in some of the largest food safety events across the country. From initial outbreak crisis response to resulting customer, class action, and supply chain litigation we have worked with food company clients of all sizes, traversing the difficult circumstances that food safety litigation can create. We advise food manufacturers, food producers, retailers, and distributors in the food industry, counseling them on risk management and policy development to help reduce litigation risk and exposure.

We also have an extensive background in helping food and beverage clients on food labeling and advertising issues. We regularly counsel clients on FDA, USDA, and FTC compliance as well as local and state law. Our lawyers keep up to date on pending regulations, enforcement, and related issues at local, state, and national levels. Our understanding of the relationship between FDA and USDA regulations and state laws, and the litigation risks associated with them, helps us better service and advise our clients.