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Perspective

Mar. 26, 2009

Hungry for Trademark Protection

Although the courts have ruled on cases involving brands, slogans, logos and product packaging, there is a dearth of guidance regarding trademarks in food products themselves.

By Bobby Ghajar and Nancy Olson

The food industry has long been a champion of using trademarks to build and protect product and company recognition. Trademarks are used by the food industry to protect product names (Pepsi), restaurant names (Cheesecake Factory), slogans (Burger King's "Have it Your Way"), logos (the Starbucks siren), food packaging/labels (triangle-shaped boxes for Toblerone Swiss chocolate), and restaurant "trade dress" (McDonald's golden arches or the...

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