Importance of brand in the food & drink sector

In the realm of taco enthusiasts, the phrase "Taco Tuesday" has become synonymous with a midweek celebration of everyone's favorite Mexican dish. Recently, fast-food chain Taco Bell challenged Taco John's trademark ownership of the phrase, arguing that "it should belong to everyone." While it is true that companies can hold rights to certain trademarks, the case of "Taco Tuesday" exemplifies the delicate balance between protecting brand identity and preserving the public's right to use common phrases.

The food industry is a highly competitive marketplace where branding and packaging play a crucial role in capturing consumer attention. In 2015, Japanese confectionery company Ezaki Glico Co. Ltd. filed a lawsuit in the United States against Lotte International America Corp., alleging that Lotte's packaging of its chocolate-filled biscuit product, called "Pepero," infringed on Glico's trademark for its own similar product, "Pocky." This dispute highlights the importance of protecting trademarks in the food industry and the potential risks of creating packaging and branding that is confusingly similar to a competitor's product.

Likelihood of confusion is a critical issue in trademark disputes, as it is a claim that must be substantiated with evidence to prove infringement. In the case of PepsiCo and Rise Brewing, Rise Brewin argued that PepsiCo's use of the word "rise" in its product names and marketing materials was likely to cause confusion among consumers.

Monster Energy, the popular energy drink brand, has become well-known for their aggressive stance on protecting their trademark rights. They have been particularly vigilant when it comes to game developers using the word "Monster" in their game titles or branding. Over the years, Monster Energy has filed numerous trademark complaints against game developers for alleged infringement, claiming that the use of the word "Monster" in their games causes confusion with Monster Energy's brand.

American band OK Go threatened to enforce its trademark rights against the company Post Foods and its new product. The Lakeville-based breakfast foods manufacturer attempted to trademark the name “OK Go!” in spring for a range of cereal cups. What is the extent of trademark rights in a dispute between an indie rock band and cereal cups?

It has become increasingly common for celebrities to leverage their intellectual property to create successful business ventures. Through branding programs, they are able to offer a wide range of goods and services. In order to do that, they first must register official trademarks - signs that distinguish the company’s goods and services from those of its competitors. Recently, Mariah Carey successfully acquired the rights to the ‘Black Irish’ trademark to sell her Black Irish Cream Liqueur in Europe and the UK.

In January 2023, the Boards of Appeal overturned the decision of the Cancellation Division regarding the revocation of McDonald’s word mark ‘BIG MAC’. The long-running lawsuit between Irish fast food chain Supermac’s and an American corporate giant, McDonald’s, initially led to the cancellation of McDonald’s trademark in 2019 due to lack of genuine use. New evidence, however, proves the genuine use of ‘BIG MAC’ not only for the beef burger but also for restaurant services.

When considering applying for a new trademark, many people may want to include the specific country name or city name as a major part of the trademark to clearly indicate the origin of goods or services. The trademark dispute between a British supermarket ‘Iceland’ and the country of Iceland, however, highlights certain difficulties of such applications. The decision of the Grand Board of Appeal of the EUIPO (European Union Intellectual Property Office) will have significant implications for brands relating to country names.

Bad Faith trademark filings worldwide have increased significantly over the past years. And while the problem persists, the trademark lawyers still struggle to define consistent minimum acceptable standards for dealing with bad faith trademark applications. Resolution of the ongoing dispute between Lidl and Tesco could have significant implications for future rulings concerning bad faith trademark registrations.

Satirical adaptations of well-known brands have become a common thing and profitable market for many lesser-known companies. Besides being an effective mean to attract more customers, parody products can also be a good defence against trademark lawsuits, as in many cases, brand owners have limited options to enforce their rights against satirical adaptations.