Trademarks and copyrights are crucial elements in defining the identity and market position of any food and beverage retailer. At Sauchik & Giyaur, P.C., we focus intently on working alongside these companies to preserve and enhance the distinctiveness of their brands, ensuring they stand out amidst fierce competition. We assist clients in developing robust intellectual property strategies and programs, emphasizing the refinement and protection of their rights, and adeptly representing them in legal contexts when these rights are challenged or need to be enforced.

Our expertise particularly shines in the realm of trademark litigation within the food and beverage industry. We handle all facets of domestic and international trademark matters, including counseling, trademark clearance, registration, licensing, and, notably, aggressive enforcement through litigation. Additionally, we have significant experience in handling grey market and parallel import disputes, an increasingly pertinent issue in the globalized marketplace. These disputes involve unauthorized importing and selling of genuine branded products, which can undermine a brand’s integrity and market strategy. Our approach in these cases is strategic and comprehensive, aimed at protecting our clients’ interests and ensuring that their products and brand reputation are not compromised by unauthorized distribution channels. We also extend our services to include advertising review, counsel, and dispute management, offering a full suite of support to food and beverage companies to maintain and enhance their market presence.

We act as transactional counsel to a diverse array of clients in the food and beverage industry, including retailers, manufacturers, importers, and various other companies. We offer expert advice in the following types of matters:

• Licensing, marketing, and distribution agreements.
• Mergers, acquisitions, and dispositions.
• Strategic partnering and joint ventures.
• Equity financings
• Debt financings.
• Processing, equipment acquisition, and supply contracts.
• Board governance.
• Shareholder voting and control matters.
• Securities reporting and disclosure obligations.
• Bankruptcy issues.

Laws and regulations, including Food, Drug, and Cosmetic Act (FDCA), FDA Food Safety Modernization Act (FSMA), Nutrition Labeling and Education Act (NLEA), Federal Meat Inspection Act (FMIA) and Poultry Products Inspection Act (PPIA), Agricultural Marketing Act, Bioterrorism Act of 2002, Country of Origin Labeling (COOL) requirements, and Imported Food Safety regulations imose stringent requirements on the safety of food and format and content of information that must be included on food and beverage packages, including ingredients, nutritional information, allergens, and much more. Manufacturer claims regarding nutritional content and health benefits of their products—to help their products stand out in the marketplace—may also be scrutinized by government regulators and consumer lawyers.

We can help navigate the breadth of complex requirements for food, beverage, and dietary supplement products, providing advice regarding:

• Permissible and prohibited ingredients
• Packaging
• Labeling requirements
• Manufacturing and handling facilities
• Inspections
• Government enforcement actions
• Recalls and crisis management
• FDA Food Safety Modernization Act (FSMA) compliance
• Import and export matters
• FDA warning letters and USDA Notices of Intended Enforcement
• FDA GRAS notification and self-GRAS strategy and preparation
• USDA new technology reviews
• USDA Food Safety and Inspection Service (FSIS) ingredient suitability assessments
• New dietary ingredient notification preparation and submission

We assist food and beverage companies with various aspects of real estate transactions. This includes the acquisition and disposal of properties, leasing, as well as the development and construction of manufacturing facilities and retail outlets nationwide. Moreover, we provide expert advice on the environmental implications associated with these commercial and real estate transactions.

We actively guide our clients through the process of securing federal, state, and local permits for both new and existing facilities. Our services extend to offering counsel on issues related to regulatory compliance and permit adherence.

The consumer products sector, particularly in the food and beverage industry, has become a hotspot for costly litigation related to labor and employment, including wage and hour, disputes. Our attorneys are well-versed in advising food and beverage companies on a broad spectrum of employment-related issues. This includes day-to-day employment matters as well as defending against vigorous types of lawsuits.

Our expertise covers a wide range of relevant topics for food and beverage clients, such as equal employment laws, handling wrongful termination disputes, navigating wage and hour regulations, ensuring ADA compliance, and developing employer policy manuals. Additionally, we provide guidance on the creation and enforcement of nondisclosure and noncompetition agreements.