Jeanne Hamburg is an attorney with Norris McLaughlin P.A., where she specializes in all aspects of copyright and trademark law, both in litigation and in the transactional area, as well as intellectual property, internet law, litigation, food and beverage law, and venture tech and emerging growth companies.
Hamburg recently spoke with Specialty Food News about how brands can avoid common legal missteps and what 2019 holds for CBD-infused food and beverages.
What are you most looking forward to at the 2019 Specialty Food Business Summit?
In an age when so many communications are digital, I look forward to meeting in person with industry leaders and my co-speakers. Additionally, the educational opportunities afforded by the programming are outstanding. I’m particularly excited to learn more from entrepreneurs on how they built their businesses; the role that technology, social media, and e-commerce plays in the food/beverage space; how a specialty food company can grow while still maintaining a healthy corporate culture; and managing the other challenges that come with growth. Of course, I’m also excited to present on how attendees can minimize risk, which goes hand in hand with maximizing growth.
Are there any food and beverage trends on your radar for 2019?
CBD-containing foods and beverages are one of the biggest trends, especially following passage of the Farm Bill this past December, which made CBD containing less than 0.3 percent THC lawful at a federal level. CBD in food and beverages implicates federal, state, and local laws and regulations and while we are still awaiting some guidance, those of us attorneys serving food and beverage clients are getting lots of inquiries. The CBD market is projected to be in the billions of dollars and is a huge opportunity in the specialty food industry. But with news of embargoes and seizures of some of these food and beverage items by local authorities like the New York City Department of Health, it’s important to have good legal counsel in navigating this emerging market.
What are some of the most common mistakes companies make that put them at risk?
One of the more common missteps is failing to memorialize agreements in writing. Having a contract has many benefits: it clearly sets forth the parties’ understanding; appropriately mitigates risk by including provisions that shift or cap monetary liability, such as indemnification or liquidated damages provisions; provides for termination for cause, collection (where appropriate), transfer of intellectual property rights, enforcement, and confidentiality/nondisclosure. There are many predictable risks in the food/beverage industry and they can be minimized with appropriate agreements. The right contract can minimize or even entirely avoid a wide range of risks.
Do you have any advice for brands just starting out?
In the excitement of developing their brands, sometimes new companies overlook the need to legally clear them. Legal clearance is a process by which experienced trademark counsel makes sure a brand is available for use and federal registration. If a mark is not cleared, the new brand owner runs the risk of getting a claim from the existing brand that the new brand violates its trademark rights. Once a new brand clears its mark it can federally register it and secure exclusive nationwide rights to the name Proper trademark clearance and registration are essential steps on the way to building a brand you can grow.
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