IP in the Restaurant Industry: Protecting Trademarks, Copyrights, Licensing, and Performance Rights


Re-Broadcast on August 9, 2017

The production and sale of alcoholic beverages is a highly regulated industry, and the number of small breweries and wineries in the United States has increased dramatically over the past decade. The alcohol regulatory landscape can be daunting, and it is easy for business owners new to the alcoholic beverage industry to land their brewery or winery in a heap of regulatory trouble. This presentation will address the top ten most common legal pitfalls that can sink a small brewery or winery. The seminar will include advice for some commonly-covered issues affecting breweries and wineries, such as franchise laws and trademark disputes, but will also include guidance on issues that receive less attention, such as tied house prohibitions and working with third party providers. Additionally, the discussion will address the restrictions on marketing beer and wine, which vary greatly from state to state. Finally, this CLE will discuss some of the less exciting (although absolutely necessary) aspects of alcoholic beverage law, such as licensing and yes, you guessed it, paperwork.

Key topics to be discussed:

  • Rules for Marketing Beer & Wine
  • Franchise Laws and Distributor Relationships
  • Interacting with Retailers
  • Trademark Best Practices
  • Beer & Wine Festivals
  • Working with Third Party Providers
  • Navigating Tied House Prohibitions
  • Direct to Consumer Interstate Shipment of Beer & Wine

Date / Time: August 9, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.



satterthwaiteJanet Satterthwaite, Partner at Potomac Law Group, is an internationally known for her skill as a trademark attorney. She provides seamless, practical, one-stop guidance on global trademark counseling, domain names, prosecution and portfolio management, licensing, enforcement/litigation, and cyberspace problems. As a member of Potomac Law’s Restaurants, Wine, Beer and Spirits practice group, she regularly speaks and writes on Intellectual Property as it affects these industries. She is routinely recognized by the leading ranking organizations, including Chambers USA, WTR 1000, Managing IP Stars, Superlawyers, and many others.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

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CLE 2.40 – CO
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CLE 2.00 – ID
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CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
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CLE 2.40 – WV
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Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).

myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Trademarks and Restaurants
a) Selection, protection, enforcement, geographical considerations; menu items, trade dress

Section II. IP and the Restaurant Business
a) Ownership of IP; licensing, investing, inventions

Section III. Trademarks, Copyrights and Celebrity chefs: the chef-driven restaurant culture
a) Name and likeness rights, Cookbooks, TV rights, personal appearances, chef-names restaurants, food products

Section IV. Performance rights
a) Music licensing (live and recorded); showing Sports on TV

Section V. Recent cases