We sit down with James Gourley, an experienced intellectual property attorney at Carstens, Allen & Gourley. James shares insights into the critical role of intellectual property (IP), particularly trademarks and patents, in the beverage industry. Drawing from his extensive background, including work with PepsiCo, James highlights the importance of protecting brands, navigating IP challenges, and addressing misconceptions surrounding trademarks and patents. They also discuss the emerging THC beverage market, packaging innovations, and the significance of early IP planning for small businesses to avoid costly legal disputes. James offers actionable tips on when and how to secure trademarks to protect a company's identity and success.
Show Notes:
James’ Background: James shares how his chemical engineering degree led him to a career in intellectual property law.
IP in the Beverage Industry: James explains his experience with PepsiCo, focusing on packaging innovations as a key area for patents.
Challenges in IP: He highlights how reducing packaging material can save millions and addresses the limitations of patenting beverage recipes.
THC Beverage Market: James discusses the regulatory challenges and frequent packaging changes due to varying state laws.
Trademarks vs. Patents: He emphasizes that trademarks, not patents, are the most valuable IP for beverage companies because they protect brand identity.
Advice for New Businesses: James stresses the importance of conducting a trademark search and filing early to avoid legal conflicts.
Misconceptions About IP: He clarifies that trademark registration is affordable and vital to prevent costly disputes later.
Trademark Infringement Case: James shares a recent case where a whiskey brand faced trademark issues over confusingly similar names.
Expanding into CPG: He explains how trademark classes may change when businesses transition from restaurants to packaged goods.
Actionable Tip: James advises businesses to file a trademark application early as a simple, cost-effective step to protect their brand.
Carstens, Allen & Gourley, LLP
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Sponsors and Affiliates:
No Ads in this episode thanks to James Gorley at Carstens, Allen & Gourley, LLP