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We have a passion for the world of food and drink

Expertise that helps you achieve your commercial aims

The world of food and drink is subject to constant change. Gaining and retaining the competitive edge and preventing competitors from reaping the rewards of your research and investment is a constant battle. We make sure your IP is properly protected as you expand into new product lines or territories. No other IP firm has the in-house capability of Marks & Clerk in technological knowledge and legal expertise.

Industry focus

With Marks & Clerk, you’ll work with people with a passion for the world of food and drink – people who are immersed in the changes taking place in the sector and able to anticipate potential IP opportunities and problems.

Specialists

for the result you need

Photo: Hernán Ríos

Hernán Ríos

Partner Registered and Chartered Trade Mark Attorney (UK), Lawyer (Chile - non-practising)
Hernán is a Registered and Chartered Trade Mark Attorney (UK), a qualified Chilean lawyer and graduate of the Universidad Católica in Santiago. Hernán is a vital part of Marks & Clerk’s National Food & Drink team and he has many principal clients in this sector.
Photo: Noëlle Pearson

Noëlle Pearson

Senior Associate Registered and Chartered Trade Mark Attorney (UK), South African Qualified Attorney/Lawyer (non-practising)
Noëlle specialises in intellectual property law, with a strong focus in trade mark contentious and non-contentious matters.

Simon Speeks

Partner Chartered Trade Mark Attorney (UK)
Simon specialises in all aspects of trade mark law, including transactional work, licensing and franchising arrangements, enforcement of rights, portfolio management and disputes.

Complete IP service

Clear, practical advice that aligns with your strategies and goals

In addition to our patent attorneys and trade mark attorneys, we have a large team of commercial lawyers. They become part of the team where issues such as freedom to operate arise or contracts are required.

We also have skilled IP litigators with a very high success rate in clearing the way for you to enter the market.

Commercial focus

Marks & Clerk is known for its focus on clients’ commercial objectives. We operate as an extension of your business, so are able to provide clear, practical IP advice that aligns with your strategies and goals.

Clients

We work with food and drink businesses of all sizes. We advise start-ups, SMEs and large multinational companies on domestic and international trade mark, patent, copyright and design protection and enforcement.

Latest Insights

Article
- Monday, 8 July 2024

PUNK Brews Trouble for BLACK PUNK in Beverage Battle

The Federal Court recently upheld the decision of the Trademarks Opposition Board (the “Board”) refusing an application filed by PDM Parthian Distributer & Marketing Adviser GmbH (“PDM”) to register the trademark BLACK PUNK on the basis that it is confusing with the trademark PUNK, owned by Brewdog PLC (“Brewdog”).
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Supermarket shelves
Article
- Wednesday, 27 March 2024

Lidl V Tesco – Fight of the Supermarket Giants

Lidl, a discount supermarket with a presence in the UK since 1994, has been successful in an infringement and passing off claim against Tesco, the largest supermarket chain in the UK.

The dispute came before the High Court in 2023 and Lidl was overall successful. Tesco appealed that decision and the Court of Appeal has largely confirmed the lower court’s decision. Tesco will have to cease use of its Clubcard Prices logo (as shown below) which has been used to promote its discounted ‘Clubcard Prices’ scheme since 2020.
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Article
- Friday, 1 March 2024

Legal light-up: Court of Appeal ruling on M&S and Aldi's glowing gin bottles

The decision previously handed down by the Intellectual Property Enterprise Court (a division of the High Court) that Aldi infringed a number of registered designs by M&S directed towards gin bottles containing suspended gold flakes and a light incorporated in the base of the bottle has been upheld by the Court of Appeal, with Lord Justice Arnold, Lord Justice Moylan and Lord Justice Lewison dismissing Aldi’s appeal.
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Your definitive guide to intellectual property for the Food & Drink industry in Scotland

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