Hardware Podcasts

#259 - Mini-Episode: Legal Considerations for Co-Branding Agreements with Foster Garvey

The Startup CPG Podcast · 28 Jul 2026 · 22m · Episode 342

What this episode covers

Hillary Hughes, a lawyer at Foster Garvey, explains the legal framework for co-branding agreements in the CPG industry, using examples like Doritos Locos Tacos and Oreo Coke Zero. She distinguishes true co-branding from simple licensing by emphasizing mutual promotion obligations and approval rights over marketing materials. The discussion covers critical contract components including IP ownership, economic structures like fixed fees or royalties, and essential 'divorce' clauses for recalls, scandals, or bankruptcy. Hughes advises founders to secure NDAs early, define new IP ownership during formulation, and use term sheets to align on material terms before drafting long-form agreements.

Most relevant to

early-stage companies

Topics

Mentioned

Companies
Foster Garvey, Chipotle, Taco Bell, Doritos, Coca-Cola, Oreo
Products
Doritos Locos Tacos, Oreo Coke Zero, Intel Inside, Beyond Meat, Just Egg, Liquid Death

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