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

- Show: [The Startup CPG Podcast](https://hardwarepodcasts.com/podcast/the-startup-cpg-podcast)
- Published: 2026-07-28
- Length: 22m
- Episode: 342
- Page: https://hardwarepodcasts.com/podcast/the-startup-cpg-podcast/2026-07-28-259-mini-episode-legal-considerations-for-co-branding-agreements-with-foster-gar
- Listen: https://share.transistor.fm/s/37614422

## Summary

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.

## Outline

1. Introduction: Co-branding definition and examples
2. Strategic benefits: Customer acquisition and cross-category partnerships
3. Legal distinctions: Co-branding vs. licensing deals
4. Key contract components: Product scope, IP, term, and economics
5. Risk management: Termination, recalls, and 'divorce' clauses
6. Supply chain stability and marketing approval rights
7. When to engage legal counsel: NDAs, IP, and term sheets

## Topics

- [Intellectual property](https://hardwarepodcasts.com/topic/intellectual-property)
- [Marketing & brand](https://hardwarepodcasts.com/topic/marketing-and-brand)
- [Sourcing & supply chain](https://hardwarepodcasts.com/topic/sourcing-and-supply-chain)
- [Pricing, margins & unit economics](https://hardwarepodcasts.com/topic/pricing-and-unit-economics)
- [Starting a product company](https://hardwarepodcasts.com/topic/starting-a-company)

## Most relevant to

early-stage companies

## Mentioned

- Foster Garvey (company)
- Doritos Locos Tacos (product)
- Oreo Coke Zero (product)
- Intel Inside (product)
- Beyond Meat (product)
- Just Egg (product)
- Liquid Death (product)
- Chipotle (company)
- Taco Bell (company)
- Doritos (company)
- Coca-Cola (company)
- Oreo (company)

## Related episodes from other shows

- [068: Partnership & Funding Legal Considerations for Product Startups](https://hardwarepodcasts.com/podcast/product-startup/2021-03-23-068-partnership-funding-legal-considerations-for-product-startups) (Product Startup)
- [081: How To License Major Brands and Celebrities](https://hardwarepodcasts.com/podcast/product-startup/2021-06-23-081-how-to-license-major-brands-and-celebrities) (Product Startup)
- [009: NDAs, Contracts, Insurance & Other Legal Tips with Gordon Firemark of Entertainment Law Update](https://hardwarepodcasts.com/podcast/product-startup/2016-05-31-009-ndas-contracts-insurance-other-legal-tips-with-gordon-firemark-of-entertainm) (Product Startup)
- [Advice Line with Christina Tosi of Milk Bar](https://hardwarepodcasts.com/podcast/how-i-built-this/2026-06-11-advice-line-with-christina-tosi-of-milk-bar) (How I Built This)
- [What It Really Takes To Build a Food Business: Part 2](https://hardwarepodcasts.com/podcast/how-i-built-this/2024-10-25-what-it-really-takes-to-build-a-food-business-part-2) (How I Built This)

## Citing this page

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