Baloughs Explain Ways to Avoid an IP Food Fight

(November 15, 2016) The question of how aspiring chefs can use trademarks, copyrights, and trade secrets to protect their valuable recipes and presentations was the focus of a presentation by Balough Law Offices, LLC to the Chicago Bar Assn.’s Creative Arts and Food Law Committees.

Cheryl Dancey Balough explained that while recipes themselves are not copyrightable, cookbooks may be. She also warned that depending upon the circumstances, the “background” music may need to be licensed.

However, there are other ways to protect a chef’s work product, such as keeping the recipes a trade secret, which has been successful for entities such as Coca Cola and Kentucky Fried Chicken, Richard C. Balough noted.

Beyond recipes themselves, the names of the product and trade dress may be protectable via a trademark. And with GMO and other products, patents may offer protection as well.

A copy of the presentation, “Keeping Your Thanksgiving Recipes Out of (IP) Food Court” may be downloaded here.