Serious Eats: Talk
Trademarking Food Products
Following a comment made on another thread, I looked into a few trademarked foods. I find it absurd that a foodstuff can be trademarked.
I understand provenance labels that explain Champagne is from Champagne. I get that you might call your hamburger sandwich BillyBob's Hamburger. But that doesn't mean no one else can use the word hamburger, or pretzel or "Korean BBQ". You can't own a food style.
As to Cronuts (TM), it is fry-bread, albeit with his special recipe. But aren't all recipes at restaurants special, ideally? It is still a donut or a pastry. Trademarking the name cracks me up.
Cooks have always tinkered with recipes and always will. Enforcing some trademark of the process is silliness. I will acknowledge that there may be money to be made there somewhere, during a craze.
Sure, maybe you won't call your version of yellow cake with white cream inside a Twinkie (likely TM), but you can certainly still make one.
What do you think of the TM issues?