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?


The tastiest bites delivered to your inbox!

Show 10 Comments

Talk is closed - check out our Facebook and Twitter accounts instead.