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Subject: Re: Cocktail Copyrights
From: Dan the Melon Man
Posted: Fri Apr 11. 2003, 13:11 UTC
Followup to: "Cocktail Copyrights"  by Jason Jelicich  (Fri Apr 11. 2003, 06:31 UTC)
> I'm looking at doing a story for Australian Bartender Magazine on 
> cocktail copyrighting.

Start with a search, it's discussed regularly here.
copyright">http://www.webtender.com/iforum/search.cgi?q=copyright

most recently just last week:
[Iain at Truffle] Naming your own Cocktail
... then ask a lawyer.

or DrinkBoy:
[DrinkBoy] Re: is there such thing as a drink copyright? or getting a drink you have invented in your name??
Who has a good suggestion on 'bragging rights'

Consensus here is "no", "not really", and "why bother?".

IANAL but you would trademark the name and/or patent the recipie/process. 
Copyright (intellectual property) is not the right area of law in a recipie 
unless you are re-printing it, not just serving it. Interesting distinction.

Case A, you have to enforce it - chasing down anyone who uses it and sending 
cease & desist BS, or asking for a fee - which would cause any right-thinking 
person to tell you to go to hell and change the name a bit, possibly using the 
same recipie.
If your name was blatently lame and proprietary in the first case 'the 
speedpour special' - they've probably renamed it out from under you already.

Patents are very expensive and hard to get (although Australia has had some 
gems slip through). And you'd still have to chase everyone down and enforce it 
(I think) unless someone started bottling and RTD. 
No bar is going to pay for a certain recipie, so forget all that.

> > What is the story with credit/ recognition for new cocktail 
> > inventions (it seems to be good etiquette)

As discussed last week, the best you can hope for is to get your name in the 
credits of the latest book, but you will never make it stick in the wild.
I suggested the 'urban legend' method.

> > Any juicy stories about corporations trying to own/ protect a recipe 
> > that someone else invented? 

Sounds like fun. DrinkBoy on 'Trader Vic' (link above) was a good start. 
Anyone?

.dan.


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