# Legal Question Regarding Recipe



## oompappy (Mar 23, 2006)

Not sure if you can patent the sauce but you can copywrite / patent things like the name, label design, bottle shape, etc.


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## ScottyDaQ (Mar 23, 2006)

I don't know ... and will leave you with this... This is something you need to speak to a Lawyer about. .... no matter what anyone says. This type of stuff,  is NOT something that should be asked ... or answered on a public internet forum.
(no offense Greg)


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## Finney (Mar 23, 2006)

Jo-Cat said:
			
		

> If one of my non-scratch Ingredients is Worchester sauce can I still patent my sauce?
> 
> Thank Ya Thank Ya Thank Ya



What you could do is make you own Worchester sauce and then just list the ingredients.

But, actually I think you could anyway.  Worchester sauce is a old recipe and many companies bottle it.


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## zilla (Mar 23, 2006)

TexLaw was talking about this type of thing last Saturday at the Gator Pit cookoff. Shoot him a PM and have a chat.


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## jminion1 (Mar 23, 2006)

If you are going to produce a sauce or rub and have it commercially produced you sign a confidentiality agreement with the company that makes it for you.  I don't know of getting patents on food. As an example there a number different companies make Worchester Sauce but the recipes are different, none have a patent on the sauce. The fact you use someone elses product would create problems for you to get a patent. 
Jim
PS: worchester can be had in a it's powder form, it will cost you less than buying it in a bottled form.


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## txpgapro (Mar 23, 2006)

I always thought it was "Worchestershire" sauce.


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## Woodman1 (Mar 24, 2006)

You cannot patent a "recipe" or "formula." This is why company's keep them under "lock and key."  It doesn't matter if it is for a rub, sauce, rubber compound, or explosive. Woody


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## Finney (Mar 24, 2006)

I think you can TradeMark them though.

Harley has a TradeMark on the "Sound" of a Harley.


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## Woodman1 (Mar 24, 2006)

Yeah, try and prove _that_ one in court! If you trademark a recipe, that still doesn't stoip people from copying it! You just cannot _say_ you are copying it.


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## Finney (Mar 24, 2006)

Thanks Woodlawyer. #-o


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## Bruce B (Mar 24, 2006)

It's a copyright issue, from my understanding, you can not copyright the ingredient list of a recipe, however, you may copyright the description of the process of making the recipe.

There was a fairly big discussion of this recently on another forum involving drbbq's book, and this seemed to be the consensus of opinion.

Trademarks have to do with brand names or "nicknames" of products, i.e. Weedeater, Nike Swoosh design, etc.

1. Patent law - protects inventions that are novel, useful, and nonobvious by granting its owner the right to exclude others from making, using, or selling the claimed invention.
2. Copyright law - protects authors of creative works such as books, movies, art from any unauthorized copying, reproduction or distribution of their work. Protects only the expression and not the idea of the work.
3. Trademark law - protects the name or mark associated with the product to which they are attached. A trademark is any word, name, symbol, color or sound that is adopted and used by a company to identify its goods and distinguish them from those manufactured or sold by others. Service mark is the same as a trademark but identifies a service and not a product.


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## K Kruger (Mar 24, 2006)

Bruce is correct. Ingredient lists cannot  be copyrighted nor can procedures. The terms one uses to describe the procedures and any commentary one uses to describe the recipe is copyrightable.

"Worcestershire" sauce is generic. It can be listed as an ingredient but whether or not you do is relative to the ratio of its quantity compared to the rest of the ingredients (by weight or volume depending on the nature of the item). To avoid potential legal issues (and/or to hide the fact that it's included) most manufacturers list the individual Worcestershire sauce ingredients in their ingredient list instead. This is also frequently the case  with sauces and condiments that include ketchup, prepared mustard and other similar mixtures as one or more of the ingredients in the sauce.


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## Captain Morgan (Mar 24, 2006)

Exactly...which is why there is Lea and Perrins Woos sauce, French's woos sauce, etc.


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