Question

Topic: Copywriting

Copywriting My Logo, Label, And Design

Posted by Anonymous on 3/4/2011 at 12:37 AM ET 250 Points
I am in the early stages of attempting to produce and market my own brand of BBQ Sauce. As saturated as this market is, I as well as hundreds of others feel that after over 2 years of trial and error, I have come up with something that aside from the fact that it is a BBQ Sauce, is a very unique blend of BBQ styles from over 20 years of eating BBQ foods and sauces from literally every state in the lower 48!

My sauce recipe contains no added salts (actually no salt products at all), no added preservatives, and uses only fresh ground spices and seasonings blended with the ketchup and molasses base.

I have entered a couple local contests and took 1st place in a "sauce only" contest, (all amateurs like myself) and most recently, a BBQ Rib Cook-Off which included 4 amateurs and 2 professional BBQ teams with years of experience in catering and competing. I took 2nd place at this one and plan on attending many more to continue to improve.

I have NO desire to open a restaurant but am fully intent on starting my own BBQ catering company.

I am wanting to know how to go about not only getting copyright protection for my designs, logos, slogans, etc. but I also need to know how to protect my recipe.

This is my first time posting here so hopefully it lives up to standards.

Thank you!
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RESPONSES

  • Posted on 3/4/2011 at 2:39 AM Accepted
    I am not a lawyer and this is not legal advice.

    The questions you're asking are good ones and should be directed at experienced legal counsel.

    What you have to understand, however, is that enforcing a trademark or copyright will be up to you, and it's usually very expensive.

    When you find someone infringing on your rights, it's up to YOU (and your attorney) to get them to stop. You will have to prove damages (or potential damages), and that's not easy either. (I've testified as an expert witness in cases like this, and can vouch for this first-hand.)

    Net: You SHOULD protect your rights by getting a good lawyer, but don't make yourself crazy with the protection stuff because it usually costs more to enforce your rights than it is worth.

    I am not a lawyer and this is not legal advice.
  • Posted by Jay Hamilton-Roth on 3/4/2011 at 8:50 AM Member
    As for copyrighting your recipe:

    https://www.copyright.gov/fls/fl122.html
    https://smallbusiness.findlaw.com/copyright/copyright-realworld/recipe-copy...
    https://www.linkedin.com/answers/law-legal/corporate-law/intellectual-prope...
  • Posted on 3/5/2011 at 2:53 PM Accepted
    If you haven't already, read the articles linked by Jay Hamilton-Roth in his response. You are clearly not the first person to deal with protecting a recipe.

    The short answer seems to be, "you can't" -- at least from a practical standpoint. You're better off keeping the recipe as a trade secret.

    I'm still not a lawyer and this is not legal advice."
  • Posted on 3/14/2011 at 5:44 PM Accepted
    Your recipe, like Coca Cola, will always be secret - no one will know the exact quantities and ingredients but you. There is probably no need to worry about that.

    If someone tries to copy your designs or logo, then they are liable to 'passing off' their product as yours and they are open to legal action.

    A lawyer will give you plenty of advice, most of it designed to increase his work at your expense. Most people worry about the legal aspects of creating a product, but that is the least of your worries. Your main objective should be how to market the product successfuly -- that is where your business could fail.

    Peter
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