Copyright, Trademark, and Patents for Bars, Brands, and Booze Recipes
July 27, 2017
My second story for the new industry-facing site Daily.SevenFifty.com is up!
For this one, I covered a Tales of the Cocktail seminar called Intellectual Property Law Issues in Cocktail Land. It was lead by Trademark Attorney and Hemingway enthusiast Philip Greene, along with John Mason, a lawyer with Copyright Counselors, Steffin Oghene of Absolut Elyx, and Andrew Friedman of Liberty in Seattle.
It clarified the basic definitions of copyright, trademark, and patents, and there were tons of interesting examples - including the Curious Case of the Copper Pineapple!
The seminar description was:
If I make a Dark ‘n’ Stormy, do I have to use Gosling’s Black Seal Rum? What about the Painkiller, will Pusser’s Rum sue me if I use another brand? What about those iconic (and sometimes poorly made) New Orleans classics, the Sazerac, Hurricane and the Hand Grenade, will I get a cease and desist letter from anyone if I make them at my bar claiming trademark infringement? I keep hearing about Havana Club becoming available again from Cuba, but didn’t I also hear that Bacardi is planning to market their own Havana Club? What’s up with that? And speaking of Bacardi, didn’t they sue bars and restaurants back in the 1930s because those establishments failed to use Bacardi Rum in the drink? Is that true, and how did that turn out? Did I hear correctly that Peychaud's Bitters was the center of a trademark dispute way back in the 1890s, with the same family that founded Commander's Palace? And if I create a great drink and give it an awesome name, can I patent or copyright the recipe, and trademark the name? What if I get hired by a bar or restaurant to develop their beverage program, will they own the rights to the drinks that I invented or can I retain ownership rights in the recipes and names? Join the one veteran Tales presenter who is uniquely qualified to moderate this topic, Philip Greene, intellectual property and Internet attorney by day Trademark Counsel for the U.S. Marine Corps) and cocktail historian on the side (co-founder of the Museum of the American Cocktail and author of two cocktail books, To Have and Have Another: A Hemingway Cocktail Companion and The Manhattan: The Story of the First Modern Cocktail, in an in-depth, informative and fun seminar, and learn how to make (and enjoy samples of) some of these contentious classics while discussing this highly intellectual topic!
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