Legal Question in Intellectual Property in Illinois
Using others recipes for my own.
I want to start a cookie baking business. I do not use my own recipes. I use recipes from books and/or recipes found on products such as Nestle Chocolate Chips and Quaker Oatmeal. Will this cause a legal issue?
1 Answer from Attorneys
Re: Using others recipes for my own.
Generally, no. Recipes can be protected as trade secrets if they are not made public. Recipes can also be copyrighted. (In fact, the Copyright Office discusses recipes in its FAQ--look at www.copyright.gov)
However, the copyright in a recipe extends to the wording of the recipe itself, and not to the ingredients or the process. Someone who merely uses the recipe and who does not unlawfully copy or distribute it should not be viewed as an infringer.
There may be an additional issue if the cookies are identified under another company's trademark (e.g., Mary's OREO Cookies)--this could constitute trademark infringement/false affiliation.
NOTE: This response was provided for general informational purposes only, and does not constitute legal advice for your particular situation. You should consult with legal counsel for advice. No attorney-client relationship is established by virtue of this exchange.
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