"Norberto Colón Lorenzana recently filed a lawsuit against South American Restaurant Corporation (SARCO) claiming it stole his idea for a chicken sandwich recipe. He lost. Colón was working at SARCO, an operator of Church’s Chicken locations in Puerto Rico, when he developed a concept for a new chicken sandwich. The company then performed taste tests with this original idea in mind, and the result was a new menu item that Colón called the “Pechu Sandwich.” Years later, SARCO decided to protect themselves by trademarking the name... In explaining the court’s decision, Chief Judge Howard listed the eight categories of intellectual property that qualify for copyright protection: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. Not surprisingly, “chicken sandwich” does not fall under any of these categories. Howard said a recipe is simply a list of “functional directions to achieve a result,” and does not qualify for copyright protection. This particular recipe listed fried chicken, lettuce, tomato, cheese, and mayo."
Monday, August 31, 2015
This man found out the hard way that you can’t copyright a chicken sandwich; Fortune, 8/25/15
Michael Addady, Fortune; This man found out the hard way that you can’t copyright a chicken sandwich: