In: Economics
Rocky created a special recipe for a barbeque sauce that he
calls the “Fire Starter.”
Rocky sent the recipe to Big Foods, a company that sells barbeque
sauce, in hopes of working out a partnership with Big Foods. Big
Foods did like the barbeque sauce and introduced it under a new
name without compensating Rocky. What best describes the
situation?
Offering customers something they cannot find anywhere else is
one of the best ways to entice consumers, but some restaurateurs
and chefs may not realize that their "one-of-a-kind" recipes may
not stay that way unless they have legal protection. That's where
phrases like "trade secrets" or "our proprietary formula" come into
play according to the law.
The simple answer, without taking proper precautions, is usually
'Nothing,'"
So rocky cannot do anything because his recipe is not patented according to the law.
Rocky, however, could be proactive when it comes to protecting his recipes and products by following the law. Although many individuals may use the word "proprietary" when describing recipes and products, unless they have legally secured the rights. Otherwise their recipes are not actually protected.
Specifically, some legal options may include:
1.Claiming the use of of Trade Secrets.
2. Having employees sign contracts.
3. Applying for copyrights.
4. Or trademarking a name.