Activity: Alex the Chef
Let’s think about Alex the chef once again.
Having learned how the various forms of IP can either intersect or exclude each other, let us re-examine the different forms of IP that Alex might consider in her overall IP strategy.
Alex is especially proud of a new cooking technique she developed for using dry ice and lemons to create a unique texture and taste for cooked vegetables. She would like to ensure that no one is able to reproduce her process without her permission.
Alex is writing a cookbook that will include her best and most popular recipes. She knows that she will have copyright in the cookbook.
However, if Alex proceeds to publication, what other form of IP does she risk losing and what are some considerations she should bear in mind before publishing all of her recipes?
Alex will have to think strategically about which recipes to include and the costs and benefits of full disclosure of all her recipes in her book.
Alex might consider a hybrid strategy in which she would choose not to publish her very special recipes in order to keep her competitive advantage. She could then maintain confidential information/trade secret protection over the unpublished recipes.
Alex is considering selling some of her special sauces at her restaurant. Her restaurant is called Bobo and she wants the sauces to be called Bobo Blends.
In addition to trademark protection for the name of the restaurant and the name of the sauces, what other form of IP might Alex consider?
Alex has designed special bottles for Bobo Blends sauces. These long and thin bottles resemble the shape of carrots.