In May of this year, with the opening of Manhattan's new cocktail lounge, Painkiller, the trademark issue of cocktail recipes rose again. If the bar does not stop using the painkiller cocktail formula, the bar will be threatened with a stop and termination order or ban. Painkiller's formula was trademarked by Pussers around 1989, and Pussers is a Naval Certified Rum Distillation Company based in the British Virgin Islands. In addition to stopping the use of the Painkiller cocktail formula, the bar had to be renamed. This threat has been largely ignored, and the bearers of these good news have disappeared from the promise.
History shows that once they are in the public domain and are readily available, it is impossible to prevent others from using cocktail recipes. A cited case is the so-called trademark of a cocktail recipe involving Dark Storm. A legitimate citizen will tell you that a cocktail recipe will become a public property at some point in the public domain. The real question is when did this happen?
The cocktail bar industry is a huge industry and everyone wants to share action. Eben Freeman, the creator of the legendary smoked coke and solid cocktails, urges that the only way to protect intellectual property is to safely protect your cocktail recipes. The only problem is that it faces the idea of sharing many, if not most, bar cultures and encouragement.
Recently, at a meeting in New Orleans, Freeman led a seminar on the protection of intellectual property. Freeman participated in a panel discussion with representatives of the Trademark Office and lawyers who focused on the hospitality industry as a whole. The group discussed the thorny issues of the bartender's intellectual property and who is free to use it.
Freeman publicly admitted to a source that his motivation for attending the seminar was his deteriorating sense of being used by others, gaining credibility and profit from his cocktail recipes. An example cited by Freeman is the fat wash, a technique in which the spirit can inject another substance such as bacon. This concept was developed by Freeman in collaboration with others, however, it is often claimed or at least attributed to others by others. Freeman is very strong on this topic, he was quoted by a source as saying "someone needs to sue to create a precedent"
He also quoted a sentence: "Without other creative businesses, you can easily identify the money that comes with your creative property," Freeman continued. "Our intellectual property has an implicit business relationship. But we are less protected than anyone else."
So, after considering all of this, the problem remains to be solved, is the cocktail party protected by copyright? It seems that the answer is no. While it is possible to protect the publication of cocktail recipes, the idea behind cocktail recipes is impossible. For the same reason, for example, during live performances, musicians cannot issue lawsuits against other musician songs. Many bartenders like to pass on their cocktail recipes verbally rather than releasing them to protect their intellectual property.
According to Freeman, part of the problem has historically been the habit of using bartenders and bartenders as brand ambassadors. This is a liquor company that hires a personal bartender or bartender as the spokesperson for its brand image. In this case, the ambassador is expected to promote the brand as a strong advocate and create a signature cocktail recipe using the main product line.
The biggest problem today is that it has become so common that alcohol companies have been using virtual unknown characters to act as their brand ambassadors. This means that these inexperienced young bartenders have no experience at all to effectively create their own signature cocktail recipes. For those inexperienced brand ambassadors, the trend to adjust the well-known cocktail recipes they collect from mentor or simple Google search has become a reality.
Freeman thinks this is too much and cites "the brand ambassador is destroying it", I don't have to tell you the celebrity chef's entire culture and how many people want to get involved. In any other creative area, you can't find someone who can easily insert a scene. There is no doubt that this is a disturbing trend. "
The biggest problem seems to be that the bartender's career has been pursued for life, then craftsmen, and short-term work ideas that are filled in the short term. The end result is a large-scale alcoholic company that claims to be a bartender expert and a cocktail recipe blogger who accepts a lot of breadcrumbs to replace it. Everyone wants a big soul industrialist. So while Freeman urged bartenders to better protect their cocktail recipes, in the face of industry-emphasized principles, through special invitations to promote sharing, sharing ideas and having bartenders take care of the moon in other bars. For Painkiller owners, they chose to simply avoid intellectual property issues by placing their tags on their website to view intellectual property. As for Freeman, a source quoted him as saying that he thought it was not a good idea.
Orignal From: Cocktail Recipe - Intellectual Property Debate
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