A “Half-Baked” Attempt to Trademark Flavor Leaves Bitter Taste in Plaintiff’s Mouth

Overview


Robert Zelnick agreed with a New York judge who disallowed a restaurant’s claims that its food flavors could receive trademark protection. “I was surprised to see that the plaintiff was alleging a trademark right to flavors of some well-known dishes. It’s hard to imagine how a subtle variation in a recipe for any of those dishes could be protected as a trademark,” Mr. Zelnick said, adding: “Flavor trademarks are analogous to color trademarks in fashion. We wear clothes to keep us warm, but we buy what we buy because of what it looks like.”