Everything within a restaurant is the dream, taste , flavor and intellectual property of the owner and/or head chef. This offers an interesting way of looking at how to best protect the intelectual property of a restauraunt considering all of the internal moving parts like menus and dishes that deserve the same protection as the brand and name of the restaurant.
This article gives us a great look at some ideas that might just help!
Creativity plays a huge role in growing a restaurant business, but
restaurant owners often fail to protect their intellectual property. As
restaurants diversify advertising and marketing through digital and
social-media platforms, now’s the time to protect your
intellectual-property assets. This strategy adds value and strength to
your brand and can help stave off the competition.
- Names: The basic ingredient. A restaurant’s name is a
valuable asset that can have associated trademark rights. Consider
distinctive names when naming your restaurant. Calling your restaurant
“Michael’s” after your founder or chef, for example, creates a name
that’s virtually impossible to protect. The best names are arbitrary or
fanciful. If you are a restaurant chain or nationwide business, a strong
trademark with a federal registration is mandatory. If you are a local
restaurant, at a minimum, do a comprehensive trademark search and avoid
choosing a name similar to that of any known competitor.
- Menus: So many choices. Consider creating signature
names for your dishes instead of using generic descriptions like
“mushroom cheeseburger” or “veal scaloppini.” Special names can be
protected as trademarks and build value for a restaurant’s owners. If
your menu creatively combines photographs, illustrations, images, or
unique descriptions of menu items, you can protect those elements too.
That way, if you find a restaurant on the West Coast that has copied the
menu in your restaurant on the East Coast, you can use copyright law to
stop the infringement without having to prove that anyone was confused
by the similar menus.
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