Luscious, but lame
I often find myself having to explain to clients that the first person to invent something that creates a wholly new category doesn't also get to protect the name of the invention. My favorite example is cookie dough ice cream - great idea, but the company that first created the taste sensation may not prohibit its competitors from calling their products by that name.
Moreover, under US trademark law, abbreviations for descriptive or generic terms are not entitled to trademark protection. For example, "TV" is no more protectable than "television," and "BLT" no more protectable than "bacon, lettuce and tomato." (Mmm . . . bacon . . . )
That's apparently not the case in France. One of the finest culinary joys you can experience in France is in the candy department: caramel au beurre salé , or in English, salted butter caramel. The caramel can be found all over France, not only in the form of candies, but also as an ice cream flavor or filling for a pastry (try the Aoki tarte featured here).
Self-styled "caramelier" and chocolatier Henri Le Roux claims to have created the delicious substance back in 1977. But he took the creation a step further, and sought and received trademark protection for the mark "CBS" to cover "Chocolats, glaces comestibles, crêpes, biscuiterie, gâteaux, sucreries, à base de caramel au beurre salé." Let's just say that that wouldn't fly at all here in the US, and it's a reminder that every country's laws regarding trademark protection vary.
Nonetheless, bravo, Henri: Keep the caramel coming even though you're overreaching on the trademark front!
H/t David Lebovitz
Moreover, under US trademark law, abbreviations for descriptive or generic terms are not entitled to trademark protection. For example, "TV" is no more protectable than "television," and "BLT" no more protectable than "bacon, lettuce and tomato." (Mmm . . . bacon . . . )
That's apparently not the case in France. One of the finest culinary joys you can experience in France is in the candy department: caramel au beurre salé , or in English, salted butter caramel. The caramel can be found all over France, not only in the form of candies, but also as an ice cream flavor or filling for a pastry (try the Aoki tarte featured here).
Self-styled "caramelier" and chocolatier Henri Le Roux claims to have created the delicious substance back in 1977. But he took the creation a step further, and sought and received trademark protection for the mark "CBS" to cover "Chocolats, glaces comestibles, crêpes, biscuiterie, gâteaux, sucreries, à base de caramel au beurre salé." Let's just say that that wouldn't fly at all here in the US, and it's a reminder that every country's laws regarding trademark protection vary.
Nonetheless, bravo, Henri: Keep the caramel coming even though you're overreaching on the trademark front!
H/t David Lebovitz
Posted by Jessica Stone Levy at 12/8/2009 7:49 AM 
Categories: Food, Fair Use, Francophilia/-phonia, Prosecution, Trademarks
Categories: Food, Fair Use, Francophilia/-phonia, Prosecution, Trademarks
Jessica,
How about Honey Baked Ham? That was protected. The key is to have two names for a new category -- the zippy one, e.g., Scotch Tape, the boring one "sticky tape." The originator gets to choose.
Initials of generic terms are entitled to protection if they are not generally known or used as a substitute for a generic name.
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Yeah, but Honey Baked Ham is crappy - tell me what the category for that one is? And I don't mind initials if they're not generally known, but as far as I'm concerned CBS is pretty darn logical and a lot quicker to say than "caramel au beurre sale" - and the faster you can say it, the quicker you'll be tasting that salty caramel goodness!
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