https://www.overlawyered.com/2010/09/bad-idea-of-the-day-copyrighting-cocktails/ Chronicling the high cost of our legal system Mon, 06 Sep 2010 23:32:35 +0000 hourly 1 https://www.overlawyered.com/2010/09/bad-idea-of-the-day-copyrighting-cocktails/comment-page-1/#comment-100246 Mon, 06 Sep 2010 23:32:35 +0000 http://overlawyered.com/?p=19125#comment-100246 It’s well established that recipes (the ingredients that go into them and the basic set of steps followed) are not copyrightable. There are no non-functional elements. Of course you can trademark the name and copyright any particular description of how to make a particular cocktail.

]]> https://www.overlawyered.com/2010/09/bad-idea-of-the-day-copyrighting-cocktails/comment-page-1/#comment-100110 Sat, 04 Sep 2010 18:07:55 +0000 http://overlawyered.com/?p=19125#comment-100110 You can probably trademark the name you give it as well.

]]> https://www.overlawyered.com/2010/09/bad-idea-of-the-day-copyrighting-cocktails/comment-page-1/#comment-100100 Sat, 04 Sep 2010 15:07:24 +0000 http://overlawyered.com/?p=19125#comment-100100 Patent law rather than copyright would be the correct form of intellectual property protection for a mixed drink (if it were truly new and non-obvious, and that is a BIG IF). Copyright would protect the copying of a book or pamplet containing drink recipes, but not the drinks themselves.

]]> https://www.overlawyered.com/2010/09/bad-idea-of-the-day-copyrighting-cocktails/comment-page-1/#comment-100050 Sat, 04 Sep 2010 02:35:22 +0000 http://overlawyered.com/?p=19125#comment-100050 This probably comes from the same crowd that want design patents on fashion. I understand that they spend a lot of time at cocktail parties.

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