Corporate Takeover

Yesterday I received the following email:

Dear Sir or Madam:

I am contacting you on behalf of a client with regards to a recipe that they are interested in featuring as a menu item. I'm hoping you might be able to point me in the right direction as to whom I might speak to regarding this matter.

The recipe is XXXXXXXXXXXX, an award-winning recipe created by Haddock in the XXXXXXXX Festival

My client would like permission to:

• use the Festival / Contest name in menus, on its website, possibly on television, and in other promotional materials;
• commercialize the recipe, offering it as a menu item on its menu
• make tweaks to the recipe, for example, to adapt them for commercialization in a 500-unit casual dining restaurant chain
• reproduce the text of the recipe in promotional materials

In exchange for the permissions set out above, the client can offer to provide free publicity for the Festival / Contest Organizer and Creator of the recipe.

I hope you will contact me at your earliest convenience to discuss this matter further. I appreciate your time and consideration.

Free publicity?

Free publicity?

I think I have all the free publicity I might need if a 500 unit casual dining chain wants to feature my recipe. 500 units is a lot. That’s TGI Friday’s and Chipotle sized. Chili’s is something like 650 units. That’s a lot of restaurants. And they’re offering free publicity?

I don’t think so.

The email was from a company specializing in IP acquisition. I sent an email and got an out of office due to illness reply. We’ll see what today brings.

As a young musician I worried about selling out. You know, wanting to be a rock star, but with creative control, not dishing out the corporate rock. As a chef I want my food to have integrity, a sense of place and purpose. As an owner, I want to pay the bills. As a father I want financial security for my family.

The old joke goes- Man turns to the elegant society lady at a dinner party and says, “Would you go to bed with me for $100,000?” She says after a pause, “Yes, I would.” He asks, “Will you go to bed with me for $100?” She blanches and says, “What sort of person do you think I am?” To which he replies, “We’ve established what sort of person you are. Now we’re just negotiating price.” So the question is; what sort of person am I and what’s my price?

There is no way this recipe can be produced on a mass scale and still be good. By its very nature it’s a small batch production. The “tweaks” they would need to do to make it suitable for a 500 unit chain would destroy what makes it special. This isn’t me being protective of my creation, it’s just the truth. Some things scale up for mass production, and some things don’t. This doesn’t. So once I let someone else use the name, the recipe, what have you they will destroy the value it has to my restaurant.

 What’s that worth?

 What if the “client” is some horrific behemoth that I would be mortally ashamed of being associated with? How could I hope to instill my morals, world view and values in my son, if I can be easily bought. When Rick Bayless did his shtick with Burger King, I was a little grossed-out. Not that I know him or really care what he does, but seeing the former chair of the Chef’s Collaborative shilling for Burger King made me a ill.

The GM accuses me of being an idealist. I am. I also wouldn’t mind having my bills paid.

Anyone know a good IP lawyer?

Comments

[Jennifer Jeffrey]

This is a pretty common request. I'm not sure why these groups even to to the trouble of asking permission, as they could simply tweak a recipe and call it their own. There is never any financial consideration, so you won't have to ponder too long over selling out, at least not to these guys - all they offer is supposed "publicity," which makes the choice quite simple.

[NS]

Well, I'm an IP lawyer, but I'm on the litigation side -- not transactional. So, give me a call once you've made the deal and a dispute arises!

It seems to me that the most important asset you have is your reputation, so wanting to make sure that your name is not attached to some pale imitation of your dish being served at some second-rate chain is not idealistic in the least. If the only thing that they're offering is publicity, then you obviously want to make sure that it's good publicity -- which you can only guarantee by (a) finding out in advance which chain is interested and (b) having the right to taste the "commercialized" version and nix the deal if it's not up to your standards.

Even if you want your name kept away from their rendition, though, it might be worth considering a deal if they're willing to pay you money for the dish instead. From what Jennifer says above, however, this sounds unlikely.

[johng]

tweak = add lots of bread crumbs.

yuck.

[Dr. Biggles]

Yeah, ya know I like the part where your family will love you whether you miss a bill or not anyhoo.

I liked your award winning recipe just the way it was. On your table, delivered by your staff with smiles and care. All this at an oasis in the middle of paradise.

Let them know Biggles has a recipe for them. Five on the right and a quick five on the left they won't see coming.

Me