You Cannot Own a Recipe: Food, Beverage, and Restaurant Intellectual Property
By Casey Scott McKay ·
A recipe is a list of ingredients and a set of directions, and neither is protectable, which is why the food industry runs on secrecy, brands, and contracts instead. This article explains what actually protects a food or beverage business. It works the copyright position on recipes and cookbooks, trade secret protection for formulas and the disclosure problem that co-packing creates, and the trademark and trade dress framework that Two Pesos established for restaurants. It then covers packaging trade dress and functionality, the labelling regime that constrains what a brand may say, false advertising exposure after POM Wonderful, geographic indications and certification marks, and the franchise risk that expansion creates.
IP and Technology > Trademarks | Article | Published 19 December 2025 - Updated 28 February 2026 | Casey Scott McKay - marksy.us
Summary. A recipe is a list of ingredients and a set of directions, and neither is protectable, which is why the food industry runs on secrecy, brands, and contracts instead. This article explains what actually protects a food or beverage business. It works the copyright position on recipes and cookbooks, trade secret protection for formulas and the disclosure problem that co-packing creates, and the trademark and trade dress framework that Two Pesos established for restaurants. It then covers packaging trade dress and functionality, the labelling regime that constrains what a brand may say, false advertising exposure after POM Wonderful, geographic indications and certification marks, and the franchise risk that expansion creates.
Keywords: recipe copyright · functional matter · Publications International v Meredith · trade secret formulas · restaurant trade dress · Two Pesos · product configuration · TrafFix functionality · food packaging trade dress · label regulation · statement of identity · natural claims · false advertising · POM Wonderful · geographic indications · certification marks · menu and dish names · franchise risk · supplier and co-packer terms · plating and presentation
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