©iStockphoto.com/Warchi

This is part of a continuing series of posts about how to keep it legal while blogging.

There’s a new message in your inbox from someone you don’t know. The message is titled “Trademark Infringement.” It looks like spam but you are not sure. You open it and promptly have a panic attack.

I am the owner of ____, the name and the trademark. You do need
permission to use this name. I am sure this is probably an oversight, but
please do change the name on your website by ____ to avoid
legal action, as this is a trademarked name. Please let me
know if you have any questions. Thank you for your cooperation.

What is a trademark? Our guest blogger today, Sarah Dares, shares with you the ins and outs of trademark infringement.

Welcome Sarah to La Phemme Phoodie!

Lots of people throw around legal terms without knowing their real meaning and some of the worst are from a group of protections known as Intellectual Property. IP includes Trademarks, Patents, Copyrights, and Trade Secrets. Each area offers different types of protection for different things, but can be easily confused. Generally, patents provide a limited term of protection for inventions, copyrights protect works of authorship, and trade secrets protect whatever it is the owner wants to keep secret.

“Trademark” is used to refer to almost any kind of mark used on goods and services, although “service mark” can be used for the second type. Trademarks identify the source of goods or services, distinguishing them, and indicating value and image. They can be a word, phrase, design, or a combination of those elements.

Federal registration is not necessary for protection, but does offer several advantages. Registered trademarks are considered incontestable after 5 years of registration, can be used for registration in a foreign country, can be protected nation-wide, and, most importantly, allow the owner to use the ® symbol. All other, non-federally registered trademarks can use ^TM or ^SM depending on whether the mark is for goods or services.

Trademark rights can only be acquired by using them – meaning, you will not be able to protect a mark without proving use. So, no, you cannot file an application for “Blue Ivy Bottles” in the hopes that Beyoncé and Jay Z send a check your way. Trademarks do not expire, so long as they are still being used in commerce.

Once an application is filed, you can expect it to be examined in about 6-10 months. The examiner will then either allow it to proceed to publication, or issue an office action. The office action might require clarification of the goods or services, or reject the application based on similar marks. The applicant can then respond to the examiner with amendments or arguments. You could do this by yourself, but it’s highly recommended that you use an attorney for this process – yes, attorneys charge by the hour, but it will be money well spent.

Once the application publishes, other parties can examine it and raise their own objections to its registration. The applicant is able to respond to these as well.

The process can be confusing, but the US Patent and Trademark Office offers a wealth of educational materials – these are your tax dollars at work, so use them!

*Sarah Galbraith is a food-loving, photo-taking, world-traveling, city-living, fashion-fascinated, Intellectual Property attorney from Philadelphia.

Related Link:

Recipe Attribution: The Debate Rages On

Are you dealing with trademark infringement issues? Were you able to resolve it without litigation?

Hummus is something I only recently became obsessed with. For the longest time I thought it looked kind of gross and mushy. I couldn’t imagine that it would taste good on or in anything. I can’t remember exactly when I tried it. I think it was in a wrap, cleverly disguised among the rest of the ingredients. Realizing that it wasn’t as nasty as I thought it would be, I decided to do a dip test. Now, I dip so much stuff into a bowl of hummus that my dipper serves solely as a vehicle to the hummus.

This month, through the Secret Recipe Club, I was assigned the blog The Tasty Cheapskate. I was immediately intrigued by her Cheap Eat Challenge. The goal was to feed her family on $6.00 a day. One of the recipes she featured in this series was her Lemon Garlic Hummus. Knowing that I did not have to run out to buy an extensive amount of ingredients was a real treat. I also got the chance to make one of my favorite appetizers. Score!

I made a double batch because I knew the first batch would be gone before the photos were even processed. I know that hummus is healthy when made with the right ingredients but the mass quantities that I consume are certainly not what one would consider a normal serving.

This recipe is incredibly easy. It’s definitely going into my rotation. Enjoy!

Lemon Garlic Hummus from The Tasty Cheapskate

Lemon Garlic Hummus: The Tasty Cheapskate

Yield: 4

Prep Time: 10 minutes

Cook Time: N/A

Total Time: 10 minutes

Ingredients:

1 can chick peas, drained and rinsed (or about 1 1/2 C rehydrated chick peas)
3 Tbsp lemon juice
2-3 Tbsp sesame tahini
1/4 C olive oil
1 clove garlic
1/2 tsp salt

Directions:

Blend it all up in a blender or food processor. Serve on crackers or cut vegetables.

Recipe Source: Lemon Garlic Hummus: The Tasty Cheapskate

The one thing I managed to do this past summer was stock up on fresh fruit. My soul motivation was to be able to reach into my pantry as the chill hit the air to get a little taste of summer. The fruit made its way into several canning projects including strawberry balsamic jam and baked goods like my orange raspberry muffins. When cherry season rolled around I wanted to switch it up a bit.

Put ‘em Up, by Sherri Brooks Vinton, has several cherry recipes I was eager to try. With an eye towards homemade gifts for Christmas, I decided to make her Drunken Cherries. I let word slip out that I made them and I barely had enough on hand when Christmas rolled around.

As Sherri indicates in her book, the cherries are phenomenal over ice cream or as an extra special ingredient in a Manhattan. I decided to dress up a basic cheesecake recipe. There is no need to use an extravagant recipe. The cherries bring an incredible sweet bite to the cake.

I realize that if you live in the United States you are probably knee deep in winter and unlikely to find a surplus of cherries in your area. Take a moment and bookmark this recipe. A little planning will go a long way. You’ll be so happy to have this sweet little concoction in your pantry come this time next year.

I was a little overzealous with this experiment. The cheesecake recipe I used did not call for a mini tart pan. I wanted something cute and little so I decided to experiment. Lesson learned. The mini tart pan I used was not ideal for the texture and density of a mini graham cracker crumb base. Next time I’ll stick with what the recipe called for and use a regular sized tart pan or spring form pan instead.

Right before I decided to play around with creating a recipe for the filling I did a quick search for drunken cherry desserts and found the perfect recipe for a drunken cherry topping/filling on Local Kitchen. I’m so glad I took a minute to do a search because the filling is a perfect compliment to the cake.

No Bake Cheesecake recipe from Joy of Baking

Drunken Cherry Topping/Filling recipe from Local Kitchen

This is the first in a continuing series of posts about how to keep it legal while blogging.

When someone copies a recipe word for word and fails to provide credit for the source it is pretty easy to accuse them of not providing the proper attribution. The line becomes blurred with a tweak here and there. When does a recipe become your own? What is the proper way to credit a source?

Well, let me see if I can help you figure it out.

From a legal standpoint, the expression or language of a recipe is what is copyrighted, not the ingredients or method.

From a blogger standpoint, it is generally appropriate to acknowledge the source of your adaptation or inspiration whether it is protected by copyright law or not. To be honest, I’m not sure that I have complied to date with what I have set forth below. When I started out I had no idea how I should credit a recipe. Now that I know, my intention is to comply from here on out.

Let’s start with the basics. A copyright protects “original works of authorship.” A “work of authorship” includes literary, written, dramatic, artistic, musical and certain other types of works. Copyrights are different from patents, which protect inventions. Copyrights are different from trademarks, which identify the source of goods and services, i.e logos and brand names.

The U. S. Copyright Office states the following:

Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.

Only original works of authorship are protected by copyright. “Original” means that an author produced a work by his or her own intellectual effort instead of copying it from an existing work.

In general, the copyright belongs to the creator of the work. If the work is a joint work, then the law assumes that each creator owns an equal share in the copyright unless there is a signed, written agreement that states otherwise. A copyright owner has the right to produce the copyrighted work in copies. A copyright owner can also license the use of the copyright in his or her works. Basically, the copyright owner retains ownership but lets someone else use the works.

Registration of the copyright is not required for protection. The copyright exists as soon as the work is created; however, you must register your copyright in order to sue someone for copyright infringement.

Is your head spinning yet? Have your eyes glazed over? Take a deep breath and keep reading. Here is how I interpret what is detailed above.

There are basically three different ways to note the source of a recipe which are as follows:

1.) “Adapted from” – where you are only making a few changes to the recipe. The recipe is recognizable as having been created by the copyright holder.

2.) “Inspired by” – where you make more than a few changes and the recipe becomes unrecognizable but you used their recipe in the creative process.

3.) Your own creation – no citation needed.

Play it safe. Just because it is not illegal doesn’t mean it is okay. If you want to establish respect among your peers provide credit where credit is due. As David Lebovitz pointed out in his extensive post about this issue, “When in doubt, always give attribution.” Cite your source and link back to the original work.

Let me know what you think about my interpretation. Do you feel bloggers should do more to give proper attribution or do you feel bloggers are too sensitive about how recipes are attributed?

Related Links:

Recipe Attribution: (Food Blog Alliance)

Adjusting a Recipe Doesn’t Make it Yours: (Will Write for Food)

Know Your Digital Rights – Recipe Copyright: (Saving for Someday)

Disclosure: While I am a lawyer, I am not offering legal advice. Posts on legal matters are intended to provide legal information and do not create an attorney/client relationship.

Are you ready for this? Up until yesterday I had never tried Brussels sprouts. I wasn’t necessarily avoiding them but I wasn’t exactly dying to try them. I can’t believe I waited this long to try them. They are a wonderful leafy vegetable that is very versatile. My friend, Lisa at Jersey Girl Cooks, recently shared that her Brussels sprouts recipe was one of her most popular recipes last year, so I knew I must be missing something. Thanks Lisa for the inspiration!

Without knowing exactly how this veggie would adapt to different ingredients, I decided to try a basic recipe. I turned to one of my favorite sources, Ina Garten, to adapt something she had made. I used her recipe and added a few tweaks to boost up the flavor profile. A splash of balsamic vinegar along with a few roasted peppers transform this dish into my new favorite side.

Roasted Balsamic Brussels Sprouts

Yield: 6 servings

Prep Time: 10 minutes

Cook Time: 35-40 minutes

Total Time: 45-50 minutes

Basic ingredients like olive oil, salt and pepper can bring out the flavor of almost any vegetable. Brussels sprouts are no exception.

Ingredients:

1 1/2 pounds Brussels sprouts
3 tablespoons olive oil
3/4 teaspoon salt
1/2 teaspoon freshly ground black pepper
1-2 tablespoons balsamic vinegar
4 roasted red and yellow peppers, chopped

Directions:

Preheat oven to 400 degrees F.

Cut off the brown ends of the Brussels sprouts and pull off any yellow outer leaves. Mix them in a bowl with the olive oil, salt and pepper. Pour them on a sheet pan and roast for 35 to 40 minutes, until crisp on the outside and tender on the inside. Shake the pan from time to time to brown the sprouts evenly. Sprinkle with more kosher salt if desired. Toss with chopped peppers and 1-2 tablespoons of balsamic vinegar and serve immediately.

Recipe adapted from Ina Garten: Food Network

1.) Cheesecake Brownies (Gluten-Free)

2.) Grilled Peach Salad with Feta and Honey Balsamic Glaze

3.) Kahlua Fudge

4.) Strawberry Balsamic Jam

5.) Peanut Butter Brownies

6.) Peanut Butter Banana Bread with Reese’s Peanut Butter Cup Cream Cheese Glaze (Gluten-Free)

7.) Orange Raspberry Muffins (Gluten-Free)

8.) Pumpkin Nutella Pound Cake with Maple Pecan Glaze

9.) Spinach, Bacon and Blue Cheese Quiche

10.) One Ingredient Ice Cream

I must admit that my favorite post this year did not include a recipe. It was an homage to other food bloggers out there who can sympathize with everything on my list.

My favorite post: Top 10 Ways You Know You’re A Food Blogger. Here again for your viewing pleasure is my list:

10.) Your food goes cold while you get the “perfect” photo.

9.) When someone tells you the dish you made was good, you then pepper them with 20 questions about what they mean by good.

8.) Your wish list is full of kitchen gadgets.

7.) After taking a pretty good photo of your dish you then take 574 more just in case.

6.) You know all the major food holidays better than your friends’ birthdays.

5.) Buying cookbooks has made such a dent in your bank account that your family is considering an intervention.

4.) You plan your vacations around the food in that location.

3.) Friends and family roll their eyes when you take out your camera at the table.

2.) It would take 365 years to make all the recipes you have saved.

1.) You embrace the word foodie with wild abandon.

Hope you have a Happy New Year!

Our family likes to indulge in a little holiday merriment while opening our Christmas presents. That merriment usually comes in the form of sparkling wine or eggnog. Last year, thanks to a friend of the family, we sipped on generous portions of Coquito. I have been eagerly awaiting the holidays for a chance to indulge once again in this joyous cocktail.

Coquito is similar to American eggnog. From what I have learned so far, it is a beverage traditionally served in Puerto Rico during the Christmas holiday. It appears to be a hotly contested debate whether it is served with or without eggs. I believe a version with eggs is called a ponche creama but I’m not 100% sure. If you have additional information to share please comment below. I would love to know more about this traditional drink. I chose to make it without eggs due to my egg intolerance.

It is incredibly sweet and meant for sipping. Feel free to garnish the drink with a little grated nutmeg or cinnamon.

Coquito

Yield: 4-6 servings

Ingredients:

2 cans coconut cream
1 can sweetened condensed milk
1 can evaporated milk
1 teaspoon vanilla extract
1-2 cups rum*
1 tablespoon ground cinnamon
1 tablespoon ground nutmeg

Directions:

Blend all ingredients in a blender on high for a few minutes until well-blended. Chill for a few hours before serving.

*I used 2 cups of rum. The drink was very strong. If you want to make a tamer version add 1 cup of rum, blend and then add additional rum to taste.

Recipe courtesy of Food.com

On Sunday, I headed out bright and early to make the drive to Washington, D.C. With only a few hours of sleep following my office holiday party, I was running on pure adrenaline and lots of coffee. What would make me drive to Washington, D.C. on a Sunday morning? The one and only Gail Dosik a/k/a One Tough Cookie.

Gail showing the class some of the cookies she has decorated

Gail announced several months ago that she was going to teach a couple cookie decorating classes in December and I signed up immediately. The promise of learning the craft from Gail was impossible to resist.

The class took place at the home of Cathy a/k/a Mrs. Wheelbarrow. This was my first time meeting Cathy who is just as lovely in person. If you are one of her readers you will also realize how lucky I was for the chance to meet Louie too. He was really excited to see everyone.

Even though I was a wee bit hungover I did my best to hold my hand steady. The other attendees did a much better job at steadying their hand than I did. Take a peek at some of the other cookies in the next picture. Our class was focused. I was really impressed by how inspired everyone was by Gail’s guidance and encouragement.

I would love to share better pictures of the cookies with you but they didn’t exactly last long enough for a real photo session. Did I mention my long drive home? Well, I think you can figure out how I kept myself occupied on my ride home. Can anyway say sugar rush?

If you are ever lucky enough to get the chance to take a class with Gail I would highly recommend that you do it. She definitely knows her craft.

Follow Gail on Twitter here

Follow Gail on Facebook here

Have you met Kate over at Food Babbles? If not, let me tell you that she is one of the sweetest people I know. She’s simply lovely. We have become fast friends over the past year. We live just close enough to each other that we were able to find a great spot to meet halfway to grab a bite and shop. We’ve done a lot of damage at a nearby Crate & Barrel outlet store. Take a peek at some of our posts and you’ll see some of the items we’ve splurged on.

Kate recently added a new member to her family. Meet Molly Cate. While she is getting used to that sweet little bundle of joy she is featuring a few guests on her blog to get her through her sleepless nights. Check out my guest post on Food Babbles to read more about the recipe for Pumpkin Pie with Pecan Streusel.

Motivated by the promise of a trade party with serious game day eats, a group of us decided to participate in a female only fantasy football league. Our league? The Touchdown Tarts. With team names like “Hands Off My Sides” and “This Little Piggy” our fantasy football league is second to none.

We recently gathered for our trade party where we had an ample amount of food suitable for any football fan. I believe I exclaimed no less than three times “I love this group. I really love this group.” Why? Because we don’t mess around when it comes to game day food. Our trade party included an insane amount of savory bites like the Pigs in a Blanket pictured above. Take a look at some of the other delectable dishes we noshed on.

Guacamole with mango, goat cheese and roasted pistachios.

Veggies and Chips Tray

Gluten-Free Tamale Pie

Gluten-Free Buffalo Chicken Macaroni and Cheese

Federal Donuts

If you live in the Philadelphia area you’ve probably heard of the brilliant yet simple concept behind Federal Donuts. They serve fried chicken and doughnuts. Yep, that’s it. You can also grab a cup of coffee but really the focus is on the chicken and the donuts. The lines out the door on a regular basis reflect the love this area has for this genius combination. Once these bad boys made their way to the table they were quickly devoured until there were merely crumbs left. Their donuts aren’t your regular glazed variety. Their “fresh” flavors include Appollonia, Indian Cinnamon and Vanilla-Lavender. The “fancy” flavors we nibbled on included Key Lime, Nutella-Tehina-Pomegranate, Blood Orange and Chocolate-Raspberry. I’m usually not a fan of donuts that stray from the normal variety but their flavor combination definitely won me over.

I think next year we should have a draft party, trade party and a party for the winner. Three times the fun means three times the amount of sweet and savory delights!

Are you in a fantasy football league? How is your team doing this year?