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The CASE Journal IM-Competing for New York’s Best Lobster Roll
Volume 6, Issue 2 (Spring 2010) 8
References
Hillard, D., Marvel, J. & Welsh II, J. (2009). Product Design and Other Trade Dress in
Bender.
Cavanagh, G., Moberg, D., & Velasquez, M. (July 1995). Making business ethics practical.
Business Ethics Quarterly, 5 (3): 399-418.
Likar. V. (February 8, 2010). Representative, United States Personal Chef Association.
Interview.
york/nysdce/1:2007cv06036/309166/11/0.pd
The International Association of Culinary Professionals’ Code of Professional Ethics.
Retrieved on February 7, 2010.
http://www.iacp.com/associations/7870/files/Downloads/About%20IACP/Ethical%20
Guidelines/ethicalguidelines.pdf
http://www.uspca.com/codeofethics/
Wood, D. J. 2007. Business Ethics: Text and Workbook. Cedar Falls, IA: Woodhaven Press.
TCJ06-02-01TN
For use in conjunction with Strategic Management 13E, Pearce & Robinson. Expiry date 2015.
The CASE Journal IM-Competing for New York’s Best Lobster Roll
Volume 6, Issue 2 (Spring 2010) 9
Useful Supplemental Resources
http://www.restaurant.org/research/state/
The importance of intellectual property (2008). In Barringer, B. R. & Ireland, R. D. (Ed.),
Entrepreneurship: Successfully launching new ventures (pp. 346-379). Upper Saddle
River, NJ: Prentice Hall.
United States Copy Rights Office (details about fees and filings)
http://www.uspto.gov
In re The Place, Inc., USPTO Trademark Trial and Appeal Board, serial no.
76436826,http://www.uspto.gov/web/offices/com/sol/foia/ttab/2eissues/2005/764368
26.pdf. (restaurant tradedress issue)
TCJ06-02-01TN
For use in conjunction with Strategic Management 13E, Pearce & Robinson. Expiry date 2015.
The CASE Journal IM-Competing for New York’s Best Lobster Roll
Volume 6, Issue 2 (Spring 2010) 10
Exhibit 1
Summary of the types of intellectual property
Trademarks
A trademark is a word, phrase, symbol or design, or a combination of words, phrases,
symbols or designs, that identifies and distinguishes the source of the goods or service of one
party from those of others. Trademarks can be protected by filing representative samples with
the US Patent Trademark Office or by legitimate use of the mark. Protection through filing is
the most secure method of assuring that a trademark holder will be able to protect the mark
through federal infringement suits.
Trademarks are protected by the Lanham Act of 1946. The Act protects names, designs and
logos, and trade dress. Trademarks are best protected by selecting and registering a trademark
through the U.S. Patent and Trademark Office (at some cost to the business owner which is
why many simply do not do it). It is held for a renewable period of 10 years, and can
theoretically be held indefinitely as long as it stays in use.
expression. Examples are literary works, musical works, dramatic works, pantomimes and
the ‘author’ upon creation of the work but protection of the right is easier if federal protection
creator of an original work exclusive rights for a period of time, the creator’s lifetime plus
seventy additional years, after which the work enters the public domain. Written work is
the document. If concerned about infringement, authors should register with the U.S.
Patents
A patent holder gains exclusive rights to the use of their novel idea once the United States
Patent Trademark Office accepts their application and issues a registered patent. Patents are
granted in three categories, utility or function (machines and processes), design (unique
features of a product) and plant (hybrids). This exclusive use is permitted for 20 years if the
patent is utility or plant and 14 years if design. During these patent periods the holder of the
patent has exclusive rights so no one may infringe on the patent without permission. Patents
typically do not apply to the restaurant industry because they refer to rights granted to an
Tradesecret
TCJ06-02-01TN
For use in conjunction with Strategic Management 13E, Pearce & Robinson. Expiry date 2015.
Volume 6, Issue 2 (Spring 2010) 11
or patented, but has economic value. Tradesecrets are the most difficult to protect since there
is no registration requirement. Protection is left to contracts with key employees containing
confidentiality clauses or covenants not to compete.
case, recipes may fall under the protection of trade secrets, which are any pattern, physical
device, idea, process, or other information that provides the owner of the information with a
competitive advantage. However, in the restaurant business it would be hard for the chef not
to share contents of a recipe, especially with a sous chef. There is a Uniform Trade Secrets
Tradedress
A tradedress is a form of trademark that can encompass anything that makes the business
distinctive. It must be non-functional in nature and distinctive of the source in commerce. In
restaurants, this can be menus, colors, style, lighting or any look. Often a holder will register
components of tradedress as a trademark. It is not necessary to register a trade dress to
.
TCJ06-02-01TN
For use in conjunction with Strategic Management 13E, Pearce & Robinson. Expiry date 2015.
The CASE Journal IM-Competing for New York’s Best Lobster Roll
Volume 6, Issue 2 (Spring 2010) 12
Exhibit 2
IACP Code of Professional Ethics
aid, abet or suffer the misstatement of my training and qualifications by others.
• Maintain the highest standards of accuracy and honesty in my dealings with colleagues and
clients.
• Not publish, or knowingly permit to be published on my behalf, any advertising or
• Dedicate myself to support and assist the association in serving the profession and the
public.
• Refrain from any act or omission, and not permit to suffer any act or omission, which would
discredit or bring dishonor to the association or any member thereof.
conscience.
• Conduct myself at all times such as to bring credit to the industry at large.
• Concentrate my time, energy and resources on the improvement of my own product and
services and will not denigrate our competition in the pursuit of our own success.
• Provide every employee at every level all of the knowledge, training, equipment and
public at large.
This Code of Ethics for members of the International Association of Culinary Professionals
has been adopted to promote and maintain the highest standards of association service and
personal conduct among its members. Adherence to these standards is required for
membership in the Association, and serves to assure public confidence in the integrity and
service of Culinary Professionals.
(Source:
nes/ethicalguidelines.pdf)
TCJ06-02-01TN
For use in conjunction with Strategic Management 13E, Pearce & Robinson. Expiry date 2015.
The CASE Journal IM-Competing for New York’s Best Lobster Roll
Volume 6, Issue 2 (Spring 2010) 13
Exhibit 3
Uniform Trade Secrets Act
remedy common law trade secret issues:
xAlabama Ala. Code. Secs. 8-27-1 et seq.
xAlaska Alaska Stat. Secs. 45.50.910 et seq.
xArizona Arizona R.S. Secs. 44-401 et seq.
xArkansas Ark. Stat. Ann. Secs. 4-75-601 et seq.
xCalifornia Cal. Civ. Code Secs.3426 et seq.
xColorado Col. Rev. Stat Secs. 7-74-101
xIdaho Idaho Code Secs. 48-801 et seq.
xIllinois Ill. Ann. Stat. ch. 140 Secs. 351-59
xIndiana Ind. Code. Ann. Secs.24-3-1
xIowa 1990 90 Acts, ch 1201 Section 550.1 et.seq.
xMichigan M.C.L.A. Secs. 445.1901 to 445.1910
xMinnesota Minn. Stat Ann.Secs. 325C.01 et seq.
xMississippi M.C.A.Secs. 75-26-1 et seq.
xMissouri Mo. Stat. Secs. 417.450 to 417.467
xMontana Mont. Code Ann. Secs.30-14-401 et seq.
xOhio R.C.Secs. 1333.61 et seq.
xOklahoma Okl. Genl. Laws Secs. 6-41-1
xOregon Or. Rev. Stat. Secs. 646.461 et seq.
xRhode Island R.I. Gen. Laws Secs. 6-41-1 et seq.
xVermont Ch. 143 Section 4601 et. seq.
xVirginia Va. Code. Ann. Secs. 59.1-336 et seq.
xWashington Wash. Rev. Code. Ann. Secs. 19.108.010 et seq.
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xWest Virginia W. VA. Code. Secs.47-22-1 et seq.
xWisconsin Wis. Stat. Ann. Secs.134.90
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For use in conjunction with Strategic Management 13E, Pearce & Robinson. Expiry date 2015.
