Legal Question in Intellectual Property in New York

Re: recipe ownership

Interesting question. The resounding and perfectly unsatisfactory answer is IT DEPENDS.

You need a copyright attorney who knows something about contracts to review your employment agreement to answer your question. I'd be happy to review it for you.

Good luck

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: recipe ownership

If you don't have an employment agreement that restricts your use of your recipes I fail to see how you can be sued for anything. Copyrights in recipes are questionable unless there is a tangible expression of that recipe (i.e., in writing) and the recipe has such directions and suggestions as to be original. After all, a good chef will tell you that one hamburger isn't the same as another hamburger. Even if you did have such an agreement, restrictions on future employment have to be narrowly drawn, including whether or not you use your own recipes and I highly doubt a court would restrict you. As there are always facts that clients tend to leave out until appropriate questions are asked, you should feel free to contact me or any other experienced attorney if you remain concerned.

Re: recipe ownership

A recipe cannot be protected except by contract and trade secret law. In the absence of a contract which covers the issue you should be fine.