Trademark question - copying a drink

[hamidrizvi]

From the research I have done, I have found that you technically cannot copy a recipe, just the name and try to keep the recipe secret. So if someone was to copy Coke, they could do so under a different name. I hope I am right on this.

So my next question is, drinks that are sold as concentrate or in powdered form, is it possible to sell those same drinks - pre-mixed - under a different name? For example, could I mix Nesquik with milk and sell it as chocolate milk under a different name? This is just an example, I know they already sell their own milk...

The problem I do see is that I would not have the original recipe if ever asked, I would just have ingredients, Nesquik and Milk - although i can get Nesquik's ingredients from its packaging and put it on mine.

Another problem I do see is that lets say research finds that Nesquik causes cancer, so then I would be liable as well.

However, is it even legal for me to do so?

Anyone in the drinks/bottling business? I have some other questions as well...thanks

[curtis]

Doesn't sound any different from mixed drinks at a bar.

From the research I have done, I have found that you technically cannot copy a recipe, just the name and try to keep the recipe secret. So if someone was to copy Coke, they could do so under a different name. I hope I am right on this.

So my next question is, drinks that are sold as concentrate or in powdered form, is it possible to sell those same drinks - pre-mixed - under a different name? For example, could I mix Nesquik with milk and sell it as chocolate milk under a different name? This is just an example, I know they already sell their own milk...

The problem I do see is that I would not have the original recipe if ever asked, I would just have ingredients, Nesquik and Milk - although i can get Nesquik's ingredients from its packaging and put it on mine.

Another problem I do see is that lets say research finds that Nesquik causes cancer, so then I would be liable as well.

However, is it even legal for me to do so?

Anyone in the drinks/bottling business? I have some other questions as well...thanks

[bdckr]

From the research I have done, I have found that you technically cannot copy a recipe, just the name and try to keep the recipe secret. So if someone was to copy Coke, they could do so under a different name. I hope I am right on this.

I think you're asking the question incorrectly.

Are you saying "you technically cannot copyright a recipe"?

In the example you give of Coke, the recipe is a trade secret (http://en.wikipedia.org/wiki/Trade_secret); the name "Coke" is a trademark (http://en.wikipedia.org/wiki/Trademark).

I don't think there's anything to prevent you from "copying" the recipe for Coke by reverse engineering it; you definitely couldn't use the name Coke -- Coca Cola would be all over you for infringing on their trademark.

Wouldn't a bigger concern be how you could make a profit repackaging retail goods in order to sell them at a price high enough to make a profit?

The mixed drinks analogy is a good one: people are paying more for the experience of drinking in a bar.

When you take a brand name product, people tend to pay more for the name recognition/familiarity with the product. So in a restaurant that sells fountain drinks, they tell you that you're getting Coke or Pepsi instead of generic cola because most people prefer brand name cola; not because they're forced to say that it's Coke.

What are you actually thinking of selling?