(1) Winning a claim of trademark infringement is a lot easier when there’s some similarity between the marks; and
(2) Recipes and concepts are not copyrightable.
Rebecca Tushnet provides an excellent analysis of the court’s findings in her summary of the Jessica Seinfeld cookbook decision (and do I have to say again that I hate when copyright infringement is referred to as plagiarism?) The side-by-side photo of the two cookbooks’ covers says it all. I’m relieved that the court ruled the way it did.
But getting to the nitty-gritty: Camouflaging healthful foods to get nutrients into kids? Oy, have I nothing better to do with my day? We found that a steady diet of Food Network was the best way to get the kids to try healthful foods (Michael Chiarello was their favorite, for no identifiable reason) – as well as involving them in the cooking process. Of course, they now count sushi, steak grilled rare and Dungeness crab among their favorite dishes, but I’d prefer that to mac ‘n’ cheese any day, with or without cauliflower in it.
P.S. though to Ms. Seinfeld – “Get your kids eating good food” is about the weakest tagline I’ve ever heard. Did you really have to put the “tm” bug on it?
Edited to add that Marty has posted the decision at the Trademark Blog.