- Chef James Cochran in trademark dispute with former employer over his own name
- Experts say the situation is a reminder that chefs should protect their personal IP rights
- Additional research looks at the trademark status of the world’s leading chefs
An ongoing trademark dispute between an award-winning chef and his former employer has highlighted the issue of brand protection in the fine dining sector. Experts tell World Trademark Review that chefs should consider getting registered trademark protection for their own name “at an early stage” of their career, while research finds some of the leaders in this field hold no registered rights to their name.
The dispute is between restaurant company Rayeula and James Cochran, who recently appeared on the BBC’s Great British Menu. Rayeula continues to run the James Cochran EC3 restaurant in London despite Cochran himself leaving earlier this year to set up his own venture. This week, Cochran took to social media to complain about Rayeula’s behaviour since he departed the company, stating “my ex-employers are the lowest of low trying to sell off my name as recipes plans”, adding: “Who is going to pay £25 a week just to add my name in front of the recipe? I will give you the recipes for free if [you’re] that low!”
The criticism appears to have been sparked after Rayeula launched a website, ‘jamescochran.co.uk’, which sells a license to “James Cochran signature recipes”. The website has the term “trademarked for a reason” featured prominently on each page, with any reference of ‘James Cochran’ featuring the ® symbol. This is because Rayeula filed for the JAMES COCHRAN mark at the UKIPO in December 2017, and the right entered onto the register in March 2018. For that reason, Rayeula hit back on Twitter, telling one supporter of chef Cochran: “Check out UK Patent Act 1977 which states that owner of all IP (inc trademarks) will be the employer. [James Cochran] was a paid employee, not an owner. End of story.”
In an extended statement, Rayeula clarified that the trademark was applied for while Cochran worked for them and before he appeared on the BBC show (the licensing website mentions his TV appearances). The company also denied claims that the chef could be prevented from using his own name, expanding that it was open to selling the trademark: “To date Mr James Cochran’s only offer to acquire the trademark was for a sum less than it cost to complete trademarking. This is perhaps ironic given that part of Mr Cochran’s histrionic rhetoric in the public domain focuses on baseless accusations that the owners are reaping the financial benefits of this valuable trademark. The owners of the trademark remain entirely open to reasonable offers from James that allow them to recoup their investment in the brand.”
Unsurprisingly, the situation has been met negatively from those in the restaurant community. For example, food critic Jay Rayner described the situation as “gob-smacking”, claiming that Rayeula “freely admit they are cashing in” on Cochran’s appearance on Great British Menu. Chef Tom Brown further stated: “This really is some of the most bafflingly obvious practice of trying to milk customers unsuspectingly by using someone else’s name... legality aside, surely [Rayeula] must have seen this backlash coming?”
But when it comes to the question of legality, IP experts generally agree that Rayeula seemingly has the upper hand. Talking to The Telegraph, trademark attorney Ian Barlett from Beck Greener cited the Elizabeth Emanuel case, which involved a fashion designer losing control of the company bearing her name. “The court refused Emanuel’s application and the company was allowed to continue using the name, because first of all she had entered into an agreement with the company that gave them the right to use her name, and second, the company had registered the trademark with her consent. I think it's possible that this chef might be in the same position. It depends whether or not he consented to the use of his name.”
Chef disputes
While the Cochran dispute will continue, there’s countless other examples of leading chefs being involved in brand protection situations. Earlier this year, chef Alon Shaya asked the US District Court in New Orleans for a preliminary injunction to stop his former employer from using his surname. In 2008, superstar chef Wolfgang Puck filed a trademark lawsuit against restaurateur Wolfgang Zwiener for opening a new establishment, called ‘Wolfgang's Steakhouse’, on the same street as Puck’s flagship restaurant and a few streets away from his own steakhouse.
It’s such a common occurrence that, back in February, industry title Eater published an article that advised chefs to rethink how they name their establishments. “Don’t put your name on your restaurant – get creative and think of something else,” suggested restaurant lawyer Jasmine Moy. Davis Wright Tremaine LLP partner Sheila Fox Morrison agreed, although added that chefs could compromise by using a generic restaurant name and adding “by Chef X” to the name. But, understandably, many restaurant companies and leading chefs want to use name recognition and reputation as a central part of an establishment’s brand. For that reason, legal advisers suggest “a series of well-written, well-vetted legal documents” before an establishment opens – with both parties including conditions to protect themselves.
One option for chefs, according to Hansel Henson partner David Hansel, is to attain registered trademark rights in their own name. “It is astonishing how few chefs take the basic precaution of obtaining trademark protection to ensure that their name, their restaurant’s and other key elements of their brand are protected,” he explained in a 2014 blog post. “Chefs can use trademark protection for licensing deals, for example as Gordon Ramsay has done with Royal Doulton. Chefs, whether Michelin starred or not, may also license their brand in more subtle ways, such as consulting and putting their names on the menus for less formal restaurants, cafés or pubs. The new establishment benefits from the goodwill flowing from the chef’s brand, while the chef is paid a fixed fee or royalties.”
However, research from World Trademark Review (below) has found that some of the world’s leading chefs, including Éric Ripert, Alain Roux, Dan Barber and Daniel Humm, have no trademark protection in their own name – this is despite many having numerous licensing deals. The research looked at whether the chef’s name and/or their current restaurant has a related registered trademark. On the positive side, a significant portion (48%) of those we looked at do have registered protection. Some have even sought trademarks in their signature dishes, such as Alain Passard’s international mark for his ‘Bouquet de Roses’.
Talking to World Trademark Review this week, Hansel said it is paramount that chefs be aware of their own personal brand. “If you are going to put your name above the door, then you should look to apply for registered trademark protection at an early stage. A newly launching chef should perhaps get a trademark application on record just for restaurant services (that will be relatively low cost). As his or her brand becomes better known, and licensing and consulting opportunities start to appear, then the chef should look to apply for a wider range of goods and services and perhaps look to register outside of their home country.”
Agreeing with that sentiment is Sharon Daboul, a chartered trademark attorney at Harbottle & Lewis. “Just like celebrities in other industries, a famous chef can become a brand,” she tells us. “Having an appropriate trademark registration means that the owner will have ownership of, and a monopoly right in, the use of their brand. In this way, a trademark can be used to safeguard a chef’s right to fully exploit their brand and enable them to make licensing deals for which they can receive royalties. A registered trademark can also offer a quick, cheap and powerful protection against unauthorised use, as there is no need to show a likelihood of confusion, if the infringer uses the same name on the goods or services that have been registered. The best time to register your trademark is as soon as you can, and ideally before you start commercialising your brand. Up and coming chefs should take note.”
Of course, such a move doesn’t come without some risk. If a chef has registered trademark protection in their name, some restaurant business partners could be put off that licensing the name would need to be part of an investment deal. At the beginning of a chef’s career, that could mean losing a potential partnership or being asked to sign a contract with strict conditions. “Crucially, a chef should always get advice on any contracts he is asked to sign and ensure that the goodwill in the business denoted by his name is not owned by the business backers that all chefs will have,” Hansel further explained. “If a chef is borrowing money then beware that the trademark is likely to be an asset over which security will be sought. Ultimately, a chef’s name is a trademark, and it is that which draws custom from diners who associate the name with premium service and superior quality food.”
For those in the fine dining industry, recent high-profile disputes have demonstrated why high profile chefs need to protect their personal intellectual property. Time will tell whether there will be a rise in related trademark applications – but for law firms, it could be an opportunity to reach out to chefs (and relevant associations) and explain the benefits of such protection.
Trademark status of leading fine dining chefs
Chef name
|
Restaurant
|
Country
|
Registered trademark status
|
|---|---|---|---|
Alain Ducasse
|
Le Louis XV
|
France
|
Both
|
Alain Passard
|
Arpège
|
France
|
Both
|
Alain Roux
|
The Waterside Inn
|
UK
|
None
|
Alex Atala
|
D.O.M.
|
Brazil
|
Restaurant only
|
Andreas Caminada
|
Schloß Schauenstein
|
Switzerland
|
Restaurant only
|
Anne-Sophie Pic
|
Maison Pic
|
France
|
Both
|
Annie Féolde
|
Enoteca Pinchiorri
|
Italy
|
Restaurant only
|
Arnaud Donckele
|
La Vague d'Or
|
France
|
Name only
|
Ben Shewry
|
Attica
|
Australia
|
Restaurant only
|
Björn Frantzén
|
Frantzén
|
Sweden
|
Both
|
Brett Graham
|
The Ledbury
|
UK
|
None
|
Carme Ruscalleda
|
Sant Pau
|
Spain
|
Both
|
Christian Jürgens
|
Restaurant Überfahrt
|
Germany
|
Name only
|
Christian Le Squer
|
Le Cinq
|
France
|
Restaurant only
|
Christophe Bacquié
|
Christophe Bacquié
|
France
|
Both
|
Clare Smyth
|
Core by Clare Smyth
|
UK
|
Both
|
Corey Lee
|
Benu
|
USA
|
Restaurant only
|
Dan Barber
|
Blue Hill Farm
|
USA
|
Restaurant only
|
Daniel Humm
|
Eleven Madison Park
|
USA
|
Restaurant only
|
Daniela Soto-Innes
|
Cosme
|
USA
|
Restaurant only
|
David Kinch
|
Manresa
|
USA
|
None
|
David Muñoz
|
DiverXO
|
Spain
|
Both
|
Dominique Crenn
|
Atelier Crenn
|
USA
|
None
|
Edgar Núñez Magaña
|
Sud 777
|
Mexico
|
Restaurant only
|
Emmanuel Renaut
|
Flocons de Sel
|
France
|
Both
|
Enrico Crippa
|
Piazza Duomo
|
Italy
|
Restaurant only
|
Enrique Olvera
|
Pujol
|
Mexico
|
Both
|
Éric Fréchon
|
Epicure
|
France
|
Both
|
Éric Pras
|
Maison Lameloise
|
France
|
Both
|
Éric Ripert
|
Le Bernardin
|
USA
|
Restaurant only
|
Esben Holmboe Bang
|
Maaemo
|
Norway
|
Restaurant only
|
Felipe Bronze
|
Oro
|
Brazil
|
Restaurant only
|
Frédéric Anton
|
Le Pré Catelan
|
France
|
Both
|
Georges Blanc
|
Georges Blanc
|
France
|
Both
|
Gérald Passédat
|
Le Petit Nice
|
France
|
Restaurant only
|
Gerhard Wieser
|
Trenkerstube
|
Italy
|
Name only
|
Gilles Goujon
|
L'Auberge du Vieux Puits
|
France
|
Name only
|
Guy Savoy
|
Guy Savoy
|
France
|
Both
|
Harald Wohlfahrt
|
Schwarzwaldstube
|
Germany
|
Both
|
Harry Sasson
|
Harry Sasson
|
Colombia
|
Both
|
Heinz Reitbauer
|
Steirereck
|
Austria
|
Restaurant only
|
Hélène Darroze
|
Restaurant Hélène Darroze
|
France
|
Both
|
Heston Blumenthal
|
The Fat Duck
|
UK
|
Both
|
Isaac Mchale
|
The Clove Club
|
UK
|
Restaurant only
|
Ivan Orkin
|
Ivan Ramen
|
USA
|
Restaurant only
|
Ivan Ralston
|
Tuju
|
Brazil
|
Restaurant only
|
Jefferson Rueda
|
A Casa do Porco
|
Brazil
|
Restaurant only
|
Joan Roca
|
El Celler De Can Roca
|
Spain
|
Restaurant only
|
Jonnie Boer
|
De Librije
|
Netherlands
|
Both
|
Joshua Skenes
|
Saison
|
USA
|
Restaurant only
|
Juan Mari Arzak
|
Arzak
|
Spain
|
Restaurant only
|
Marc Veyrat
|
La Maison des Bois - Marc Veyrat
|
France
|
Both
|
Martin Berasategui
|
Restaurant Martin Berasategui
|
Spain
|
Both
|
Massimiliano Alajmo
|
Le Calandre
|
Italy
|
Restaurant only
|
Massimo Bottura
|
Osteria Francescana
|
Italy
|
Both
|
Mauro Colagreco
|
Mirazur
|
France
|
Both
|
Michel Guérard
|
Les Prés d'Eugénie - Michel Guérard
|
France
|
Both
|
Michel Troisgros
|
Maison Troisgros
|
France
|
Name only
|
Mitsuharu Tsumura
|
Maido
|
Peru
|
Both
|
Mitsuhiro Araki
|
The Araki
|
UK
|
None
|
Nadia Santini
|
Dal Pescatore
|
Italy
|
Restaurant only
|
Pascal Barbot
|
L’Astrance
|
France
|
Restaurant only
|
Pedro Subijana
|
Akelaŕe
|
Spain
|
Both
|
Pepe Sotelo
|
Don Julio
|
Argentina
|
Restaurant only
|
Pierre Gagnaire
|
Pierre Gagnaire
|
France
|
Both
|
Quique Dacosta
|
Quique Dacosta
|
Spain
|
Both
|
René Redzepi
|
Noma
|
Denmark
|
Restaurant only
|
Rodolfo Guzmán
|
Boragó
|
Chile
|
Restaurant only
|
Thomas Keller
|
The French Laundry
|
USA
|
Both
|
Vanessa González
|
Parador La Huella
|
Uruguay
|
Restaurant only
|
Victor Arguinzoniz
|
Asador Etxebarri
|
Spain
|
Restaurant only
|
Virgílio Martínez
|
Central
|
Peru
|
Both
|
Vladimir Mukhin
|
White Rabbit
|
Russia
|
Restaurant only
|
Yannick Alléno
|
Le 1947 at Cheval Blanc
|
France
|
Both
|
Yoshihiro Narisawa
|
Narisawa
|
Japan
|
Restaurant only
|
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