The Ownership of Flavor: A Rising Concern in the Culinary World

It’s increasingly common to see businesses and individuals attempting to lay claim to terms that should remain in the public domain – the building blocks of cuisine. This isn’t a new phenomenon. Decades ago, a protracted legal battle unfolded over “pretzel crisps,” demonstrating the lengths to which some will go to protect perceived intellectual property in the food world. More recently, attempts were made to trademark the ubiquitous “breakfast burrito.”

The case of “Pho” serves as a potent example of public resistance successfully challenging such claims. A UK-based restaurant initially sought to trademark the Vietnamese noodle soup, but faced significant backlash and ultimately relinquished the mark.

Deli Owner Threatens Legal Action Over Cookbook Title

Now, a similar dispute is brewing in the United Kingdom. Kate Attlee, founder of the Sabzi deli, is threatening legal action against Bloomsbury Publishing for releasing a cookbook titled Sabzi, authored by Yasmin Khan.

Attlee asserts that Bloomsbury has “refused requests” to alter the cookbook’s title, claiming it infringes upon her deli’s trademarked brand. Sabzi has been freely sharing recipes with its 5,000 newsletter subscribers and on social media since 2023, with plans to compile these into a book of its own.

However, Bloomsbury published Khan’s vegetarian cookbook, also named Sabzi, in July, a move Attlee contends violates her intellectual property rights.

The Meaning of ‘Sabzi’: Beyond a Brand Name

The core of the dispute lies in the fundamental misunderstanding of the term “sabzi.” It isn’t a unique, invented brand name. Yasmin Khan’s cookbook utilizes the title because it directly relates to its content: a vegetarian culinary exploration deeply rooted in Persian traditions. “Sabzi” is a Persian word meaning “herbs” or “vegetables,” a cornerstone of numerous Persian dishes.

Consider Ghormeh Sabzi, a beloved Iranian stew, or Sabzi Bhaji, a flavorful vegetable curry. Even Kuku Sabzi, a delightful herbed fritatta, showcases the term’s widespread culinary application.

Ironically, the image of Kuku Sabzi featured here is sourced directly from Kate Attlee’s own website, highlighting the term’s established and widespread use. To pursue legal action over such a fundamental culinary term feels akin to a restaurant in the United States trademarking “herb-encrusted” and then suing other establishments for using the phrase to describe “herb-encrusted salmon.”

This situation underscores a broader issue: the increasing tendency to commodify cultural heritage. Should a single business be able to restrict the use of a word that represents a fundamental aspect of a cuisine? What impact does this have on culinary innovation and the free exchange of ideas?

The outcome should mirror the “pho” case – the trademark should be invalidated. It would be commendable if Attlee voluntarily relinquished the mark, recognizing the broader implications of her claim. However, if necessary, the courts should intervene to protect the integrity of culinary traditions.

Frequently Asked Questions About Food Trademarks

• What is the impact of trademarking common food terms?

  Trademarking generic food terms can stifle culinary creativity, limit competition, and potentially prevent chefs and cookbook authors from accurately describing dishes. It restricts the use of language that should be freely available to all.

• Can a business really trademark a word like “sabzi”?

  While a business can apply for a trademark, the success of that application depends on whether the term is truly distinctive and not merely descriptive of the goods or services offered. In the case of “sabzi,” its descriptive nature and widespread use in Persian cuisine make a successful trademark claim highly questionable.

• What recourse do chefs and authors have if they are threatened with legal action over a food term?

  Chefs and authors facing such threats should consult with an attorney specializing in intellectual property law. They may be able to challenge the trademark’s validity or argue fair use. Public pressure, as seen in the “pho” case, can also be effective.

• Are there any resources available to learn more about trademark law and food-related trademarks?

  The United States Patent and Trademark Office (USPTO) website provides comprehensive information about trademark law. Additionally, organizations like the International Trademark Association (INTA) offer resources and guidance.

• How does this trend affect cultural appropriation in the culinary world?

  Attempting to trademark terms deeply rooted in a specific culture can be seen as a form of cultural appropriation, particularly when the trademark holder is not part of that culture. It raises ethical concerns about profiting from and controlling access to cultural heritage.