"Who really owns your Thanksgiving traditions? In this special holiday edition of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley discuss how intellectual property law intersects with holiday food, recipes, and branding. They explore: Why recipes usually aren't protected by copyright The surprising trademarks behind holiday favorites like Turducken and Tofurky How brands use trademarks, trade dress, and storytelling to own a piece of the Thanksgiving season The rise of "Friendsgiving" as both a cultural phenomenon and a branding challenge"
"Whether you're a lawyer, brand owner, or marketing professional, this episode offers valuable insight into how IP shapes the way we celebrate and sell the holidays. Watch this episode on YouTube or listen to the podcast here."
Intellectual property law governs ownership and commercial control of holiday foods, names, and presentation. Recipes typically lack copyright protection because they provide functional instructions rather than original expressive content. Trademarks and trade dress allow brands to protect names, distinctive packaging, and the visual presentation of food products, while storytelling and branding create cultural associations tied to Thanksgiving rituals. Unusual product names and branded alternatives like Turducken and Tofurky can be trademarked to secure market identity. The emergence of "Friendsgiving" adds naming and branding opportunities as well as legal challenges for parties seeking to claim or defend rights.
Read at The IP Law Blog
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