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Earth and Table Law Reporter Blog

Articles: 1-10 of 27

Promoting Scientific Agricultural “Progress” Through Novels

USA - May 13 2020 The misinterpreted “Intellectual Property” clause of the U.S. Constitution (Art. I, §8, cl. 8) grants Congress the power to “promote the Progress of…

On Monopolies, Fine Dining and Feeding the Masses in California’s First Gilded Age

USA - February 7 2020 Every generation tackles old problems anew. Abject homelessness, “radicalized” socialists, tyrant capitalists, gilded-age life-styles and monopolistic…

What’s in a Name?: On Filberts, Hazelnut Milk, Shredded Wheat and Food Identity Standards

USA - September 26 2019 Defying a family trend around our dining table, I refused to call oleomargarine by its shorthand substitute, butter, in my early teens. I abhorred its…

The Copyrightable Firepower of Hedonic Food Consumption

USA - May 8 2019 Hedonism is the pursuit of pleasure and sensual self-indulgence. When applied to food, we conjure up high-priced luxuries like the Italian white Alba…

The Recipe Copyright Title Bout of the 20th Century: Olney vs. Nelson vs. Beard

USA - November 15 2018 Richard Olney’s French Menu Cookbook (1970) and Simple French Food (1974) profoundly shaped American food trends in the 20th century—mostly behind the…

The Scientific-Sounding Bar to Patenting Food Compositions and Marketing Around Innate Rejection of Novel Foods

USA - August 28 2018 Whoever invents or discovers any new and useful composition of matter may potentially obtain a United States patent. When it comes to food…

On Oregon Black Truffles, Scent Marketing and Neuropsychological Food Cravings

USA - July 19 2018 Truffles mushrooms reside in a Holy Grail land of taste preference. They call to mind ancient French banquet meals and rural truffle hunters and their…

A Bourbon Pecan Pie Fest of Plant Patents, Copyright “Originality” and Soiled Chef Brands

USA - March 28 2018 Pecans are a microcosm of Americana. “As the Stuart Pecan Company would brag in 1893: ‘We [Americans] have rightfully a monopoly upon the nut.’”…

The Intellectual Property Allure of Truffle Mushrooms

USA - January 31 2018 White Alba truffles from the Piedmont region of Italy—and black winter truffles from Périgord, France—are a fount of gastronomic legends. A black…

A Thanksgiving of Patentable Nuts and Vintage Nutcrackers

USA - November 20 2017 No, this post is not about the Thanksgiving antics of eccentric relatives. Rather, it describes patented varieties of almonds, walnuts and pecans they…