March 22, 2018 10:03 AM
In “Trade Secrets as Part of Your IP Portfolio: The Case of Col. Sanders,” Miami partner Daniel Barsky discusses the value of trade secrets in your IP Portfolio through the KFC and Col. Sanders case study.
Trade secrets, together with patents, trademarks, and copyrights are one of four main types of intellectual property. Unlike the other types of IP, trade secrets are never made public. For example, KFC’s trademarks and copyrights are all associated with the branding and marketing of the restaurants. But what about the product?
When Col. Sanders filed a patent application for the process of making friend chicken, Col. Sanders did not include the specific composition of the “moist layer of breading material” in his patent. By not patenting the famous recipe, the Colonel had a method of enforcement to initially squelch competition, while preserving the trade secret. The trade secret made Col. Sanders a very wealthy person.
Read Daniel’s full discussion, here.
About Daniel Barsky
Daniel Barsky is a partner in the Miami office of Shutts & Bowen LLP where he is a member of the Intellectual Property Practice Group. He regularly represents clients in intellectual property and commercial litigation matters. Daniel is a registered patent attorney with the U.S. Patent and Trademark Office and regularly prosecutes patents, trademarks, and copyrights for clients. He is also an adjunct professor at the University of Miami School of Law where he teaches patent litigation.