Trademark Protection and Trade Dress in Food Products

Close your eyes and imagine this: a world without stuffed crust pizza. We know!—but that was the dismal state of the Italian flatbread scene before 1985, when Anthony Mongiello, aka The Big Cheese, came up with an innovation that loaded even more cheese onto pizza, while saving crusts nationwide from the trashcan. It was a multi-million dollar idea, Mongiello was sure—if only he could figure out how to protect his intellectual property and license it. But can you copyright the recipe for stuffing the crust? Could that puffy, cheese-filled rim be trademarked, or the technique for making it qualify as a trade secret? Can you patent a pizza? And did Pizza Hut, which unveiled their own stuffed crust pie in 1995, steal his idea—or does the concept of a cheesy crust belong to humanity as a whole? This episode, we're diving deep into the weird and wonderful world of food IP, via the legendary legal battles to defend Pepperidge Farm's Goldfish, Smucker's Uncrustables, and that futuristic mall treat of the 90s, Dippin' Dots ice cream. Listen in now for the true story of stuffed crust pizza—a story in which creativity, commerce, and lots and lots of cheese collide.

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