Man tries to copyright chicken sandwich, fails

It turns out that you can't copyright the idea of a chicken sandwich. Back in 1987, when Norberto Colon Lorenzana had just started working for Church's Chicken in Puerto Rico, he had the brilliant idea of adding a fried chicken sandwich to the chain's menu. Until then, the establishment had only sold chicken-by-the-piece.

The chain finally added a fried chicken sandwich four years later in 1991, calling it the "Pechu Sandwich." It came complete with fried chicken, tomato, lettuce, garlic mayonnaise and bread. It was also a resounding success.

The success didn't sit too well with Colon, however. In his eyes, the chain benefited tremendously from his creation, and he hadn't seen so much as a time. This led to him filing a lawsuit in 2014, 24 years after the Pechu Sandwich was brought to the chain, claiming that his former employer took advantage of his intellectual property, and demanding a share of the item's profits. He asked for a measly sum of $10 million in damages.

Ultimately, Chief Judge Jeffrey Howard of the First Circuit United States Court of Appeals ruled in favor of the franchise, writing that "a recipe — or any instructions — listing the combination of chicken, lettuce, tomato, cheese, and mayonnaise on a bun to create a sandwich is quite plainly not a copyrightable work."

Copyright law protects a broad set of intellectual properties, but food, including recipes or specialty dishes, are not among the categories included in the Copyright Act. 

If you are in the middle of a copyright dispute, or if you think someone else is profiting from your own work, it is important to speak with a skilled business attorney. A lawyer can help protect your rights in case of litigation.

Categorised in: Intellectual Property Law

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