Hospitality Law

Hospitality Law

Part 1:  Non-Compete Provisions / Restrictive Covenants (write about Restrictive

Covenants related to employment … NOT related to Real Estate)

Part 2:  Trademark

Part 3:  Protecting Recipes / Trade Secrets / Trade Dress

 

Non -Compete Provisions / Restrictive Covenants:

a) What are they?

Restrictive covenants or Non-Compete Provisions are said to be obligations where employers often incorporate post-termination obligations into an employee’s contract of employment hence an employee agrees not to do certain things after he or she leaves the company. They usually designed to protect and safeguard the employers business and are usually enforceable only to protect unfair competitive use of both customer contacts and trade secrets.

Part 3:  Protecting Recipes / Trade Secrets / Trade Dress

a). Can recipes be legally protected from being copied? All the written form of recipes can be legally protected from being copied by use of copyright law, hence these can only be done once they are recorded in some manner or way, and for instance, they can be recorded on tape or else written down.

b) Trade secrets and how they can be protected:

information, including a formula, pattern, compilation, program, device, methods, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons

 

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