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 Post subject: Cookie Name Help
PostPosted: Sun Jan 27, 2013 11:54 pm 
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Joined: Wed Jan 26, 2011 12:43 pm
Posts: 195
Location: Maui
I am planning to sell some of my baked goods at a local Farmer's Market here on Maui. I would like to sell a cookie taken from Joanne Chang's book, "Flour". I'm not sure if this is allowed but I would like to change the name of the cookie....she calls them "Chunky Lola" cookies. The cookies has many ingredients, coconut, pecans, dark chocolate chips, oats, butter, flour.... Everyone is advising me to change the name in order to fit the island theme here on Maui. I need some help with renaming the cookie to attract the tourists and locals. Please don't report me ;) . Many Mahalos!

Lu


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 Post subject: Re: Cookie Name Help
PostPosted: Mon Jan 28, 2013 1:04 am 
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Joined: Sat Nov 12, 2011 8:05 pm
Posts: 1191
Location: Chico, CA
Are you subbing macadamias for the pecans? Lu's Maui delights?

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Alina


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 Post subject: Re: Cookie Name Help
PostPosted: Mon Jan 28, 2013 8:19 am 
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Joined: Fri Dec 19, 2008 10:45 pm
Posts: 1531
Location: Ottawa, ON
Lola Lola :)

Assuming the farmers market is not in the tourist area, it is for locals?


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 Post subject: Re: Cookie Name Help
PostPosted: Mon Jan 28, 2013 8:26 am 
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Joined: Fri Jan 16, 2009 7:50 pm
Posts: 2062
Chunky Leilani?


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 Post subject: Re: Cookie Name Help
PostPosted: Mon Jan 28, 2013 9:02 am 
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Joined: Sat Dec 20, 2008 5:35 am
Posts: 2305
Location: Regina, Saskatchewan, Canada
Aloha Lola :?:

FWIW, I wouldn't feel comfortable selling someone's exact product without giving credit. Likewise, I wouldn't like it if someone did that to a product of mine. You might consider writing for persmission. - - - jus' my 2 cents...


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 Post subject: Re: Cookie Name Help
PostPosted: Mon Jan 28, 2013 9:05 am 
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Joined: Fri Jan 09, 2009 4:34 pm
Posts: 2011
I guess Maui Wowie has been taken so... Island Delights? Aloha Nut Chunks? Big Kahunas? Hula Clusters? Nutty Surfers?

They sound fantastic, good luck at the market!

Mary


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 Post subject: Re: Cookie Name Help
PostPosted: Mon Jan 28, 2013 11:01 pm 
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Joined: Mon Apr 04, 2011 5:56 am
Posts: 531
Location: Virginia
My brain isn't in a fit state to suggest a creative name, but one idea is to make a few minor alterations to the cookie and then it wouldn't be an exact copy. Use different nuts, or semi-sweet chocolate instead of bittersweet? You might still want to attribute it somewhere as "adapted" from or "inspired by"... but it wouldn't need to be super prominent. (I've noticed a lot of blog authors do that -- e.g., change vanilla paste to vanilla extract in a recipe and then say at the bottom that it's adapted from such-and-such cookbook. I guess that lets them out of any copyright issues as far as reprinting the recipe?)

Although all that being said, Joanne Chang is super nice and very down to earth, and is very responsive to emails, so if there's any cookbook author who would be okay with it, especially since you're nowhere close to Flour, it would be her!

Emilie


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 Post subject: Re: Cookie Name Help
PostPosted: Tue Jan 29, 2013 1:10 am 
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Joined: Wed Jan 26, 2011 12:43 pm
Posts: 195
Location: Maui
Thanks for your suggestions. I have tweaked and changed the recipe a bit to avoid any lawsuits. I have nothing but respect for Joanne Chang. We've exchanged several e-mails in the past, she is a lovely person. I plan to use Mac Nuts and I increased the flour, also used milk chocolate instead of dark, and also used half a vanilla bean. Thanks again everyone for all your help!

Lu


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 Post subject: Re: Cookie Name Help
PostPosted: Tue Jan 29, 2013 9:49 am 
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Joined: Wed Apr 27, 2011 3:27 pm
Posts: 526
Location: Finger Lakes Wine Country
If changes make the cookies taste better, they make sense, but recipes are not offered protection under US Copyright laws so there is no need to make changes to avoid a lawsuit.

Recipes lack the originality to qualify for copyright and in the eyes of the law are akin to a shopping list of ingredients and set of directions. While it may seem odd, a cookbook copyright covers everything between the covers except the recipes.

If a recipe needs some kind of protection, the only way is to keep it secret.

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 Post subject: Re: Cookie Name Help
PostPosted: Tue Jan 29, 2013 11:27 am 
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Joined: Mon Apr 04, 2011 5:56 am
Posts: 531
Location: Virginia
That's really interesting, Jim. So does that mean one doesn't even have to attribute a recipe to its author, no matter what the setting? And so the practice some follow of not posting recipes from cookbooks is more out of courtesy rather than avoiding any liability?

Emilie


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