NEW ORLEANS—Anyone who fancies themselves a fan of cocktails knows the names: the Manhattan, Old Fashioned, Martini, Margarita, on and on and on. In the drinks world, such recipes have stood the test of time and grown into industry icons over decades. But unlike similar cultural colossuses elsewhere—from Mickey Mouse on screen or “Hey Jude” in the stereo—you can find the Negroni being deployed freely at virtually every bar in America. What gives?
“Can you copyright and own a recipe? A recipe in the eyes of the law doesn’t have that creative spark,” says attorney Andrea Mealey, an intellectual property expert who’s done legal work for beverage companies like Gosling’s Rum. During a panel on IP in the bar industry at the 2019 Tales of the Cocktail