Protecting Restaurant Intellectual Property

With the rise of digital and social media platforms being used for advertising, it is crucial for restaurants owners to protect their rightful intellectual property. It takes a great deal of creativity to grow a business, so the National Restaurant Association has come up with seven ways to protect this intellectual property in order to strengthen the restaurant brand and help to avert competitors.

  1. Names: It is recommended to consider names that won’t be difficult to protect. For instance, naming a restaurant after a family name will be difficult as chances are it already exists, however an arbitrary yet distinctive name with unspecified value will be easier to trademark; a little trademark research could come in handy. For local restaurants it is advisable to choose names that do not resemble those of competitors in the slightest, and for nationwide restaurant chains it is important to note that a strong trademark with a federal registration is obligatory.
  2. Menus:  Signature dishes should come with creative signature names as well. Opt for special names rather than non-specific descriptives.  Unique names can be protected as trademarks and help to build value for the restaurant. If the restaurant menu incorporates  illustrations, images, or photographs in a creative manner, these elements can also be protected and trademarked. By doing so, if a restaurant owner stumbles upon another restaurant that has copied the menu layout or names, he or she can use copyright law to stop the infringement.
  3. Recipes: Just as non-disclosures and non-competes are included in employee contracts, the actual restaurant recipes should also be protected. Not having protected recipes could result in the loss of a trade secret. Patent protection for unique and distinctive recipes is also highly recommended.
  4. Back-of-house: Many QSR have patented their methods of doing business such as their assembly lines for food preparation and even food-frying methods! .
  5. Take-home items: Signature products that are sold in restaurants  such as coffee, preserves, spices or condiments, apparel and dish ware for in-home use should seek trademark protection .  in expanded classes of goods as you are extending your brand beyond the confines of the restaurant.
  6. Décor:  Restaurant floor plans, layout and interior/exterior décor can be protected so long as it’s unique. Certain common layout/décor combinations cannot be protected, such as chianti bottled candles and red and white checkered linens in Italian restaurants, but if an operator consistently employs the same combination of unique and distinctive elements it can be protected.
  7. Websites and social media: Web pages can be protected under copyright law, as can it’s content such as the photographs and layout arrangements. Social media outlets should be consistent with themes similar to the website. The thing to look out for in the web sphere is to ensure that the content is not in violation of advertising laws as this can actually weaken the owner’s intellectual property.

The NRA has provided this helpful information to help out whether you are starting a new restaurant, opening a second location, or developing a franchise. Using intellectual property law to set your brand apart from others in an industry that is so competitive is a smart move. To read more about these seven steps, click here

 

New FDA Definition of “Gluten-Free”

According to the researcher Packaged Facts, the gluten-free food market in the USA will grown from $4.2 billion in 2012 to $6.6 by 2017. Although less than 1% of Americans have the disorder that would require a completely gluten-free diet, close to 1 in 3 people will abstain from gluten according to the trend watcher NDP Group. An analyst at Rabobank, a Dutch bank that is a global leader in Food and Agri-financing, has commented that, “Consumers, rightly or wrongly, have made a connection between gluten-free and healthy..Grain companies are hoping this trend crashes and burns sooner rather than later. But any trend is a marketing opportunity.”

Up until now an official definition of what qualifies a food item as gluten-free hasn’t existed. The Food and Drug Administration has now created an official definition to make those suffering from celiac disease and others who try to abstain from gluten products easier to identify. Packaged foods will be considered gluten-free if they contain less than 20 parts of the protein per million per kilogram; this is the smallest quantity that can be measured reliably and the FDA claims 95% of food that is labeled as such meets this criterion. This rule, however, does not apply to alcohol or beer, nor does it apply to restaurants but the FDA is trying to encourage more and more restaurant chains to meet the specific standards of a public-health service.

There is no new logo or FDA label for the gluten-free products that manufacturers have to use, it suffices that a variation of the words “gluten-free” appear on the FDA approved package. To read more about how the new FDA definition of gluten-free products will impact manufacturers and consumers alike, click here

 

Menu Innovation With Meatless Sandwiches

There is no doubt that there is an abundance of sandwich options in New York. It is common to find meatball subs or great deli meat combos, however the vegetarian options are definitely less popular. There are many grilled cheese options and quite a few vegan sprout/tofu/hummus combinations but it is rare to find a meatless option that is truly enticing and interesting. Some establishments, however, have incorporated great satisfying meatless sandwich options into their menus and are watching as even meat lovers opt for the vegetarian counterparts. Here are a few sandwiches around Manhattan that are creating a buzz:

  • PARM: 248 Mulberry St., New York
    •  The eggplant parm sandwich at Parm is served with thin slices of fried eggplant, marinara sauce, and melted mozzarella. It is available either on a roll or hero and is delicious.
  • TAÏM FALAFEL AND SMOOTHIE BAR: 22 Waverly Place, New York
    • Taïm is known for their amazing falafel, however their sabich, an Iraqi and Israeli breakfast sandwich, is also a star product. The sabich has sweet fried eggplant, slices of hardboiled egg, hummus, cucumber, tomato salad, cabbage slaw and a pickled mango sauce all stuffed into a delicious warm pita.
  • NUM PANG SANDWICH SHOP: 75 9th Ave, New York
    • The cauliflower sandwich at Num Pang Sandwich Shop has roasted cauliflower, spicy eggplant spread,cucumber, pickled carrots, cilantro and a chili mayo sauce. It is a great meatless alternative to the traditional bang mi.
  •  MEAT HOOK SANDWICH: 495 Lorimer St., Brooklyn
    • The vegetarian sandwich at Meat Hook Sandwich in Brooklyn airs on the heavier side as it incorporates all the vegetarian toppings including cheese, fried onions, hash browns and caponata amongst others…
  • SHAKE SHACK: 11 Madison Avenue, New York
    • Shake Shack cleverly offers a vegetarian option that is not limited to a veggie burger made of beans or other vegetables made into a patty. The Shroom Burger is a portobello mushroom that is stuffed with cheese and then deep fried, topped with lettuce, tomato and the delicious Shack sauce.

These sandwiches stand up to their meaty counterparts delivering great flavor and texture. To read more about meatless sandwiches and to find one near you, click here

Masafeast 2014 Beachside Dinner

Heritage Radio, Masienda, Rockaway Beach 97 and Grow NYC are hosting Masafeast 2014, the first corn-inspired (or milpa) dinner on the Rockaway 97th Street Boardwalk.  The celebration will take place this Saturday August 9th at 6 30PM. The dinner will be prepared by an amazing group of talented chefs including Gabriela Cámara of Contramar in Mexico City, Ignacio Mattos of Estela in New York City, Jair Téllez from Laja and TaraPaige Group’s good friend and colleague Fany Gerson from La Newyorkina.

The proceeds from the event will benefit the Misión Integral in Mexico and Graybeards in the Rockaways. The Graybeards mission is to “promote the development and education of the youth of the community and to promote a deeper appreciation of patriotism in the community.” The mission of the Misión Integral in Mexico is to facilitate community development in poverty stricken areas.

Tickets to the event are priced at $125 and seating is limited! Hurry to purchase tickets here!

Donations are also welcome.

Burger King’s New Menu Strategy

Over the past year Burger King has attempted to change its menu not by creating new items that require new ingredients, but rather by creating new items that use ingredients that already exist on hand in the kitchen. Burger King has said that this approach to menu innovation is working in their favor; Daniel Schwartz, Burger King Chief Executive Officer has stated that the third consecutive quarter of growth was “driven by our strategy of launching fewer, more impactful products and by the continued popularity of our core offerings.”

In the last quarter Burger King launched five new items, less than it has in past quarters, which were all essentially versions of existing burgers with small adjustments. For instance, the new Chicken Big King is a Big King with a chicken patty that replace the beef patty. Similarly, the new BBQ Bacon Whopper is essentially a Whopper that has bacon and sauce added to it, and the Extra Long BBQ Cheeseburger utilizes the same hoagie bun that is currently used for the chicken sandwich and inserts two beef patties, cheese, BBQ sauce and onion rings.

In the past Burger King has launched seasonal new items which caused complications in the kitchen, which led to this more modest menu innovation strategy. McDonald’s is also attempting to simplify the menu in order to increase speed and efficiency at its restaurant locations. The ordering and execution will be more streamlined with simpler menu items that do not require too many ingredients or a complicated time-consuming assembly process. Burger King’s President for North America, Alexandre Macedo, has stated that this new menu strategy that tweaks original menu items without adding new products or ingredients will enable the company to focus spending in certain high-impact areas and will also allow Burger King to be more consistent across the board in its marketing efforts.

To read more about Burger King’s menu strategy, click here

Mast Brothers Open The Chocolate House in Williamsburg

The Mast Brothers, the American craft chocolate-making pair, have recently opened The Chocolate House. The Chocolate House has been added to the chocolate factory in Williamsburg, Brooklyn. Mast Brothers handcrafts a variety of single origin chocolates from around the globe as well as a unique house blend. Mast Brothers have partnered with special organizations and farms including Anderson Almonds, Stumptown Coffee, Maine Sea Salt and Crown Maple Syrup to create unique chocolate pairings.

The new Chocolate House will be dedicated to serving chocolate beverages. The menu includes:

  • Brewed Chocolate
  • Cold Brew Chocolate
  • Chocolate Soda
  • Chocolate Milk

This chocolate-centric beverage establishment will be a great addition to factory, flagship retail store and museum in Brooklyn. The concept of a brewed chocolate is very interesting; it is essentially a pour-over that is made with cacao nibs instead of coffee. The Cold Brew Chocolate also involves steeping the cocoa nibs which yields an unsweetened brew similar to an unsweetened tea. Follow Mast Brothers on Facebook to receive more information, or click here to read more about the opening of The Chocolate House.

 

Marketing Strategy for “Shark Week” At Dunkin’ Donuts

Dunkin’ Donuts has formed a partnership with the Discovery Channel to create a marketing campaign for “Shark Week;”a shark-themed talk show hosted by comedian Josh Wolf which will start Sunday, August 10th. Dunkin’ Donuts has taken to social media to promote the “Take a Bite, Take a Pic” campaign which consists of a contest where consumers of 18 years or older are invited to take a selfie photograph whilst taking “a bite” out of their preferred breakfast item of choice. This photograph is then to be shared via Twitter or Instagram with the hashtag #DDSharkWeek in order to be entered for a chance to win different prizes such as a $100 gift card to Dunkin’ Donuts or the “Shark Week” prize pack.

During the show which airs late-night, the host will suggest that the viewers visit SharkWeek.com/Dunkin to vote for the contestant with the best photo, or also known as the “Dunkin’ Bite of the Nite.” The winners of the contest will not only be announced and their photos revealed on air during the show, but their photos may also be displayed on the Dunkin’ Donuts Times Square billboard.

Hill Holliday, Dunkin’s agency of record, has also designed as a part of the marketing campaign, an interactive TV experience that uses Microsoft’s Xbox One system. The system is built so that if you are watching “Shark Week” on the Discovery Channel on the Xbox One, the Internet Explorer browser can be dragged to the corner of the screen to show a live feed of different real-time polls, content related to the shows, interactive quizzes and social content from Twitter and Instagram. Jamie Scheu, VP Director of Hill Holliday, states that this is the first time a paid advertiser has created an interactive experience for live television using the Xbox One. Scheu mentions that this is an important aspect for the Dunkin’ brand as it enables “an opportunity for sustained engagement with people in their living rooms — not just for 15 or 30 seconds at a time during commercial breaks, but for minutes or even hours throughout a live national television event.”

To top off the marketing campaign promotions, Dunkin’ is also launching a new donut today that is inspired by Discovery Channel’s “Shark Week.” To read more about the collaboration between Dunkin’ Donuts and The Discovery Channel and the marketing campaign they have created, click here

Growing Off-Premise Profitability Through Technology

 

Erle Dardick has been in the catering business for fifteen years and is known as the expert when it comes to helping multi-unit restaurants create successful catering revenue channels. Erle also founded a software, MonkeyMedia Software, that provides catering solutions to multi-unit restaurant operators.  The use of online and mobile ordering technology is the strongest sales and marketing tool to grow a business. Research shows that the average ticket is 30% higher on online ordering platforms than it is in-stores. In order to have a successful online ordering platform that is quick, easy and efficient in order to meet customers’ demands, a solid strategy must be put in place to promote the platform. Below are Erle Dardicks’s five marketing methods to promote an online catering platform:

1. Make your platform user friendly. The online and mobile ordering platforms should be very customer friendly and intuitive. It should be set up in a way that satisfies the needs of the customer in a user-friendly manner.

2. Determine the best way to drive frequency. Promotional offers and/or discounts on group orders over are a good way to increase ordering frequency. Rewards and loyalty programs are also a great tool to promote the online platform.

3. Drive in-store traffic to your online and mobile ordering platforms. Good signage in-stores that promote the catering program and online/mobile ordering platforms will increase awareness. Staff should also be trained to redirect callers who call in to place an order from the store to the online/mobile ordering platform (they could also offer a promotional code for a first time use of the service).

4. Reward first-time users.  Incentivizing first-time users of the online/mobile ordering platforms is of utmost importance. Research shows that consumers find it easier to redeem coupons and promotions online or through mobile devices, and will do so when prompted. This means that restaurant operators have an increased opportunity to promote their off-premise program through promotional offers that will drive online and mobile ordering, increasing sales as a result. The follow-up with these first-time users will prove useful as it is an opportunity to gather important information about their experience.

 

5. Follow-up about the customer experience. Feedback about the online and mobile ordering process and experience is important because it allows you to discover what customers like and what they believe has some room for improvement. It is as important to really ask the correct questions; ie. Were there any concerns after placing an order? Was everything to their satisfaction?

 

To read more about the way the proper technology tools can grow off-premise profitability, click here

Lessons For Launching a Startup Concept

Tom Jednorowicz, Founder and CEO of Meatheads in Chicago, has had 20-plus years experience with fast casual early-stage high-growth restaurant concepts. While launching his own startup concept he learned a few lessons and is sharing these along with a few tips for any startup concept.

1. Any startup business plan needs to be flexible.The startup business plan should prepare for short term financial viability; it should not be interpreted too literally as it can create tension in the decision-making process which can stifle growth because it does not allow for adaptations to changes in the marketplace. Growth should not be defined solely by the business plan.

2. Execution: Create an atmosphere of winning for both employees and customers.It is crucial to implement training programs for employees in both front and back of house positions to make sure the guests are enjoying their experience. It is important to make sure this experience is consistent in order to ensure repeat clientele. Employees who excel at providing opportunities for growth within the company should be rewarded as it will result in a high employee retention rate.

3. Take care of every customer.
A guest experience is not solely based on the food but on the service in general and how it all ties in together as a whole. This is why it is important to ensure each customer is having an enjoyable experience by anticipating guests’ needs and going above and beyond to rectify minor mistakes when handling customer complaints.

4. Branding: It’s okay to modify your brand and target audience.
Embrace the changes that can be observed after opening whether it means having a different clientele than anticipated or different brand priorities. Make changes to further adapt with the updated business plan by for example, changing the logo, adding new menu items, changing the ambiance and/or physical decor, and generally finding methods to gain customer loyalty as it will drive success.

5. Community: Hyperlocal connections will help your business establish roots.
“Connect with customers in your restaurant’s backyard first, then expand your reach.” Give the community an opportunity to learn about your brand and what it represents by having a soft opening. The importance of being accepted in the local community should not be understated.

To read more advice from Tom Jednorowicz on opening a restaurant startup, click here

New Competition for Shake Shack from Beijing

Uncle Sam Fast Food, a Bejing-based hamburger chain has signed a lease to open its first U.S. restaurant location. The fast food hamburger joint is set to open in a 5,600 square-foot space on Fifth Avenue in the NoMad neighborhood which just so happens to be located in between McDonald’s and Shake Shack and in the near vicinity of a Wendy’s and Smashburger. Uncle Sam Fast Food’s goal is to prepare the best Chinese-American burger and is meant to compete at the same level as Shake Shack.

The American-Chinese burger chain is owned by Bai Zhiming, a Beijing entrepreneur whose company registered US trademarks for the names Uncle Sam’s Famous American Burger and Uncle Sam’s earlier in the year. The reason the chain landed on a location between 31st and 32nd streets as opposed to Times Square or the West Village (where they also considered opening) was due to a high traffic volume from tourists and office workers.

The previous occupant of the space was deli Café Feastro which opened in 2009 and has been closed since November. Whilst challenging the likes of Shake Shack or McDonald’s may seem tricky and difficult, Uncle Sam Fast Food may still prove to operate better than the previous tenant in the space. Dennir Karr, a Newmark Grubb Knight Frank broker who represented the Beijing-based hamburger chain in the deal along with NGKF’s Jonathan Krivine and Jessica Tu of CJ Net Inc. states that, “they have additional restaurants in China and they’re using this somewhat as a laboratory for reaching customers.”

To read more about the opening of Uncle Sam fast Food in NoMad, click here