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	Comments on: MARKETMAN/ZUBUCHON COPIED YOUR PRODUCT? DO YOU KNOW WHAT THE TERM “LIBEL” MEANS?	</title>
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	<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means</link>
	<description>A food blog that talks about food, produce, recipes, ingredients, restaurants and markets here in the Philippines and around the globe.</description>
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		<title>
		By: Hermie		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-484433</link>

		<dc:creator><![CDATA[Hermie]]></dc:creator>
		<pubDate>Wed, 05 Jun 2013 02:07:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-484433</guid>

					<description><![CDATA[Hi MM. They just opened a branch in Savemore of Festival SuperMall in Alabang last week. I haven&#039;t tried it yet. Sana ZubuChon na lang.]]></description>
			<content:encoded><![CDATA[<p>Hi MM. They just opened a branch in Savemore of Festival SuperMall in Alabang last week. I haven&#8217;t tried it yet. Sana ZubuChon na lang.</p>
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		<title>
		By: stephanie		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-456461</link>

		<dc:creator><![CDATA[stephanie]]></dc:creator>
		<pubDate>Sun, 24 Mar 2013 17:41:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-456461</guid>

					<description><![CDATA[Well as a customer, i dont really care what is happening between this 2 food companies, what i care about is the food or the product itself, I&#039;ve been out of the country for more than 2 yrs when i came back i went first to Zubuchon then just last friday &#038; today we went to Cebus original pork belly in parkmall, but sorry to tell you that the latter tasted delicious and the service is good also, but to a lighter side eating  too much pork is dangerous to our health , so just take it easy people :-)]]></description>
			<content:encoded><![CDATA[<p>Well as a customer, i dont really care what is happening between this 2 food companies, what i care about is the food or the product itself, I&#8217;ve been out of the country for more than 2 yrs when i came back i went first to Zubuchon then just last friday &amp; today we went to Cebus original pork belly in parkmall, but sorry to tell you that the latter tasted delicious and the service is good also, but to a lighter side eating  too much pork is dangerous to our health , so just take it easy people :-)</p>
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		<title>
		By: Marketman		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-383435</link>

		<dc:creator><![CDATA[Marketman]]></dc:creator>
		<pubDate>Fri, 16 Nov 2012 05:07:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-383435</guid>

					<description><![CDATA[Gigige,  unfortunately, I am in the middle of litigation on this one, and cannot discuss it publicly, I trust you will understand.  Suffice it to say that I pursue my legal rights when I think the issue at hand is important enough to take the trouble to do so... :)]]></description>
			<content:encoded><![CDATA[<p>Gigige,  unfortunately, I am in the middle of litigation on this one, and cannot discuss it publicly, I trust you will understand.  Suffice it to say that I pursue my legal rights when I think the issue at hand is important enough to take the trouble to do so&#8230; :)</p>
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		<title>
		By: Gigige		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-383395</link>

		<dc:creator><![CDATA[Gigige]]></dc:creator>
		<pubDate>Fri, 16 Nov 2012 03:00:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-383395</guid>

					<description><![CDATA[Hi sir, any update on this? It came to mind when i saw ms. Lori&#039;s recent post about a meal she had at their place...]]></description>
			<content:encoded><![CDATA[<p>Hi sir, any update on this? It came to mind when i saw ms. Lori&#8217;s recent post about a meal she had at their place&#8230;</p>
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		<title>
		By: Sara		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-363581</link>

		<dc:creator><![CDATA[Sara]]></dc:creator>
		<pubDate>Fri, 31 Aug 2012 05:19:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-363581</guid>

					<description><![CDATA[Hi Marketman, thanks for the reply. It sure cleared my issues on food copycatting :)]]></description>
			<content:encoded><![CDATA[<p>Hi Marketman, thanks for the reply. It sure cleared my issues on food copycatting :)</p>
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		<title>
		By: Marketman		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-363513</link>

		<dc:creator><![CDATA[Marketman]]></dc:creator>
		<pubDate>Thu, 30 Aug 2012 16:25:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-363513</guid>

					<description><![CDATA[Sara, that is a pretty straightforward thing for me.  First of all, I believe it is generally accepted norm that recipes CANNOT be copyrighted.  However, the prose surrounding a recipe written in a book, cookbook, blog, etc. CAN BE COPYRIGHTED.  I think the argument is that it&#039;s difficult to ascribe as truly ORIGINAL any concoction.  And that&#039;s why many things are branded and the brand name is registered/copyrighted.  So in a sense, if you could isolate all of the ingredients in Coke and their relative volumes, you could offer a very similar product, if not identical, but you couldn&#039;t call it Coke.	

It&#039;s also generally accepted in editorial/publisher/related circles that changing three major ingredients or methods or steps does make a recipe different enough not to be an exact copy... HOWEVER it is norm and good practice to mention the inspiration in the header to the recipe or in the bibliography.  It&#039;s not necessary, but viewed to be proper and in good taste.

So the issue with respect to food is not as straightforward as it might be in the sense of plagiarism or stealing other types of intellectual property rights like a patented invention.  In the issue raised in the post above, a competitor or someone related to a competitor specifically claims Zubuchon &quot;copied&quot; their &quot;original&quot; product.  It was my position that they were neither original in the type of product, the way it was made, the name, etc. AND we couldn&#039;t have &quot;copied&quot; them as we actualy had such a product or similar one on offer in Cebu months before they sold theirs.

But back to the recipe issue you raise.  Creme brulee is a classic dish that appears in thousands of restaurants today.  In its most modern reincarnation, the dish is attribbuted to Sirio Maccioni of Le Cirque fame, who put it on his menu in the late 1970&#039;s or was it early 1980&#039;s and wowed his clients.  He clearly acknowledges his inspiration was a spanish dessert or such that he tasted while on a holiday to Spain.  He made his version and called it creme brulee.  But the history books go further back, and a dessert by that name antidates him by say another 100 years or so... the point is, he never claimed for it to be his and only his invention.  He took from another dish, he openly acknowledged it, and he never lay claim to owning the recipe and not allowing others to use it.  Instead, creme brulee went on to become one of the most popular desserts in the succeeding decades.

Personally, I find it appalling when people think they &quot;own&quot; a recipe.  However, I absolutely DO RESPECT the concept of copyright as it applies to say cookbooks...  

Naming where the inspiration comes from, or simple attribution, is so incredibly easy to do.  My point is, why not just do that so that there is no doubt how you arrived at the recipe?]]></description>
			<content:encoded><![CDATA[<p>Sara, that is a pretty straightforward thing for me.  First of all, I believe it is generally accepted norm that recipes CANNOT be copyrighted.  However, the prose surrounding a recipe written in a book, cookbook, blog, etc. CAN BE COPYRIGHTED.  I think the argument is that it&#8217;s difficult to ascribe as truly ORIGINAL any concoction.  And that&#8217;s why many things are branded and the brand name is registered/copyrighted.  So in a sense, if you could isolate all of the ingredients in Coke and their relative volumes, you could offer a very similar product, if not identical, but you couldn&#8217;t call it Coke.	</p>
<p>It&#8217;s also generally accepted in editorial/publisher/related circles that changing three major ingredients or methods or steps does make a recipe different enough not to be an exact copy&#8230; HOWEVER it is norm and good practice to mention the inspiration in the header to the recipe or in the bibliography.  It&#8217;s not necessary, but viewed to be proper and in good taste.</p>
<p>So the issue with respect to food is not as straightforward as it might be in the sense of plagiarism or stealing other types of intellectual property rights like a patented invention.  In the issue raised in the post above, a competitor or someone related to a competitor specifically claims Zubuchon &#8220;copied&#8221; their &#8220;original&#8221; product.  It was my position that they were neither original in the type of product, the way it was made, the name, etc. AND we couldn&#8217;t have &#8220;copied&#8221; them as we actualy had such a product or similar one on offer in Cebu months before they sold theirs.</p>
<p>But back to the recipe issue you raise.  Creme brulee is a classic dish that appears in thousands of restaurants today.  In its most modern reincarnation, the dish is attribbuted to Sirio Maccioni of Le Cirque fame, who put it on his menu in the late 1970&#8217;s or was it early 1980&#8217;s and wowed his clients.  He clearly acknowledges his inspiration was a spanish dessert or such that he tasted while on a holiday to Spain.  He made his version and called it creme brulee.  But the history books go further back, and a dessert by that name antidates him by say another 100 years or so&#8230; the point is, he never claimed for it to be his and only his invention.  He took from another dish, he openly acknowledged it, and he never lay claim to owning the recipe and not allowing others to use it.  Instead, creme brulee went on to become one of the most popular desserts in the succeeding decades.</p>
<p>Personally, I find it appalling when people think they &#8220;own&#8221; a recipe.  However, I absolutely DO RESPECT the concept of copyright as it applies to say cookbooks&#8230;  </p>
<p>Naming where the inspiration comes from, or simple attribution, is so incredibly easy to do.  My point is, why not just do that so that there is no doubt how you arrived at the recipe?</p>
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		<title>
		By: Sara		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-363504</link>

		<dc:creator><![CDATA[Sara]]></dc:creator>
		<pubDate>Thu, 30 Aug 2012 14:12:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-363504</guid>

					<description><![CDATA[Hi Marketman, 

Just want to get your opinion on a scenario: let&#039;s say a very famous chef from lala-land re-invents a classic recipe, put his spin on it and gave it a much refreshed, modern look, made different permutations of its designs and flavors. Nobody in his land dared to do what he did because it was his concept, his &quot;signature.&quot; Any serious lala-land chef knows he would come off as an imitator &#038; opted to make the dish in their own design or in its classic, generic look.

But along came another chef from lili-land who took the foreign chef&#039;s concept and began selling the product with the same &quot;look&quot;, slightly different decorations and flavors in his homeland. To quote Inquirer writer, A. Vergara: &quot;When does inspiration end and knocking-off begins?&quot; – especially when it comes to food?]]></description>
			<content:encoded><![CDATA[<p>Hi Marketman, </p>
<p>Just want to get your opinion on a scenario: let&#8217;s say a very famous chef from lala-land re-invents a classic recipe, put his spin on it and gave it a much refreshed, modern look, made different permutations of its designs and flavors. Nobody in his land dared to do what he did because it was his concept, his &#8220;signature.&#8221; Any serious lala-land chef knows he would come off as an imitator &amp; opted to make the dish in their own design or in its classic, generic look.</p>
<p>But along came another chef from lili-land who took the foreign chef&#8217;s concept and began selling the product with the same &#8220;look&#8221;, slightly different decorations and flavors in his homeland. To quote Inquirer writer, A. Vergara: &#8220;When does inspiration end and knocking-off begins?&#8221; – especially when it comes to food?</p>
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		<title>
		By: emmanuel		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-361878</link>

		<dc:creator><![CDATA[emmanuel]]></dc:creator>
		<pubDate>Sat, 11 Aug 2012 17:27:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-361878</guid>

					<description><![CDATA[what a brat!! MM you should teach this milk drinker a lesson....this man is a joke...a wannabe.
All zubuchon lovers unite!!!!!]]></description>
			<content:encoded><![CDATA[<p>what a brat!! MM you should teach this milk drinker a lesson&#8230;.this man is a joke&#8230;a wannabe.<br />
All zubuchon lovers unite!!!!!</p>
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		<title>
		By: Firechef		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-361825</link>

		<dc:creator><![CDATA[Firechef]]></dc:creator>
		<pubDate>Sat, 11 Aug 2012 03:02:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-361825</guid>

					<description><![CDATA[Hey MM!

Don&#039;t let this moron teenager bother you, obviously he is lacking quite a bit of education!

Boneless lechon is nothing new, my lola &#038; lolo used to make it every christmas in germany when I was a kid, that was 60+ years ago. I have also made it at times at my restaurant/bar in the Seattle, Washington area about 20 years ago.

So this kid&#039;s claim is preposterous, but the norm for the Phils. If something works, the rest will jump on the bandwagen and claim it as it&#039;s own! They are NO competition, so best thing is to ignore them, that will piss them off more than playing THEIR stupidit game.

Btw, you are on my favorite list on my pc and I check every day if you have something new. I&#039;ll be in Mactan next year, asawa ko and my little brat Ecel live in Cordova, so expect us at your restaurant to get some fine food, ingat ka!]]></description>
			<content:encoded><![CDATA[<p>Hey MM!</p>
<p>Don&#8217;t let this moron teenager bother you, obviously he is lacking quite a bit of education!</p>
<p>Boneless lechon is nothing new, my lola &amp; lolo used to make it every christmas in germany when I was a kid, that was 60+ years ago. I have also made it at times at my restaurant/bar in the Seattle, Washington area about 20 years ago.</p>
<p>So this kid&#8217;s claim is preposterous, but the norm for the Phils. If something works, the rest will jump on the bandwagen and claim it as it&#8217;s own! They are NO competition, so best thing is to ignore them, that will piss them off more than playing THEIR stupidit game.</p>
<p>Btw, you are on my favorite list on my pc and I check every day if you have something new. I&#8217;ll be in Mactan next year, asawa ko and my little brat Ecel live in Cordova, so expect us at your restaurant to get some fine food, ingat ka!</p>
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		<title>
		By: netoy		</title>
		<link>https://www.marketmanila.com/archives/marketmanzubuchon-copied-your-product-do-you-know-what-the-term-libel-means#comment-358991</link>

		<dc:creator><![CDATA[netoy]]></dc:creator>
		<pubDate>Tue, 24 Jul 2012 19:35:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=25888#comment-358991</guid>

					<description><![CDATA[thanks. perhaps another update when the case is adjudicated? 

more power to you!]]></description>
			<content:encoded><![CDATA[<p>thanks. perhaps another update when the case is adjudicated? </p>
<p>more power to you!</p>
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