Q: Post formulas
Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are only my assumptions) and then rate products based on my algorithm? Won’t I be attacked by food companies for posting false information about their products or violating their trade secret or misleading consumers?
A: The question you pose could cover several areas of intellectual property. For example, a trade secret is not violated if you figure it out without violating a legal obligation to keep the secret. I assume you have no contract of non-disclosure with the manufacturer. If you can figure out the formula of the recipe by using publicly available information and then by running it through your algorithm, such would not be violating a trade secret obligation. However, how you then use your collected information raises other questions, as you note. It would be best to work with business counsel familiar with trademark law.
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