Law and Tech A weblog on Law and Technology

2Sep/100

Invention of the Day: Fried Beer

[Ed Note: Yeah, it seems like I talk about beer a lot.  It just seems like a fun topic.]

Fried Beer

Fried Beer

As the Dallas News reports:

Booze is generating a buzz for the State Fair of Texas, as fried-alcohol dishes made the list of top new fair foods announced Wednesday.

. . .

Fried Beer is a beer-filled pretzel-like dough pocket that's shaped like ravioli. Take a bite and the beer pours out.

What's even more interesting is that in the video that accompanies the article Mark Zable, the inventor, says that he patented the process of making the fried beer and trademarked the name "fried beer."

What struck me first:  doesn't "fried beer" seem a little too descriptive, for trademark purposes, of the product (fried beer) to obtain a trademark on the principal register?  Yup.  According to filings with the PTO Zable's not even going for the principal register instead starting with the supplemental register in international class 30 "Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés."  This application has not been assigned to an examining attorney yet.

Second, in the video he mentions "you know what, I didn't figure it out, my four and a half year old did."  Meaning his four and a half year old figured out the secret process to fry the beer; "and it works."  Since this application appears to be recently filed and not published, I can't tell who the listed inventors are but if the four year old is not listed, is there a § 102(f) problem?  And if a four and a half year old came up with it, is there an obviousness problem?

So, if you're headed to the Texas State Fair be sure to try the fried beer.