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Liberal_in_LA

(44,397 posts)
Wed Feb 11, 2015, 03:59 PM Feb 2015

Vietnamese refuge who developed Sriracha didn't trademark the name

With no trademark, Sriracha name is showing up everywhere

Wander down almost any supermarket aisle and it's easy to spot one of the food industry's hottest fads. Sriracha, the fiery red Asian chili sauce, has catapulted from a cult hit to flavor du jour, infusing burgers, potato chips, candy, vodka and even lip balm.

That would seem like a boon for the man who made the sauce a household name. Except for one glaring omission.

David Tran, a Vietnamese refugee who built the pepper empire from nothing, never trademarked the term, opening the door for others to develop their own sauce or seasoning and call it Sriracha.

That's given some of the biggest names in the food business such as Heinz, Frito-Lay, Subway and Jack in the Box license to bank off the popularity of a condiment once named Bon Appétit magazine's ingredient of the year.

Restaurant chains and candy and snack makers aren't buying truckloads of Tran's green-capped condiment emblazoned with the rooster logo. Nor are they paying Tran a dime in royalties to use the word "Sriracha" (pronounced "see-RAH-cha&quot .

"In my mind, it's a major misstep," said Steve Stallman, president of Stallman Marketing, a food business consultancy. "Getting a trademark is a fundamental thing."

http://www.latimes.com/business/la-fi-sriracha-trademark-20150211-story.html#page

42 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Vietnamese refuge who developed Sriracha didn't trademark the name (Original Post) Liberal_in_LA Feb 2015 OP
That's a bummer. zappaman Feb 2015 #1
what does it taste like? Liberal_in_LA Feb 2015 #3
Heaven. zappaman Feb 2015 #5
Hate. It tastes like hate. lumberjack_jeff Feb 2015 #7
WRONG WRONG YOU ARE WRONG WRONG SIR Warren DeMontague Feb 2015 #24
Hey, careful man... there's a beverage here. lumberjack_jeff Feb 2015 #30
Tapatio is good stuff, except for the logo. Warren DeMontague Feb 2015 #31
Heh. +1 n/t lumberjack_jeff Feb 2015 #32
I like spicy food; that's why I don't like Sriracha REP Feb 2015 #34
I had a passionate love affair with it about 10 years ago. Warren DeMontague Feb 2015 #35
I think you are Dorian Gray Feb 2015 #37
She bought it for me, (she doesn't like spicy food), but the kids do like it when they visit. lumberjack_jeff Feb 2015 #41
it's good, but I find it a little vinegary, like Tabasco. hifiguy Feb 2015 #17
He could always market/trademark "Original Sriracha". n/t PoliticAverse Feb 2015 #2
People should boycott those products Politicalboi Feb 2015 #4
To me, nothing can beat the original for taste. benz380 Feb 2015 #6
I actually saw (and used) a version from Hong Kong in the Embarcadero food court in SF KamaAina Feb 2015 #11
I love it on Vietnamese dishes along with nuuc mam aint_no_life_nowhere Feb 2015 #8
Funny nuoc mam story KamaAina Feb 2015 #12
I read somewhere that the Viet Cong could track U.S. soldiers from the smell of beef in their sweat aint_no_life_nowhere Feb 2015 #14
Good fish sauce makes many things better. hifiguy Feb 2015 #18
You're partial to crabs? KamaAina Feb 2015 #21
It's only 3 crabs though. n/t benz380 Feb 2015 #40
That's the only brand my Vietnamese daughter-in-law will buy. n/t benz380 Feb 2015 #39
Sriracha is so 90's :) Retrograde Feb 2015 #9
I find Millennial 90s nostalgia to be funny, and a bit frightening- for me. Warren DeMontague Feb 2015 #25
He might not have been able to KamaAina Feb 2015 #10
+1...Same thing with Red Bull Energy Drink Blue_Tires Feb 2015 #13
That'd be like Heinz trying to trademark "ketchup" Spider Jerusalem Feb 2015 #15
Hmmm. I see a bird and a green cap. KamaAina Feb 2015 #16
They'd probably have a case under "confusingly similar" Spider Jerusalem Feb 2015 #19
he was featured on Andrew Zimmern recently CatWoman Feb 2015 #22
I just had some of this on my sushi for lunch. Thank you sir t'was yummy NightWatcher Feb 2015 #20
Lip balm?! KamaAina Feb 2015 #23
Hey, at least they didn't include hemorrhoid cream pinboy3niner Feb 2015 #26
Another DUzy for pinboy3niner! KamaAina Feb 2015 #27
I thought that's what bhut jolokia peppers are for? FrodosPet Feb 2015 #33
Now I want Pho. Thanks. :) tridim Feb 2015 #28
I have a 17 oz bottle of it right next to my chair. Jackpine Radical Feb 2015 #29
i'm not sure if the guy is that much into money JI7 Feb 2015 #36
Have you ever tried to trademark something? Taitertots Feb 2015 #38
I agree with those who say his is still the best. I'll even pay a bit more for it, closeupready Feb 2015 #42
 

lumberjack_jeff

(33,224 posts)
7. Hate. It tastes like hate.
Wed Feb 11, 2015, 04:17 PM
Feb 2015

It is the worst hot sauce I've ever had, and I'm not finding it to be an acquired taste. My wife thoughtfully but unfortunately bought a large bottle of the stuff, and I'm about half way through it.

Warren DeMontague

(80,708 posts)
24. WRONG WRONG YOU ARE WRONG WRONG SIR
Wed Feb 11, 2015, 07:29 PM
Feb 2015

IM SORRY I CAN STAND FOR JUST ABOUT ANY SORT OF BLASPHEMY BUT THIS AGGRESSION WILL NOT STAND, MAN


It's like this friend I have who I agree with on like 99% of everything... politics, music, philosophy- but they're like "I hate spicy food"

WHAT?

...anyway--- you buy pho whaddaya put in it? Salt? Ewwwwwwwwwwww.

 

lumberjack_jeff

(33,224 posts)
30. Hey, careful man... there's a beverage here.
Thu Feb 12, 2015, 01:26 AM
Feb 2015

I don't dislike the gooey crap because it's too hot, although it may be a tiny bit so because it doesn't flow like any self-respecting hot sauce should.

I find every other kind of hot sauce superior, but I'm really fond of Tapatio.

Warren DeMontague

(80,708 posts)
31. Tapatio is good stuff, except for the logo.
Thu Feb 12, 2015, 01:34 AM
Feb 2015

For some reason they've got John Edwards in a sombrero, on the thing. It aint right.



Cholula chili lime, now that's the shit.

REP

(21,691 posts)
34. I like spicy food; that's why I don't like Sriracha
Thu Feb 12, 2015, 02:16 AM
Feb 2015

I usually just make my own hot oil, so no "x brand name is better." Just think Sriracha is gross.

Warren DeMontague

(80,708 posts)
35. I had a passionate love affair with it about 10 years ago.
Thu Feb 12, 2015, 02:31 AM
Feb 2015

Now it's just another one in the rotation. So I hear ya.

Dorian Gray

(13,490 posts)
37. I think you are
Thu Feb 12, 2015, 07:30 AM
Feb 2015

objectively wrong.

But, if you hate it, why don't you just throw it out? Or let your wife use it and you use whatever sauce you like?

 

lumberjack_jeff

(33,224 posts)
41. She bought it for me, (she doesn't like spicy food), but the kids do like it when they visit.
Thu Feb 12, 2015, 11:34 AM
Feb 2015

It was a gift of sorts, and I appreciate the sentiment... if not the sauce.

I'm being a bit hyperbolic and countercultural. I don't find it completely intolerable but I will surreptitiously buy some tapatio and use that instead.

 

hifiguy

(33,688 posts)
17. it's good, but I find it a little vinegary, like Tabasco.
Wed Feb 11, 2015, 07:21 PM
Feb 2015

Which means it doesn't go with any old thing you dump it on. Great in pho, though.

 

Politicalboi

(15,189 posts)
4. People should boycott those products
Wed Feb 11, 2015, 04:08 PM
Feb 2015

Till the original guy gets some money. It's like finding $20.00 on the street, and you saw the person who dropped it. If you keep it, it's stealing. Just like these vultures are doing to Mr.Tran.

benz380

(534 posts)
6. To me, nothing can beat the original for taste.
Wed Feb 11, 2015, 04:16 PM
Feb 2015

I've never seen any other but Tran's brand in Asian restaurants.
My daughter-in-law is Vietnamese and a wonderful cook.
She makes the best pho I have ever had anywhere. It takes her 2-3 days to make it.

 

KamaAina

(78,249 posts)
11. I actually saw (and used) a version from Hong Kong in the Embarcadero food court in SF
Wed Feb 11, 2015, 06:46 PM
Feb 2015

It was in little foil packets like Mickey D's uses for ketchup. Perhaps Tran doesn't make those.

 

KamaAina

(78,249 posts)
12. Funny nuoc mam story
Wed Feb 11, 2015, 06:49 PM
Feb 2015

During the Vietnam War, the U.S. Army came up with the idea of tracking Viet Cong soldiers by sniffing out the nuoc mam that they, of course, always ate. They came up with a device that could detect the odor of nuoc mam. But their success was short-lived. The Viet Cong soon figured out that they could confuse the devices by hanging buckets of urine in the trees! Officially, the devices were discontinued because they had "a too-broad spectrum".

aint_no_life_nowhere

(21,925 posts)
14. I read somewhere that the Viet Cong could track U.S. soldiers from the smell of beef in their sweat
Wed Feb 11, 2015, 07:11 PM
Feb 2015

During the French Indochina war, French soldiers were told to eat native foods and nuuc mam because of this.

 

hifiguy

(33,688 posts)
18. Good fish sauce makes many things better.
Wed Feb 11, 2015, 07:22 PM
Feb 2015

When used with a gentle touch. I'm partial to Three Crabs brand.

Retrograde

(10,133 posts)
9. Sriracha is so 90's :)
Wed Feb 11, 2015, 05:39 PM
Feb 2015

The cafeteria at work used to have bottles of it along with other condiments back then. Now that the rest of the country has caught up it's apparently a "new" fad.

IANAL, but isn't the term sriracha about as distinctive as ketsup (or however you want to spell it)? That is, he can trademark the rooster on the bottle with the green cap, and copyright his particular recipe, but if it's a traditional sauce he may have problems getting the concept trademarked.

Warren DeMontague

(80,708 posts)
25. I find Millennial 90s nostalgia to be funny, and a bit frightening- for me.
Wed Feb 11, 2015, 07:32 PM
Feb 2015

I'm only sort of dimly aware that they're over.

 

KamaAina

(78,249 posts)
10. He might not have been able to
Wed Feb 11, 2015, 06:45 PM
Feb 2015
http://en.wikipedia.org/wiki/Sriracha_sauce

Sriracha (Thai: ศรีราชา, [sǐː.rāː.tɕʰāː] ( listen)) is a type of hot sauce or chili sauce made from a paste of chili peppers, distilled vinegar, garlic, sugar, and salt. It is named after the coastal city of Si Racha, in Chonburi Province of eastern Thailand, where it was possibly first produced for dishes served at local seafood restaurants.


So Tran did not "develop" sriracha, he merely created a particularly good version of it.
 

Spider Jerusalem

(21,786 posts)
15. That'd be like Heinz trying to trademark "ketchup"
Wed Feb 11, 2015, 07:11 PM
Feb 2015
?v=2

That's sriracha, from Thailand, where it originates.
 

KamaAina

(78,249 posts)
16. Hmmm. I see a bird and a green cap.
Wed Feb 11, 2015, 07:19 PM
Feb 2015

He's lucky Flying Goose doesn't come after him for infringing their trademark!

 

Spider Jerusalem

(21,786 posts)
19. They'd probably have a case under "confusingly similar"
Wed Feb 11, 2015, 07:24 PM
Feb 2015

Flying Goose as far as I know isn't exported to the US, at least not in volume; it's the most readily-available sriracha here in the UK and elsewhere in Europe, though. (Seeing it here kind of made me wonder whether Huy Fong decided to copy the look of something that Asian customers would have already been familiar with from home.)

Jackpine Radical

(45,274 posts)
29. I have a 17 oz bottle of it right next to my chair.
Wed Feb 11, 2015, 07:39 PM
Feb 2015

I still have the tastes in my mouth of crackers, hummus & Sriracha.

I am prepared to swear my fealty to the Rooster.

JI7

(89,246 posts)
36. i'm not sure if the guy is that much into money
Thu Feb 12, 2015, 02:35 AM
Feb 2015

i think he would like to do well with his own company and make money from there to live comfortably . but i'm not sure if he is into building greater and greater wealth and work out all these corporate deals to get richer and richer.

 

Taitertots

(7,745 posts)
38. Have you ever tried to trademark something?
Thu Feb 12, 2015, 07:39 AM
Feb 2015

The process makes it very difficult for people/corporations that are not wealthy.

 

closeupready

(29,503 posts)
42. I agree with those who say his is still the best. I'll even pay a bit more for it,
Thu Feb 12, 2015, 11:40 AM
Feb 2015

because the other kinds are too sweet, or too hot or have added flavors that don't belong.

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