SENSATIONAL SEAFOOD
New ways to highlight fish and seafood on your menu By Laura McGuire
SEAFOOD
Canada has a bounty of waters to fish from, but little has changed over the years with fish and seafood offerings at restaurants. The predictable plating of fish and seafood is partly due to chefs continuing to cook with the same traditional species like salmon and tuna, and running short of ideas of how to bring these dishes to the forefront of menus. But all that is changing as operators are now getting more creative with fish and seafood. Let’s take a look at some emerging applications for these items. SEAFOOD AND FISH BLENDS
One opportunity to make seafood and fish standout on menus is to craft dishes that combine multiple species, as is the case with the Jerk Fish dish at Red Fish Blue Fish in Victoria, B.C. This fusion of ha l ibut , co d , sa l mon a nd t u na harmoniously balances multiple flavours
and textures, and is enhanced by simmering the fish in a Caribbean jerk sauce with sriracha. Blends can also combine fish and seafood with other proteins as part of imaginative reinterpretations of surf and turf dishes, which traditionally pair steak with lobster or prawns. Examples of this include the Tiger Prawn & Chorizo Hash dish at Fish Shack in Vancouver, and the Lamb & Lobster Burger with Ca mbozola cheese, guacamole and oven-dried tomato-
mango salsa at Big Fish in Calgary. For consumers, seafood and f ish blends are appealing because these combos offer novel flavour profiles to sample, yet are still approachable because many of the fish and seafood used are already familiar to and liked by diners. For operators, blends open up new channels for culinary development. Innovation could include working with unfamiliar species to featuring fish combinations in burger patties or atop salads. BOWLS AND TACOS
Another avenue for fish and seafood is to feature these offerings in bowl and taco applications. These on-trend formats can be served at both limited-service and full-service restaurants; as brunch, lunch or dinner meals; and with a variety of seafood and fish species. L i m it e d - s e r v i c e o p e r at o r s c a n emphasize the portability of these dishes, whereas full-service restaurants have opportunities to highlight mini tacos and bowls of ceviches or pokes as shareable appetizers or small plates. For both seafood bowls and tacos, customizability is a big draw for diners (especially Millennials). Having a buildyour-own option for these dishes allows guests to select their preferred fresh, premium and craveable ingredients to pair with a specific type of fish or seafood. Hamilton, Ont., restaurant Pokeh is at the forefront of this emerging trend, serving both signature and create-yourown bowls that spotlight poke — a Hawaiian fish salad with Asian-inspired ingredients traditionally made with chunks of raw ahi or yellowfin tuna, 28 August/September 2016 | Canadian Restaurant & Foodservice News
SEAFOOD
along with green onions, sea salt, chili peppers and soy sauce. The restaurant’s customizable format allows patrons to choose from more than 20 different toppings ranging from gluten-free and vegan ingredients to premium options; a sampling of toppings includes tamari pickled tofu, salmon, ahi tuna, cucumber noodles, yuzu kosho sauce, spicy kewpie mayonnaise, avocado and jicama. Another menu prospect is adding an ethnic twist to seafood bowls and tacos, as seen at Asian taco joint Tacoreano in Coquitlam, B.C. Its limited menu of gourmet Asian-inspired tacos includes an albacore tuna poke taco with romaine, wakame, ginger and wasabi mayonnaise.
In addition to wakame, ginger and wasabi, chefs ca n feature other complementary Asian ingredients in these bowls and tacos, including: • Sriracha — a bright red Thai sauce that mixes sun-ripened chilies, garlic, sugar, salt and vinegar • Gochujang — a Korean chili bean paste or sauce with salty and spicy f lavours, made with fermented soybeans, dried chilies, garlic and other seasonings • Mirin — a low-alcohol, sweet golden wine made from glutinous rice, used in Japanese cuisine to add flavour to dishes, sauces and glazes • Sambal — popular throughout Indonesia, Malaysia and southern India, sambal traditionally consists of a mixture of chilies, brown sugar and salt, but multiple variations of this blend also exist Operators can look beyond Asia to feature global interpretations in seafood bowls and tacos, such as adding guacamole, salsa or chipotle crema for a Baja-Mexican twist, or pineapple, black
Oysters: An ocean delicacy that can easily fit your menu! By Sal Battaglia Oysters have been a staple for restaurants in major cities across Canada for many years. But with the delicious mollusc on trend right now, it’s a menu item that almost any restaurant can serve. Whether it’s a “buck-a-shuck” or pairing the oyster with the proper wine, vodka or whiskey, being in Canada, there are many options to choose from which can work at any level of restaurant. The interesting and little known fact is that Canada actually has one of the largest selections of oysters available in the world. Not only are our East and West coast oysters considered among the best in the world, Canada also has many trade agreements in place with the USA, Europe and New Zealand to import and export oysters. Not even the United States has the agreements in place as Canada does. Whether it’s a West Mersea Rock Oyster from England or a Kaipara Oyster from New Zealand, so many of these oysters are only available in Canada when it comes to trying them in North America. In addition to be being very popular right now, the best thing about oysters is that each region and area produces a different taste, shape and colour. Whether it’s a salty, cucumber taste or a briny, sweet and fruitful
flavour, oysters are very similar to wine in that the various regions can produce a unique offering. Plus, you can take part in conserving our oceans since oysters are widely considered a great sustainable seafood option! All farmed oysters around the world have some of the best practices in place for cultivating them and they are considered Ocean Wise-recommended and Green SeaChoice ranked. By adding oysters to your menu, you can add a tasty ocean delicacy that is relatively easy to handle. Since the oysters are indeed alive when you receive them, all you need to do is keep them refrigerated at 1 to 4C and then shuck away as they are ordered. Selling them by the piece or in groups can yield a nice profit without any additional expenses. For more information on oyster availability in your city, contact your local fish monger today! Sal Battaglia, VP Sales and Marketing, is proud to help lead Seacore Seafood in a sustainable future in managing one of the industry’s leading companies and also having a seat on the board of directors at Sea Pact – a sustainable seafood alliance. For more information visit www.seacore.ca
30 August/September 2016 | Canadian Restaurant & Foodservice News
b e a n s a nd jerk seasoning for a Caribbean spin. These dishes can even feature North African influences with the addition of harissa (a fiery Tunisian hot sauce made with hot chilies, garlic, cumin, coriander, caraway and olive oil) or chermoula (a thick sauce or paste that typically consists of cilantro, garlic, lemon juice, olive oil, parsley, pepper and salt). UNDERUTILIZED SPECIES
As part of the eco-friendly “no waste” movement happening throughout North America, operators are looking to lesser-known species of fish and seafood to promote sustainability and minimize costs. Dubbed “trash” fish or “rough ” f ish by f ishermen, these undervalued species offer operators new possibilities for menu development and can often serve as substitutes for more traditional varieties like halibut. In Montreal, U.K.-inspired Brit and Chips puts its own environmentally conscious f lair on the traditional British staple f ish and chips with
lobster made simple
Each frozen Clearwater Split Lobster comes ‘chef ready’ containing one half tail as well as the meat of one claw & knuckle placed in the body. Easy to thaw, easy to cook, guaranteed to impress. Enhance your menu with Clearwater Split Lobster today.
905.858.9514 | cdnsales@clearwater.ca
clearwater.ca
SEAFOOD
Tuna Offers Tantalizing Versatility By Warren Cameron From mainstream to upscale, tuna is one of the poke is a marinated raw fish salad – a mix of most popular and fastest growing sales items raw bite-sized cubes of seafood, often ahi tuna, with consumers at both retail and foodservice in a soy-based marinade served on a bed of restaurants. It’s hard to believe that at the start rice or greens. But chefs have given the classic of the 20th century, tuna was a relatively Hawaiian dish a modern twist. These days you unheard of source of protein in North America. can find the raw ahi tuna served over a bed of But with the introduction of new fishing kale or quinoa with a myriad of toppings that technologies, tuna quickly became a common are a feast for the eyes as well as the palate. ingredient, albeit from a tin. How things have These modern pokes are proving to be changed since the humble tuna sandwich! popular, health-oriented, tasty, protein-packed Thanks to the popularity of sushi, tuna is in options for a lunch or dinner that’s definitely a demand more than ever. The perfect takeaway step up from the salad and noodle bowl trends food, sushi has become as commonplace as of recent years. the hot dog or hamburger, found practically Tapping into all of these trends, tuna from anywhere — restaurants, QSRs and even the top sushi-quality supplier Anova Food provides airport and local grocery store. operators with a wide variety of convenient The latest hot trend for tuna is poke formats, including steak, loin, saku block, (pronounced po-kay). Similar to sushi or South seared or ground, and now pre-cut poke American ceviche, poke is a food trend that’s cubes. Available year-round, Anova yellowfin taken the West coast by storm and it’s quickly tuna is sashimi grade. The meat is rich in moving CRFN east.2016 Renowned in Hawaiian cuisine, colour and flavourful, pairing well with many Quarter Page.pdf 1 2016-07-14 1:55:31 PM
ingredients. Tuna is great for grilling and is often served seared or rare. It can also be baked, broiled, sautéed and even steamed, lending itself to many recipes. Low in fat and high in omega-3, tuna steaks are a great alternative to beef steaks. Anova’s Seared Ahi Tuna is perfectly seared on the exterior and ready to serve. Starting with a premium quality, sashimi grade ahi tuna block, the meat is already seasoned with cracked black pepper and garlic, seared and sliced. Available in convenient 3 oz. vacuum packed portions, simply thaw and add to an appetizer, salad or entrée for perfect portions every time. Warren Cameron is National Director of Foodservice Sales for Export Packers Company. Export Packers Foodservice is the exclusive Canadian distributor of sustainably sourced, wild-caught Anova® yellowfin tuna. For more information, visit www.oceanjewelseafood.com.
Lobster Made Simple Clearwater Seafoods continues to build a presence in the valueadded seafood category with products like Nova Scotia Prime Split Lobster. The ultimate in convenience, Split Lobster comes ‘chef ready’ containing the raw meat of one half tail and the meat of one claw and knuckle placed in the body. “Clearwater’s Split Lobster was developed specifically to enhance menus and increase profits for foodservice operators,” said Diana Hanus, Senior Marketing Manager, Clearwater Seafoods. Produced through a high-pressure processing system where the meat is released from its shell and frozen, Split Lobster has the same exquisite taste and flavour as Clearwater’s premium hard-shell lobster. This product eliminates the hassle of cooking and shucking live lobster, while also providing chefs with the opportunity to apply a wide range of temperature and cooking methods.
cdnsales@clearwater.ca | Phone: 905-858-9514 | www.clearwater.ca
32 August/September 2016 | Canadian Restaurant & Foodservice News Clearwater_ProductProfile_CRFN_July_2016.indd 1
2016-07-05 10:39 AM
New BattercrispÂŽ Salmon Bites Crispy, battered, wild caught Pacific Salmon morsels.
An exciting alternative to chicken balls and nuggets, new BattercrispÂŽ Salmon Bites are easy to prepare in the deep-fryer or oven and stay crispy and delicious, even when sauced! Seafood is hot and the possibilities are endless with High Liner Seafood Bites. Ask your High Liner Foodservice representative for more information today.
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SEAFOOD
Top Fish on Canadian Menus 1
2
3
4
5
6
7
8
9
10
Salmon
Tuna
Cod
Anchovy
Eel
Halibut
Snapper
Haddock
Tilapia
Trout
Base: Q1 2016—76,177 menu items Source: MenuMonitor, Technomic
Top Seafood on Canadian Menus 1
2
3
4
5
6
7
8
9
10
Shrimp
Tuna
Salmon
Crab
Scallop
Eel
Lobster
Calamari
Prawn
Clam
Base: Q1 2016—925,024 menu items Source: MenuMonitor, Technomic
of ferings such as Orange Crushbattered hake served with chips. Beyond the eco-friendliness and cost savings of cooking with bycatch species like hake, history has proved that gambling on underutilized fish and seafood can pay off in the long run. Prime examples are lobster and monkfish — two species that were previously considered trash fish but have since climbed in status to be highly prized at restaurants today. For operators, the challenge is promoting trash fish as high-quality, tasty offerings to skeptical and cautious diners. Consider increasing the appeal of trash fish by:
• Enhancing trash fish species with gourmet sauces and condiments • Educating diners about why use of the fish is important • Featuring the fish in a familiar and approachable format like fish and chips or a breaded fish sandwich Chefs are turning to Canada’s rich abundance of seafood to cater to diners’ willingness to explore new foods
Laura McGuire is Senior Manager, Content and Editorial, at Technomic in Chicago. Technomic provides clients with the facts, insights and consulting support they need to enhance their business strategies, decisions and results. Its services include publications and digital products, as well as proprietary studies and ongoing research on all aspects of the food industry, Visit www.technomic.com.
Battercrisp® Salmon Bites
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beyond the familiar. Expect to see more innovative uses of f ish and seafood as preparations and techniques like blends and bowls become more popular. Use of ethnic ingredients with fish as seen with tacos, as well as the eco-conscious movement to bring trash fish into the mainstream, should a l s o re s onate wel l w it h to day ’s restaurant-goers.
www.highlinerfoodservice.com
34 August/September 2016 | Canadian Restaurant & Foodservice News
VINE MUSINGS
PERFECT PLANNING Experts weigh in on how to create the perfect wine and beverage program By Zoltan Szabo When constructing a wine and beverage program, there are a number of important factors that come into play. Whether it is budget or knowledge of your clientele, creating a compelling wine list is about more than following trends or setting prices based simply on profit margins. The more you know about the wines you sell and why you are selling them, the better your beverage offerings will be received.
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In addition to deciding on a budget, there are many other critical factors to consider when setting up your wine program. Style of establishment, food compatibility and demographics are just a few of the key components to keep in mind. Staff training is also crucial —
36 August/September 2016 | Canadian Restaurant & Foodservice News
the more your staff knows about your wines, the more they will be able to provide a great experience to patrons, sharing with them the story behind the label. Proper storage is also something worth worrying about, so that beverages are kept properly and that their serving temperatures are correct. Finally, glassware, decanters and various tools of the trade all cost money and must be built into the markup strategy. Having said that, I recently interviewed two highly successful restaurateurs who shared their approaches to creating a wine program with me.
VINE MUSINGS
Niall McCotter, Cava and Chabrol “When building a beverage or wine program I start with context above all,” says McCotter. “Context of the restaurant, theme, cuisine, location, clientele, and obviously price. It should be relevant and specific without being condescending or too obscure. The world is awash with beautiful wines and spirits so I'm never particularly concerned with being pigeonholed by any of these parameters. In fact, it brings focus and clarity to the process. “In regards to mark-ups on alcohol, it's a very simple explanation. Right now, there is nowhere else to go. Restaurants sell essentially two things: Food and alcohol. For whatever reason, we cannot price the food portion of the experience as it should be. It strikes me as the only business in the world where inflation and the ability to react to increased costs has ceased to exist. If we were to charge for food accounting for inflation, other inputs, and constant downward pressures compared to 20 years ago, main course prices would be perceived as absurd. If your average restaurant were to price food as it should be they would be sunk.
Easy Targets
Ed Ho, Globe Restaurants “Going for dinner is not about eating and drinking,” says Ho. “It's an experience. Food, beverage, service and ambiance all are important and necessary components of that overall experience. For Globe Bistro, we built a framework based on our philosophy: Think global; Eat local. And this includes drinking locally. “We are a finer dining, full-service restaurant with a busy patio/wine bar business which is a little less formal. We also operate in Riverdale in Toronto, which a great neighbourhood with great dinner and brunch traffic, but less lunch business and business clientele. More than 50 per cent of our guests are regulars who come in more than once a month and live within three km of the restaurant. Most of our guests are open to suggestion for wines overall. “With all that in mind, we have created a large wine list with a local focus. Well more than half of our wine list is from Ontario. We have at least 12 wines by the glass which are all from Ontario to pair with our dishes. Some guests still refuse to drink local wines for whatever reason and we are always willing to open any bottle if a guest wants a couple of glasses.
an average markup of just under three times on our wines. Our lower-priced wines are marked up more than the expensive wines, but it averages out. Our average wine bottle price sells for $60-$70. “We seek out and taste hundreds of wines every year to find what I call ‘wines of value.’ We taste wines blind. We buy the wines that are the best values relative to their cost. By going through this process, we have first-hand tasting knowledge of the wines which we can then share to educate our team and guests. We also reduce the chance of disappointment for the guests knowing that the wines we have are good. This is especially important for our local wine program where vintage variation is a major issue. “We have a good number of high-end wines for guests that are so inclined, but investment in a deep vintage cellar a real drain on capital as the turnover of these wines is obviously lower than the bottles in the lower price range that are ready to drink. In fact, on Sundays we even offer half-priced wines to ensure the turnover of many of the higher-end bottles. “Lastly, printed on our menus we have a suggested wine pairing with each and every dish. Wine training is also very important. Adrian Amara is our GM is also a trained sommelier who both suggests wines for guests and educates our staff on the wines that we carry and pairings as well. As an extension to this, we offer winemaker dinners and tastings where guests can discuss wines directly with the people who work hard to make an exceptional product. Our guests love to understand our connection with the products that we represent. All of these things combined — buying and pricing for value, education and pairing and understanding the guest's needs — all help create a positive experience for the guest.”
Supports Local Economy
“From an economic standpoint, most of the dollars we spend on wine and food go back into our local economy. For the most part, our supply chain is direct, or only one middleman in the distribution, so the dollars go to the winemakers and farmers directly, which they reinvest in their business and to their employees. “When it comes to pricing, we aim for a wine cost of goods that is generally about 35 per cent. That implies that we have
“Wine mark-ups are easy targets for those who want to focus their displeasure at the idea that some restaurants do not provide good value for dollar, simply because it's so very easy to discover the cost of the bottle presented. The goal at our establishments is to vanquish even the slightest chance of that displeasure with the quality of the overall experience. All customers should walk away thrilled. “I know the cost of 99 per cent of wines on most wine lists in the city. But I also know the costs behind the scenes that make the price necessary — rent, taxes, insurance, talented chefs, talented sommeliers, company benefits, napkins, crystal, silverware, plates — the list goes on. The average patron does not know these things so the optics of a 200-300-per-cent mark-up is scandalous. I don't blame them for being disappointed and cynical when all they see is the scandal. But hidden in that mark-up is where we live, and employ, and pray to make a living. “It is a thrilling, grueling, and utterly satisfying business to be a part of but at the moment those mark-ups tend to be where those prayers of restaurateurs and those they employ are answered.”
Sommelier Zoltan Szabo is a hospitality consultant offering wine sourcing and staff training services to restaurants. Check out his website www.zszabo.com or follow him on Twitter @zoltanszabo. E-mail Zoltan at zoltan@zszabo.com. www.restobiz.ca | August/September 2016 37
EQUIPMENT
THE CUTTING EDGE Improve your food prep efficiency with the latest innovations in commercial kitchen knives
38 August/September 2016 | Canadian Restaurant & Foodservice News
EQUIPMENT
Canadian Restaurant & Foodservice News recently asked leading kitchen knife should have a basic larger prep and smaller prep knife. A cook’s knife and a manufacturers about the latest trends and developments in this indispensable basic paring knife can handle a large kitchen utensil. Here is what they had to say. . . chunk of daily menu preparation. From there, it fully depends on what the Participants: restaurant specializes in. Carving, Fish Renee Hourigan, Director of Marketing, North America, Swiss Army Fillet, Boning, Bread are all specific Derek Marcotte, President, Wüsthof-Trident of Canada Inc. adjectives that clearly lay out what those blades are best at cutting. If a restaurant manages its own butchery, then cleavers and boning knives are essential tools What are some of the most exciting new Forged PEtec knives are now over 20 and most likely carving knives for the trends, innovations and developments when per cent sharper with double the edge finished plating. Using the right knife it comes to kitchen knives for restaurants and retention. This allows the user to use for the right task makes for an efficient commercial foodservice in Canada in 2016? one knife for precision work, then move kitchen and reduced waste. to more robust prep work, all with the Renee Hourigan: The Victorinox Swiss same blade, never fearing chipping or What are some of the major factors driving Army Fibrox® Pro professional line has lack of performance. design and innovation in new types of become the tool of choice for kitchen knives? professionals and has consistently What should a restaurant operator or chef be received high accolades in industry aware of when it comes to purchasing RH: Many new designs and innovation in product testing. The benefits of design, different types of knives? kitchen knives are passing trends. We features, materials, color coding and ease believe in time-tested quality and of use are something we refined years RH: Restaurant operators need to take craftsmanship and supplying chefs and ago. Our Fibrox Pro line is hygienic and food safety into account, and Victorinox restaurants with knives they can trust time features a patented, ergonomically Cutlery is recognized by the National and again. designed, slip-resistant handle, which Sanitary Foundation (NSF). The NSF combats slippage even when wet. The seal on our commercial cutlery provides combination of lightweight steel and a guarantee that Victorinox knives are handle results in an optimally balanced made to the highest sanitary standards knife that reduces hand and wrist required by the commercial industry. fatigue, making it feel less like a knife In fact, the entire Victorinox factory and more like an extension of the hand. in Ibach, Switzerland, is NSFTapered knife edges are laser-tested, Certified, so this seal can be found on and conically ground to form an most stamped Fibrox Pro blades exacting 15 degree angle on each side, made by Victorinox. Our stamped which is narrower than the industry knives are preferred by most culinary average and results in a shaper edge that professionals due to their light weight, balance, and maneuverability. lasts longer. Commercial customers who switch to Derek Marcotte: Many chefs today have Victorinox have reported significant knives for delicate precision work and reductions in wrist and hand injuries others for the more heavy duty grunt r e l a t e d t o r e p e t i t i v e c u t t i n g work. In the past, these blades were not movements. And because of the interchangeable. The finer knives, aforementioned ability of our knives originating mostly from Japan, are too to hold an edge longer, they stay hard and thin for heavy duty tasks and s h a r p l o n g e r, a n d n e e d t o b e the more robust knives for heavy maintained less often. chopping chores, mostly from Europe (Germany), are not sufficiently refined DM: WÜSTHOF manufactures more to easily handle refined work. This adds than 80 SKUs in the Classic Precision cost and, of course, quantity of blades Forged knife series alone which features to the kitchen where cost and space are 15 styles and sizes of cook’s knives. constantly at war. WÜSTHOF has Although many knives can be multi developed a new cutting edge, PEtec purpose, there are many more that (Precision Edge Technology) that has become quite task-specific, making them bridged that gap. By introducing the better choice for a particular task. computer-controlled edge application, Every kitchen, professional or home, www.restobiz.ca | August/September 2016 39
EQUIPMENT
DM: Points of production and consistency in quality are driving design and innovation. Consistency in production is so important. Clear paths of quality control are aided with new equipment and machinery in the production background. So when consumers make a purchase, they know with the utmost confidence that the knife they bought today is at minimum as good if not better then the collection they are adding to.
First, use the knife for its intended purpose. Knives cut food; they are not intended to open cans of tomatoes or burlap sacks with metal strapping. Second, wash them by hand and keep them stored safely. Hand-washing eliminates the chance encounters with something hard in the dishwasher that could potentially chip the edge and proper safe storage not only protects the blades but also the users. Third, keep your sharp knife sharp. Knives cut and they don’t do it so well when they are dull. Further, dull knives are dangerous. These are performance tools and you are only as good as the tool you are using so keep it in peak performing condition. A sharp knife makes for a productive kitchen.
DM:
How can chefs ensure they get the most from their knives and similar equipment?
Keeping knives clean and dry is important for longevity. If knives are left uncleaned for longer periods of time with saliferous (salty) or acidic leftovers on them, stains can develop. Victorinox Swiss Army recommends washing all knives by hand. Dishwashing machines are designed to spray water at a relatively high pressure which can jostle the silverware and cause the knives to bang around and dull the edge. For best results, hand wash knives with a HillsFoods_CRFN_September_2016_FINAL soapy cloth and dry immediately.
RH:
For the latest in restaurant equipment innovation and products, visit copy.pdf
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LEGAL
BRAIN FOOD Intellectual property in the restaurant industry By Eric Mayzel
Great recipes, inviting décor, and inspired presentation can help a restaurant thrive in a competitive environment. Likewise, a number of intellectual property (IP) rights can help develop and protect the restaurant’s brand. Restaurant owners and operators who hope to develop their businesses’ brands should learn about and understand their IP rights and, where possible, take active steps to maximize the value of those rights.
What is IP? Generally speaking, IP refers to creations of the mind. IP can be protected by one or more classes of legal rights, including trademarks, copyright, patents, and trade secrets. In essence, these rights allow creators and owners of IP to control the use of their IP assets in order to derive financial and other benefits. TRADEMARKS AND RESTAURANTS
Trademarks are vital to the branding of a restaurant. A trademark is a word, phrase, or design, among other things, 42 August/September 2016 | Canadian Restaurant & Foodservice News
LEGAL
that distinguishes the goods and services of one business from those of another. In a nutshell, the owner of a trademark may be entitled to stop another business from using a mark that is the same or confusingly similar, or from passing off the other business’s goods or services as being associated with the trademark owner. It is not necessary to register a trademark, but registration offers significant benefits. A registered trademark is typically protected Canadawide and is often easier and less costly to enforce than an unregistered mark. Registration can also increase the restaurant’s sale value and facilitate the licensing of the trademark. Registration is practically essential for franchising. If international expansion is in the mix, a restaurant should consider whether its trademarks are already being used or otherwise “registrable” in foreign jurisdictions. Retaining foreign IP counsel is often a necessary step for those looking beyond Canada’s borders. Following are some aspects of a restaurant that may be protected as trademarks. When choosing a name, it is important to consider its strength as a trademark. As a general rule, the more distinctive the name, the greater the trademark protection. Naming the restaurant after a chef or founder may not be ideal for IP purposes. This is because a person’s name generally cannot be protected or registered as a trademark unless it has already acquired a sufficient reputation. Of course, choosing a name that is already in use by a third party can lead to disputes and possibly litigation down the road. A law firm can conduct searches and provide advice regarding a proposed name.
a) Restaurant Name:
b) Logos and Slogans: For best results, display logos and slogans consistently, both on-site and in printed and online materials. Including the symbols ® and TM, for registered and unregistered marks, respectively, is not mandatory in Canada, but can help strengthen your claim to these, and all other, marks. c) Dish Names: Unique names given to dishes may be treated as trademarks. Restaurants may wish to review their
menus for such opportunities: is there a more distinctive name for your signature dessert offering? d) Layout and Décor: The overall appearance of a restaurant, known as its trade-dress or get up, may also be protectable as a form of trademark. For example, a series of court cases protected the distinctive décor of Mr. Submarine restaurants, which included a red and white striped exterior, wallpapered interiors, and signage bearing a certain font and colours. In a more recent decision, the franchisor of a system of cafés owned a registered trademark for the appearance of the cafés’ interiors, which included a prominent mural. The court ordered the defendant, who had taken over some of the café locations but not the franchise agreements, to remove the mural, on the basis that it was the dominant aspect of the franchisor’s trade dress. A restaurant can help protect its rights by depicting its trade dress in advertisements, posting appropriate notices on-site, and registering its trade dress. e) Non-Traditional Marks: Amendments to the Trademarks Act expected to come into force in 2018 will permit the registration of scents, tastes, textures, and other “non-traditional” trademarks. Restaurants may wish to consult with a lawyer about this development. COPYRIGHT FOR RESTAURANTS
Copyright broadly refers to the exclusive legal right to copy, and to engage in other protected uses, of original artistic, literary, dramatic and musical works. Logos and signage will often be protected as artistic works. In the café case mentioned above, the franchisor’s menu was protected by copyright, as the franchisor had used skill and judgment in choosing and describing the menu items and in selecting and arranging the menu’s layout. A lawyer can help identify additional elements of your business that may be protected by copyright. A restaurant should ensure that it will own the copyright in any work prepared by any
person or agency. Registration of copyright is not required, but can be very beneficial, particularly if it becomes necessary for a restaurant to enforce its exclusive rights. PROTECTION FOR RECIPES
Recipes may be protected as trade secrets. A trade secret is business information that derives value from its secrecy. The owner of a trade secret must take all reasonable measures to protect its secrecy. A restaurant should consider notifying any recipient of the recipe that the recipe is a trade secret, and requiring them to sign nondisclosure and non-competition agreements. Franchise agreements will have specific terms in this regard. Restaurants and chefs should also decide early on who will own any trade secrets in recipes. Food preparation processes may potentially be patentable, if they are novel, useful and not obvious, which a lawyer can help to assess. But don’t count on copyright to protect your recipes. While it may be a copyright infringement to copy the original words in which a recipe is expressed, it is not an infringement simply to prepare the dish. PROTECTIONS FOR PLATING
IP protection for the plating of food has become a hot-button issue. Some commentators suggest that plating should be protected as form of trade dress if it has earned a sufficient reputation to indicate the source of the dish. Others suggest that plating, if original, may be protected by copyright as an artistic work. This may require clarification from the courts as to whether plating is in a sufficiently “fixed” form to receive copyright protection, as it has historically been required that a work be in a material form of some permanent endurance. The nature and availability of IP rights may differ from restaurant to restaur ant. Restaur ant owner s, operators, and chefs are encouraged to consult with legal counsel to assess their IP portfolios and optimization strategies.
Eric Mayzel is an intellectual property and franchise lawyer at Cassels Brock and Blackwell LLP, a Canadian law firm of more than 200 lawyers, and a national leader in intellectual property, franchise, and other areas of law. For more information, visit www.casselsbrock.com. www.restobiz.ca | August/September 2016 43
FOOD
INS-PEAR-ATION Make pears a tasty addition to your menu By Kathy Stephenson
Currently, consumer and restaurateur interest and passion for fruits and vegetables is at an all-time high. It’s time for the uniquely beautiful, powerfully delicious pear to hit the sweet spot for operators in Canada. With a breadth of variety and character, pears are a vibrant, sweet, succulent upgrade to menu fare from breakfast to dessert. A little know-how will make patron-pleasing pears an adored part of contemporary menus. Cool mountain streams burble through lush valleys, over rich, volcanic soils making the ten varieties of pears grown in the Northwestern United States full of different, complex flavors. Growers first planted here in the late 1800s, bringing hearty root stock to the end of the rail line. Now third and fourth generations of families tend these same orchards, rooted two centuries ago in wide orchards and fresh air. Yes, new methods like trellis and compressed planting are driving efficiency and yearround availability. But with an average of 50 acres per grower, most of the 1,600 pear orchardists in the Washington and Oregon are part of a family legacy. Across the menu, versatile pears bring balance and excitement – from caramelized pears atop fluffy Dutch pancakes to earthy, rich roasts with pears and root vegetables. Pears are an easy upgrade to salads and desserts, but less expected in appetizers and cocktails. Sliced pear brie quesadilla or pear and fresh herb thin-crust pizza can be delightfully simple and surprising. Increasingly, on-trend chefs and operators differentiate their tastes by calling out specific varieties of pear, including dessert menus featuring Seckel Upside Down Cakes and Espresso Poached Bosc. Managing inventory to ensure pears are flavorfully ripe and extend usability after ripe is simpler than most chefs
realize. When refrigerated cases of pears are delivered, follow these simple steps to reduce shrink and keep perfect pears in stock: • Remove the case of pears from refrigeration to begin the ripening process • Remove the box lid to increase air circulation and allow pears to reach room temperature • Each day, check the neck of pears to identify when the case is ripe. To do this, press firmly near the stem with your thumb. If the pear yields, it’s ripe. • When ripe, return to refrigeration to extend shelf life. They will keep for another 5 days and more after ripening. Ripening and handling can seem tricky, but more resources and training can be found on fooservice.usapears.org. USA Pears are available from October through June, as pears hold beautifully in controlled atmosphere storage. Enjoy local Canadian pears while available, but watch for pears from the Northwestern states of the U.S., where rich soil and clear steams deliver reliable, year-round delectable pears for the menu.
Kathy Stephenson is Marketing Communications Director, Pear Bureau Northwest. For more information visit www.usapears.com.
44 August/September 2016 | Canadian Restaurant & Foodservice News
we brew we don’t don’t brew our for our beer for the the awards! awards! but he does! but does! Andrew threw away a successful career in Logistics to pursue his dream of reconnecting with the brewing roots of his family. This carried him to the UK’s prestigious Brewlab in Sunderland, England, where he procured the alchemy that would drive his signature brewing style. Andrew threw away a successful career in Logistics to pursue his dream
of
reconnecting with the brewing roots of his family. This carried him to the UK’s prestigious Brewlab in Sunderland, England, where he procured the alchemy that
He took what he could from there andwould ventured to Scotland, Cornwall, and ultimately to Krefeld, drive his signature brewing style. Germany to pick up near where his mother’s family brewery had been, working in the same He took what he could from there and ventured to Scotland, Cornwall, and ultimately
brewery that had belonged to his ancestors. He came home Canada for family Hockley. to Krefeld, Germany to pick up nearto where his mother’s brewery had been, working in the same| brewery that had belonged to his ancestors. He came home to Canada for Hockley.
You could call it dumb, but we call it destiny. You could call it dumb, but we call it destiny.
AndrewKohnen AndrewKohnen Brewmaster
Brewmaster
HOCKLEYBEER.CA
hoCKLeYbeer.Ca
CRUNCHING NUMBERS
Environmental Sustainability for the Foodservice Industry Each year, fsSTRATEGY conducts a C-Suite survey of senior executives in the chain restaurant industry. Results are presented at the Canadian Restaurant Industry Summit. One area covered in the C-Suite Survey is participants’ views on sustainable foodservice. Participants were asked rate to the current level of importance of this issue for their chain.
Importance of Environmental for the Foodservice Industry
16% Very Important
40%
0%
28%
16%
0%
0%
Important
Somewhat Important
Neither Important nor Unimportant
Somewhat Unimportant
Unimportant
Highly Unimportant
Source: fsSTRATEGY Inc. 2016 C-Suite Survey
Fifty-six percent of respondents in 2016 indicated that environmental sustainability was important or very important to their chain. Twenty-eight percent indicated environmental sustainability was neither important nor unimportant. The percentage of executives who believe environmental sustainability is Very Important has grown from 0% to 16% in two years. The percentage of those believing environmental sustainability is Important or Neither Important or Unimportant has declined while the percentage believing that environmental sustainability is Somewhat Unimportant grew in 2016. The industry appears to be polarized. Some chains see sustainable foodservice as a strategic advantage and some have limited interest. Respondents that ranked environmental sustainability important or very important were asked to indicate which of the following contributed to that level of importance.
Sustainable Contributions
62% Sustainable Operating Practices
54% Use of Hormone and Antibiotic Free Proteins
46%
46%
23%
8%
Sustainability Certified/Food Suppliers
Sustainable Food Services Facilities and Design
Use of Local Food
Use of Organic Food
fsSTRATEGY is a niche consulting firm specializing in strategy in the hospitality industry with an emphasis on the foodservice sector. For additional information, contact us at nextsteps@fsstrategy.com or 416-229-2290.
46 August/September 2016 | Canadian Restaurant & Foodservice News
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