6 ms·

I've heard stories that Heinz is so defensive of their brand that they send out "Ketchup Inspectors" to make sure restaurants aren't refilling Heinz bottles wit

by WillyF 14y ago

I've heard stories that Heinz is so defensive of their brand that they send out "Ketchup Inspectors" to make sure restaurants aren't refilling Heinz bottles with lesser ketchup. This is the only somewhat legitimate source that I could find: http://www.freerepublic.com/focus/f-news/1067133/posts http://www.freerepublic.com/focus/f-news/1067133/posts

erock 14y ago
Sometimes people do it themselves https://news.ycombinator.com/item?id=5219485 https://news.ycombinator.com/item?id=5219485
adestefan 14y ago
Why shouldn't they? Heinz ketchup has a specific flavor profile. If a restaurant is filling Heinz bottles with a different ketchup the consumer could be lead to believe that Heinz is changing their flavor and may never buy it again. I don't even like ketchup and I could pick out Heinz in a blind taste test.
nicholassmith 14y ago
I'm sure there was a reddit where someone said they'd worked in a restaurant and they'd seen the ketchup checks happening.
- Evernoob 14y ago
  What's the penalty if you get caught? Restaurants usually just say it's "ketchup" without mentioning that it's Heinz. What can Heinz actually do to you if you buy a bottle of their stuff and fill it with something else?
  - nicholassmith 14y ago
    Well that's the interesting thing, I'd imagine that there is some kind of penalty but I have no idea what. Misrepresentation of a food product to consumers? Maybe. It's tenuous, but I'd imagine it's very possible for them to spin it like that.
  - lukeschlather 14y ago
    That's a really clear-cut trademark issue. If you're using Heinz' trademark to sell a different product they can sue you easy.
    - lutusp 14y ago
      > If you're using Heinz' trademark to sell a different product they can sue you easy. No. If you're using the Heinz trademark in such a way as to confuse and mislead the public, then they can sue you. Otherwise probably not. Consider the example of Apple Computer and Apple Music (once owned by the Beatles). Two businesses, no conflict, so no lawsuit. Once Sun Computer threatened to sue me because I had a Web page named "Sun Computer" (the page computed the position of the sun: http://www.arachnoid.com/lutusp/sunrise/ http://www.arachnoid.com/lutusp/sunrise/). My argument was that I wasn't trying to confuse the public, and my use of the word "sun" was legitimate because it referred to the astronomical object by that name. Their objection was that my use of "Sun Computer" as a page name caused my page to appear above theirs in the Google search listings. I decided their position had merit, and I renamed the page. My point is that it is all about the degree to which use of a trademark or trademarked name would confuse the public and hurt someone's business, not use of a trademark per se.
      - ricardobeat 14y ago
        The different product the parent mentioned is still ketchup. The scenario is replacing the ketchup in a Heinz bottle with ketchup from another brand, not selling "Heinz Cola" or something.
        lutusp 14y ago
        My post showed that the OP was wrong -- it showed that using a trademarked name is not in and of itself actionable. There has to be a basis for action apart from the simple fact that the names are the same.
        ricardobeat 14y ago
  - TylerE 14y ago
    To hazard a guess, removal of bulk purchasing rights? Force them to buy sealed bottles at retail pricing.
logn 14y ago
You can see the workings of Heinz factories here (the video also corroborates the existence of restaurant ketchup inspectors): https://www.youtube.com/watch?v=Yz6FudM0zKk https://www.youtube.com/watch?v=Yz6FudM0zKk They have full-time tasters who are amongst the only 8 people to know the full recipe.

by WillyF 14y ago

erock 14y ago

Sometimes people do it themselves https://news.ycombinator.com/item?id=5219485 https://news.ycombinator.com/item?id=5219485

adestefan 14y ago

Why shouldn't they? Heinz ketchup has a specific flavor profile. If a restaurant is filling Heinz bottles with a different ketchup the consumer could be lead to believe that Heinz is changing their flavor and may never buy it again. I don't even like ketchup and I could pick out Heinz in a blind taste test.

nicholassmith 14y ago

I'm sure there was a reddit where someone said they'd worked in a restaurant and they'd seen the ketchup checks happening.

Evernoob 14y ago
What's the penalty if you get caught? Restaurants usually just say it's "ketchup" without mentioning that it's Heinz. What can Heinz actually do to you if you buy a bottle of their stuff and fill it with something else?
- nicholassmith 14y ago
  Well that's the interesting thing, I'd imagine that there is some kind of penalty but I have no idea what. Misrepresentation of a food product to consumers? Maybe. It's tenuous, but I'd imagine it's very possible for them to spin it like that.
- lukeschlather 14y ago
  That's a really clear-cut trademark issue. If you're using Heinz' trademark to sell a different product they can sue you easy.
  - lutusp 14y ago
    > If you're using Heinz' trademark to sell a different product they can sue you easy. No. If you're using the Heinz trademark in such a way as to confuse and mislead the public, then they can sue you. Otherwise probably not. Consider the example of Apple Computer and Apple Music (once owned by the Beatles). Two businesses, no conflict, so no lawsuit. Once Sun Computer threatened to sue me because I had a Web page named "Sun Computer" (the page computed the position of the sun: http://www.arachnoid.com/lutusp/sunrise/ http://www.arachnoid.com/lutusp/sunrise/). My argument was that I wasn't trying to confuse the public, and my use of the word "sun" was legitimate because it referred to the astronomical object by that name. Their objection was that my use of "Sun Computer" as a page name caused my page to appear above theirs in the Google search listings. I decided their position had merit, and I renamed the page. My point is that it is all about the degree to which use of a trademark or trademarked name would confuse the public and hurt someone's business, not use of a trademark per se.
    - ricardobeat 14y ago
      The different product the parent mentioned is still ketchup. The scenario is replacing the ketchup in a Heinz bottle with ketchup from another brand, not selling "Heinz Cola" or something.
      - lutusp 14y ago
        My post showed that the OP was wrong -- it showed that using a trademarked name is not in and of itself actionable. There has to be a basis for action apart from the simple fact that the names are the same.
        ricardobeat 14y ago
- TylerE 14y ago
  To hazard a guess, removal of bulk purchasing rights? Force them to buy sealed bottles at retail pricing.

logn 14y ago

You can see the workings of Heinz factories here (the video also corroborates the existence of restaurant ketchup inspectors): https://www.youtube.com/watch?v=Yz6FudM0zKk https://www.youtube.com/watch?v=Yz6FudM0zKk They have full-time tasters who are amongst the only 8 people to know the full recipe.