What's a Trade Secret? (And What Would Happen if You Stole The Colonel's?)

iStock
iStock

Earlier this week, KFC removed Colonel Harland Sanders' original handwritten recipe of 11 herbs and spices that go into the company's signature fried chicken from its safe storage place. The 68-year-old recipe had been resting in a locked filing cabinet inside a vault at the company's Louisville headquarters, and it was only removed under the watchful eyes of many guards so the company could upgrade the security around the piece of paper. Why all the fuss? Are these measures just publicity-seeking theatrics for KFC? Why does KFC need to keep the recipe under lock and key anyway?

The KFC recipe is part of a larger class of corporate knowledge known as trade secrets. Broadly defined, a trade secret is a process (think of things like Web search algorithms), formula, practice, design, or other secret information to which the public doesn't have access that allows a company to gain a competitive advantage over the rest of its industry. In this case, KFC feels that its spice blend enables the company to make particularly delicious chicken that's differentiated from the rest of the fried-chicken market. The public seems to agree; KFC raked in over $5 billion in domestic sales last year. If another chicken company got their hands on this spice blend, they could conceivably replicate the delicious fried poultry and effectively eat away at KFC's market share. As such, KFC maintains its recipe as a trade secret to keep competitors at bay.

If KFC wants to protect its recipe, why doesn't it just get a patent?

Because then the cat would be out of the bag on what the 11 spices are. In order to acquire a patent, a company has to give pretty exhaustive information on what it's patenting to the United States Patent and Trademark Office. If the office granted a patent, the information would then become public. Although KFC would have a temporary monopoly (usually for 20 years) on that particular recipe, every chicken shack owner in the country could start toying with the recipe, making little tweaks to it, and potentially coming up with something even better. None of that would be good for the Colonel. But by keeping the recipe a closely guarded secret, the company can theoretically keep its advantage forever. Since apparently no one has the first clue what the 11 spices are, much less the proportions in which they're mixed, the company can feel safe as long as it guards the recipe.

Companies with these sorts of trade secrets generally make employees sign non-disclosure and confidentiality agreements, so the select few who get to see the recipe don't run off and start their own chicken businesses. Anyone who tries to swipe a trade secret through espionage should be ready for a lot of legal liability and potential jail time. Just ask Kate Hudson, who came under fire last month for allegedly pilfering a trade secret in the formulation of her new hair-care products.

Does that mean there's no way we'll ever see another company selling KFC's chicken?
Not quite. One downside of a trade secret is that it's perfectly legal for competitors to try to reverse engineer someone else's product. You want to make KFC chicken legally? Get in the kitchen and tinker with spice blends until you figure out the one that tastes just like it. Alternatively, if a chef serendipitously came up with the spice blend independently without sneaking a peak at KFC's recipe, she could start legally trafficking in the bird.

The KFC spice blend is just one example of a jealously guarded trade secret, though. Here are a few other notable ones:

The Coca-Cola Formula
The Coca-Cola formula, which is known by the code name "Merchandise 7X," is possibly the best-known trade secret in the world. The formula, which dates back to the drink's 1886 invention by Joseph S. Pemberton, is written on a piece of paper that resides in an Atlanta bank. Despite decades of attempts to figure out the formula, no one has succeeded yet; these failures are why the knock-off store brand sodas you buy never taste quite like the real thing. Coke is not afraid to go to great lengths to maintain the secrecy of the formula. In 1977 the Indian government demanded that the company reveal the recipe to keep its ability to sell the beverage in India. Coke decided it would rather leave the market altogether rather than give up its secret; you couldn't buy a Coca-Cola in India until the government relented in 1993.

McDonald's "Special Sauce"
We all know the Big Mac jingle. What we don't know is exactly how to make the sauce. The burger itself was originally conceived in Pittsburgh to compete with Big Boy's signature burger, but it was so popular it had to get a national audience. The sauce is pretty analogous to Thousand Island dressing, but the actual formulation remains a secret sought by beef aficionados everywhere.

The Krispy Kreme Recipe
Krispy Kreme opened in Winston-Salem, NC, in 1937 after founder Vernon Rudolph bought a secret recipe for yeast donuts from a New Orleans chef. Despite the company's meteoric rise over the last seven decades, the recipe remains locked in a vault in Winston-Salem and is known by only a select few. (As someone who went to college in Winston-Salem and ate way too many Krispy Kremes, my educated guess is that the secret ingredient is either awesomeness or love. Possibly both.)

Google AdWords
AdWords is Google's advertising product that places pay-per-click banner and text ads throughout the Web and provides site-targeted ads. The system is certainly successful; it pulled in over $16 billion last year. How do the ads get placed on individual pages, though? Good question, but it's one that will remain a mystery since the algorithm is a trade secret.

Gillette Razor Designs
Here's an example of why you don't want to steal a trade secret. In 1997, Wright Industries was helping Gillette design a new razor that was extremely confidential and potentially valuable. Wright Industries employee Steven L. Davis worried that his job was in jeopardy and had a grudge against his supervisor, so he swiped a bunch of trade secrets, including drawings of razor designs and data and sent them to Bic, Warner-Lambert, and other competitors. Bad move. The 1996 Congressional passing of the Economic Espionage Act made stealing trade secrets a federal crime. Davis pled guilty to five counts of theft of trade secrets and received a sentence of 27 months in jail and over a million dollars in fines.

Ethan Trex co-writes Straight Cash, Homey, the Internet's undisputed top source for pictures of people in Ryan Leaf jerseys.
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7 Massage Guns That Are on Sale Right Now

Jawku/Actigun
Jawku/Actigun

Outdoor exercise is a big focus leading into summer, but as you begin to really tone and strengthen your muscles, you might notice some tough knots and soreness that you just can’t kick. Enter the post-workout massage gun—these bad boys are like having a deep-tissue masseuse by your side whenever you want. If you're looking to pick one up for yourself, check out these brands while they’re on sale.

1. Actigun 2.0: Percussion Massager (Black); $128 (57 percent off)

Actigun massage gun.
Actigun

Don't assume you need a professional masseur to provide relief—this massage gun offers 20 variable speeds and can adjust the output power on its own according to pressure. Can your human massage therapist do that?

Buy it: Mental Floss Shop

2. JAWKU Muscle Blaster V2 Cordless Percussion Massage Gun; $260 (13 percent off)

Jawku massaging gun.
Jawku

This cordless, five-speed massager uses a design that's aimed to increase blood flow, release stored lactic acid, and relieve sore muscles through various vibrations.

Buy it: Mental Floss Shop

3. DEEP4s: Percussive Therapy Massage Gun for Athletes; $230 (23 percent off)

Re-Athlete massage gun.
Re-Athlete

Instant relief is an option with this massage tool, featuring five different attachments made to tackle any muscle group. You can squeeze in eight hours of massage time before you have to charge it again.

Buy it: Mental Floss Shop

4. Handheld Massage Gun for Deep Tissue Percussion; $75 (15 percent off)

Massage gun from Stackcommerce.
Stackcommerce

With five replaceable heads and six speed settings, this massage gun can easily adapt to the location and intensity of your soreness. And since it lasts up to three hours per charge, you won't have to worry about constantly plugging it in.

Buy it: Mental Floss Shop

5. The Backmate Power Massager; $120 (19 percent off)

Backmate massage gun.
Backmate

Speed is the name of the game here. The Backmate Power Massager is designed for fast, effective relief through its ergonomic design. Fast doesn’t need to mean short, either. After the instant relief, you can stimulate and distract your nervous system for lasting pain relief.

Buy it: Mental Floss Shop

6. ZTECH Percussion Massage Gun (Red); $80 (46 percent off)

ZTech massage gun.
ZTech

This massage gun looks a lot like a power drill, and, similarly, you can adjust its design for the perfect fit with six interchangeable heads that target different muscle areas.

Buy it: Mental Floss Shop

7. Aduro Sport Elite Recovery Massage Gun (Maroon); $80 (60 percent off)

Aduro massage gun.
Aduro

Tackle large muscle groups, the neck, Achilles tendon, joints, and small muscle areas with this single massage gun. Four massage heads and six intensity levels allow this tool to provide a highly customizable experience.

Buy it: Mental Floss Shop

This article contains affiliate links to products selected by our editors. Mental Floss may receive a commission for purchases made through these links. If you haven't received your voucher or have a question about your order, contact the Mental Floss shop here.


This Innovative Cutting Board Takes the Mess Out of Meal Prep

There's no way any of these ingredients will end up on the floor.
There's no way any of these ingredients will end up on the floor.
TidyBoard, Kickstarter

Transferring food from the cutting board to the bowl—or scraps to the compost bin—can get a little messy, especially if you’re dealing with something that has a tendency to roll off the board, spill juice everywhere, or both (looking at you, cherry tomatoes).

The TidyBoard, available on Kickstarter, is a cutting board with attached containers that you can sweep your ingredients right into, taking the mess out of meal prep and saving you some counter space in the process. The board itself is 15 inches by 20 inches, and the container that fits in its empty slot is 14 inches long, 5.75 inches wide, and more than 4 inches deep. Two smaller containers fit inside the large one, making it easy to separate your ingredients.

Though the 4-pound board hangs off the edge of your counter, good old-fashioned physics will keep it from tipping off—as long as whatever you’re piling into the containers doesn’t exceed 9 pounds. It also comes with a second set of containers that work as strainers, so you can position the TidyBoard over the edge of your sink and drain excess water or juice from your ingredients as you go.

You can store food in the smaller containers, which have matching lids; and since they’re all made of BPA-free silicone, feel free to pop them in the microwave. (Remove the small stopper on top of the lid first for a built-in steaming hole.)

tidyboard storage containers
They also come in gray, if teal isn't your thing.
TidyBoard

Not only does the bamboo-made TidyBoard repel bacteria, it also won’t dull your knives or let strong odors seep into it. In short, it’s an opportunity to make cutting, cleaning, storing, and eating all easier, neater, and more efficient. Prices start at $79, and it’s expected to ship by October 2020—you can find out more details and order yours on Kickstarter.

This article contains affiliate links to products selected by our editors. Mental Floss may receive a commission for purchases made through these links.