Don’t Cry Over Spilled Milk Street Lawsuits

+ + Updated October 27, 2019 + +

Color photo of cover of Christopher Kimball's Milk Street Magazine.

If you’re into food and you live in the Boston area, you’re probably very familiar with Christopher Kimball from all his years at America’s Test Kitchen.

After parting ways with ATK, Kimball recently started his own food endeavor. It’s located on Milk Street in Boston’s Financial District and named Christopher Kimball’s Milk Street. The business includes a cooking school, a radio show and a print food magazine.

If you’re interested in getting a free copy of the charter issue of the magazine, you can still get one. My copy arrived a couple of weeks ago and I’m looking forward to reading it when I get a chance.

Then this morning, I was catching up on the news when I read in Boston Magazine that Kimball was sued by ATK! I haven’t read the Complaint, but according to the article, it appears that ATK is alleging that Kimball may have breached the terms of his employment contract by starting a competing business while he was still working for them.

Non-compete agreements are a big issue in Massachusetts and employers take them seriously. There was recent legislation which would have reformed the law, but it did not pass. Employees who sign contracts agreeing to the terms of a non-compete can be restricted for several years from forming a business of their own or joining a similar company that may compete with their former employer. Because of this legal restriction, many believe that businesses are going to places like California instead of Massachusetts.

If employees disregard the non-compete, they run a real risk of being sued by their former employer. Maybe this case will settle and we will never hear anything about it again. Who knows? But it’s a twist to this ongoing story of Kimball and ATK.

The Boston Magazine article also mentioned that this summer Kimball was sued by Milk Street Cafe for trademark infringement. This casual restaurant is also located on Milk Street in Boston, but it’s a restaurant, not a media company or cooking school. As far as I know, Kimball isn’t selling food.

Trademark law exists to prevent consumer confusion. Since the businesses are different types, it seems odd to me that anyone would confuse the two. Kimball uses his full name above the words Milk Street and a picture of his signature bow tie is part of his logo and below the words Milk Street.  They seem to be in two very different spaces to me.

It will be interesting to see how this all pans out. But Kimball seems pretty savvy to me and it looks like he has all his glazed ducks in a row.

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*Updated 1/24/2019*

As I had speculated above, according to a Boston Globe article, Kimball won his trademark case. His media company is now named “Christopher Kimball’s Milk Street” so there is even less chance of confusion with Milk Street Cafe.

[US District Court Judge Denise] Casper ruled Wednesday there was little risk of confusion, as the two parties’ goods and services, as well as their marketing approaches, are quite different.

Milk Street Cafe’s primary market is downtown Boston, she wrote, while most of CPK’s customers have probably never set foot on the actual Milk Street.

The only similarity, she wrote, is that the names of both ventures refer to the street where they are located.

Casper also ruled Milk Street Cafe had not proved it had been hurt by Kimball’s use of the name and said there was no evidence of intentional copying on his part.

The litigation with ATK is ongoing. According to Superior Court electronic records, the case [1684CV03325 Americas Test Kitchen Inc General Partner of Americas Test Kitchen Ltd Ptnr vs. Kimball, Christopher] is scheduled for a jury trial on October 1, 2019.

However most cases never make it to trial, so an earlier settlement is more likely. A final pre-trial conference is scheduled for February 12, 2019.

*Updated 2/12/2019*

From the Superior Court electronic records, it looks like the February 12th conference did not take place and the final trial conference is scheduled for 9/24/2019. I’ll keep checking to see if the case settles before then and will give an update.

* Updated 10/27/2019*

According to court records, the case settled and was dismissed in early September.

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{You Pick Six} An Interview with Travel Writer & Essayist: Maria Olia

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This past spring, I attended an open house for Friends of the Thomas Crane Public Library. I love Quincy’s library system and think supporting the library is a great way to be a philanthropist — even if only on a small scale.

I’ve been a Friend of the library for years, but it was my first time attending this type of event. And I’m so glad I did. I had the pleasure of meeting and chatting with Maria Olia, who writes about travel in the Boston area and New England in general.

Maria’s current book, New England’s Colonial Inns & Taverns, is a great resource and timely too.  For those of you who believe in ghosts and  are looking forward to Halloween, she lists some haunted historic inns in her book.

But don’t be scared! We’re going to resume this ongoing series with the 14th interview of You Pick Six and learn some more about Maria.

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What brings you peace every day?
My long walks around Crystal Lake in Newton bring me peace every morning. I love walking outside every day, in all weather. Sometimes I walk with a friend, sometimes I listen to classical music. Walking helps set my mind for the rest of the day. And sometimes walking is the best part of my day!

What is a favorite quote?
One of my favorite quotes is from Mark Twain- ” In New York they ask, ‘How much money does he have?’ In Philadelphia they ask, ‘Who were his parents?’ In Boston, they ask, How much does he know.'” Of course, historically, Boston was the intellectual impetus for the American Revolution. And I think Twain’s quote is still apt- we are “smaat!”

What is a favorite childhood food memory?
I’m a child of the 70’s so one of my fondest food memories was having cheese fondue.The idea of sharing food from a communal pot was totally hippy. It was very exotic for the time- the little enamel pot filled with melted swiss cheese and the long forks with the color coded handles – I always picked red. In our house, my Mom, my Dad, my little brother and I would eat fondue sitting on the floor huddled around the coffee table in the family room which just added to its “specialness.”

What is the best meal you ever had and where was it?
I eat out constantly in Boston doing research for my travel books and I have had some amazing meals along the way. But my most memorable meal was 10 years ago in Tuscany. My husband and I, along with our three sons, our daughter and my parents toured the Castello di Brolio vineyard. Afterwards we had the tasting menu at the vineyard’s small restaurant. I don’t remember exactly what I had for each course, but it was an authentic Italian meal outside on a perfect summer day in a magnificent setting and with all the people I love.

How did food become an important part of your life?
Ever since I was a teenager, I was a foodie. One summer I made a project of cooking meals from around the world. I would do the research and make things like saurbraten with spaetzle, or Venezuelan beef tamales in banana leaves. One year, for my high school French class final report I made a croquembouche- a tower of cream- filled choux pastry balls decorated in caramel sugar. Naturally, dining is a huge part of my travel writing. You can plan entire days around the restautrants, bakeries and food markets that I write about in my guidebooks.

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Tell me about your book.
My newest book is New England’s Colonial Inns & Taverns (Globe Pequot). It’s a travel book that profiles 29 historic New England inns and taverns that have a connection to the colonial era; places that date before the year 1800. Some of the places are well known, like the Red Lion Inn in Stockbridge or the Union Oyster House in Boston. Others are less common, like Mount Hope Farm in Bristol, Rhode Island and Eben House in Provincetown.

What is unique about this book is that I delve deeply into the colonial history of each place; how and when they were established and the tavern or inn’s relationship to their community through the years. And for these places we are talking centuries! I have also written about what today’s traveler would expect; the types of rooms or amenities at the inns and the dining experiences found at the taverns. There really is something for every taste; romantic country inns of course, but also high-end boutique inns, elegant townhouse inns and rustic chic- inns. Some taverns are all about Yankee pot roast and chicken pot pie, but there are several that are fine dining destinations with excellent wine lists.

Finally, the book has nearly 100 color photographs throughout- what I like to refer to as “Instagram-worthy” photos. There is a two-page spread of cows in a misty meadow, a full page photograph of a bicycle with a wicker basket of hydrangeas propped against a country fence and a full page collage of seafood dishes from Maine’s York Harbor Inn that looks like it should be in a food magazine. The book is a large format paperback but it has the feel of a coffee table book. It’s visually very appealing. I think that we are very lucky to be living in this corner of the world!

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Thank you so much for participating Maria!

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Photos: Provided by Maria Olia.

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This Month So Far: October 2016

Photos taken during October.

Finding the time, energy and will to blog has not been easy lately. So I’ve been blogging much less. It’s now October.

Life has changed a lot since when I first started blogging ten years agoMoney and time available have decreased. Family responsibilities have increased. Free Yoga Boston and other social media platforms that I’m on now didn’t exist ten years ago.

Just like the seasons change, our lives change and we must adjust. Focusing on my well-being has made blogging fall away to a certain extent. But I miss it too.

Documenting my life and experiences is something that I had always loved about blogging. When others appreciated what I shared, it made it even sweeter.

To continue, blogging has to happen differently. For now, I hope you enjoy these images. These are bits and pieces of my October so far.

Have a great weekend!

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Cook like a Tico: A Costa Rican Experience + Recipe

Cook Like a Tico food blogger event at Boston University.

It’s hard to believe that we’re in mid-October already! This post is a quick flashback to summer. June 29th to be precise. I attended a food blogger event at Boston University called Cook like a Tico: A Costa Rican Experience.

Tico” is a slang word that Costa Ricans use to describe themselves according to the Urban Dictionary. The word captures a care free outlook on life along with the saying “Pure Vida” meaning pure life.

That feeling is expressed in the food of Costa Rica and there is an emphasis on fresh local ingredients.

fresh_ingredients1

We helped with some of the simple food prep for our meal that was prepared by Chef Randy Siles of Hotel Tropico Latino.

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The hotel’s website has quite a lot of information and gives more details about Chef Siles and his way of cooking.

Our chef Randy Siles, recently named the ambassador of the sustainable and healthy cuisine plan for Costa Rica, has a fusion style called “Author’s Cuisine,” which is a free-style way of cooking that lets him create original recipes from his imagination. Like an artist with a blank canvas, Siles skillfully creates gourmet art fusing flavors into delicious, fresh and healthy dishes that tantalize your taste buds.

I also noticed that the hotel has beach yoga and yoga retreats as well. With winter approaching, the thought of a warm getaway with great food and yoga sounds idyllic!

squash_farro_salad

The squash and farro salad was one of the best dishes I have ever eaten. The fresh mint and basil really make the flavors pop. The crunch of the cashews, with the cucumbers and squash add to the wonderful texture. I can’t say enough about this dish, which is a meal in itself.

On top of the taste, you can tell by the ingredients that it’s good for you too. What more could we ask for?

I was given the recipe and hope to make it at some point. Unfortunately, the measurements need conversion for us North Americans. But I’m sure we’ll figure it out. Enjoy!

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Squash & Farro Salad

INGREDIENTS:

50 g squash (chopped)
250 g farro
40 ml of olive oil
1 large fennel bulb (chopped)
1 green cucumber (chopped)
40 g basil (chopped)
40 g mint (chopped)
100 g of cashews (chopped)
3 limes (in wedges)
2 orange units (peeled and chopped)
200 g of feta cheese
30 g coriander (chopped)
15 g microgreens

INSTRUCTIONS:

Rinse and drain farro. Place in a pot and add enough water or stock to cover. Bring to a boil; add salt to taste and 20 ml of olive oil and blend. Reduce heat to medium-low and simmer 30 minutes. Once farro is cooked, just blend it with the rest of the ingredients and squeeze in the lime wedges for flavor.

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Disclosure: The meal was compliments of Cheryl Andrews Marketing Communications and the Costa Rica Tourism Board in North America. Thank you!

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Recently Read: 10% Happier

Cover of book that I recently read, 10% Happier by Dan Harris.

I recently read the book 10% Happier by Dan Harris and thought I would share a few impressions.

Since I meditate mostly everyday, I didn’t need to be convinced of the benefits of meditation and becoming mindful. However, I’m always curious to learn how and why people make it part of their lives. Seeing their realization that it’s a great thing to do is a source of endless fascination.

The book begins with Harris describing his early career tackling stories in war zones. The adrenaline rush and violence, then his early drug use. To me it felt like a book focused on an audience of hyper-masculine young men and was losing my interest rapidly.

When I was young, I used to always finish books that I started. Sometimes I would finish books that I hated from the beginning to the end. Then I’d be upset that I couldn’t get that time back.

I started thinking, “Who said you have to finish?” I realized that I was the one making the decision, so I stopped. Now, if I’m not feeling the book or many other things, I don’t finish and cut my losses.

Since I was really curious, I kept reading and got to the parts that I truly enjoyed. We see Harris, who is quite the skeptic, slowly make his way to trying and believing that mindful meditation works. He finds that it makes him “10% happier.” It’s a step-by-step process and he brings us with him for the ride. Harris is now such a believer that he even has a website and an app to help you learn to meditate as well.

It’s also very interesting, especially to me as a black woman, seeing how Jewish male friendships are a big part of his story. I went to Brandeis University for my undergraduate degree, so I was part of the Goyum on campus. Believe me. I didn’t know the word until I got there and started being referred to that way. But that’s another story.

So anyway, Harris has a whole chapter called “The Jew-Bu” where we meet Dr. Mark Epstein. He is a a New York psychiatrist and writer who writes “about the interface of Buddhism and psychotherapy.” Epstein’s writing really spoke to Harris. Like with many other authors, Harris wanted to learn more, so they met in person for a “man-date” as he describes it. Below are some passages from the book.

It hit me that what I had on my hands here was a previously undiscovered species: a normal human being. Epstein, it appeared to me, was the anti-Tolle, the anti-Chopra. Not a guru in the popular sense of the word, just a regular guy with whom I was having a drink on a Friday night.

We started to talk about his background. He, too, had grown up in the Boston area. His dad was also a doctor. He didn’t have some fancy backstory, à la Tolle or Chopra. No sudden late-night spiritual awakening, no hearing of voices. …

I asked what a beginner should do to get deeper into this world. … As I madly typed notes into my BlackBerry for future reference, it was impossible not to notice that nearly all of these names were Jewish: Goldstein, Coleman, Kornfield, Salzberg. ‘This is a whole subculture,’ he said. The little cabal even had a nickname: The ‘Jew-Bus.’ …

Mark also pointed out that mindfulness was a skill — one that would improve as I got more meditation hours under my belt. In that spirit, he said I should consider going on a retreat. … Specifically, he recommended that I sign up for a retreat led by someone named Joseph Goldstein, who Mark referred to as ‘his’ meditation teacher. He spoke about this Goldstein character in the most glowing terms, which intrigued me. I figured if a guy I revered revered another guy, I should probably check that other guy out.

As we were paying the bill, I said, ‘If you’re up for it, I’d love to get together every month or two.’

‘Sure,’ he said, looking up from the remains of his drink and meeting my gaze. With uncontrived sincerity he said, ‘I want to know you.’ That was one of the nicest things anyone had ever said to me. After we’d finished, as we said good-bye, he gave me a hug. It was touching, and I appreciated his willingness to be my friend, but there was no way in hell I was going on a retreat.

We hear so much about female friendship, but I think male friendship is very important too. As we get older it’s harder to make new friends. But it can happen and this book shows it beautifully.

It takes a lot of vulnerability and strength to tell someone that you want to be their friend. Plus, it showed the same strength and vulnerability to write about it. I’m glad that Harris put it out there.

Coincidentally, in addition to what I’ve recently read, I recently watched an old episode of Seinfeld when Jerry becomes friends with New York Mets baseball player Keith Hernandez and they go on a “man date.”

Also, I just recently listened to a podcast of This American Life where two men are set up on blind “man date” to see if they can become friends.

While I loved reading about the friendships that formed, it also left me wondering. Was Harris only able to receive and implement this new information because it was placed before him by men who were just like him?

If he had not learned about the “Jew-Bus” would he have ever been convinced about mindfulness and meditation? If not, would he have ever written this book? And what does that say about us as people? How often do we learn something new from someone very different from us? And then want to become friends with them. Not very often.

What books have you recently read?

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Image Credit: HarperCollins Publishers

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