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can you trademark a recipe

CAN YOU COPYRIGHT OR TRADEMARK A RECIPE?hey everyone my name is marcela,dominguez and if you are new

TrademarkLawyer

Updated on Jan 18,2023

CAN YOU COPYRIGHT OR TRADEMARK A RECIPE?

hey everyone my name is marcela,dominguez and if you are new here i am,on my stationary bike and my new year's,resolution,was to exercise more in 2021 so here i,am killing,two birds with one stone and teaching,you while i get in some exercise so come,join me,in today's video we are talking all,about,can i copyright or trademark my recipe,i've had this recipe in my family for,years and years my grandma makes this,delicious,soup or my grandma makes this delicious,banana bread,can i trademark or copyright the recipe,i want to protect,the ingredients is the specific way in,which i put the ingredients together,protected by copyright or trademark laws,what can i do to protect my recipe and,the answer is that if you have a recipe,you've been wanting to protect for a,really long time,unfortunately you are not able to,protect it by copyright or by trademark,laws,what can be protected by trademark laws,is the brand name,if you have a brand the logo if you have,a logo the slogan if you have a slogan,and that would be the brand that you,show at the top of your website or it,would be the brand,that appears on your advertisements your,flyers it's your business name,essentially,for some people it doesn't have to be,the business name but for lots of people,it might be,so anyway i don't want you to confuse,that with,the contents of a recipe or just the,name of the recipe because the name of,the recipe,is not necessarily protected by,copyright laws or trademark laws unless,it's a signature product,say like the whopper that's a signature,product the whopper junior is a,signature product,a blizzard a mcflurry those are,signature products and so those products,in and of themselves have trademarkable,names,and in fact some of those are,trademarked so,that is different than trying to,trademark or copyright the actual,contents or the actual recipe for each,of those products,so if you want to know how they make the,whopper junior that is not,protected by copyright if you want to,know what's in the mcflurry that is not,protected by copyright,in fact if you even go to these websites,or you do a google search for,whopper ingredients you will see a list,of ingredients,now granted you don't know exactly what,goes into,the meat itself when it says,two patties for example or if it says,cheese you don't know what ingredients,actually went into the cheese or you,don't know if they use,a specific brand of cheese or where they,get the cheese if it's just from cisco,but either way you cannot protect the,recipe for those products but you can,protect the name of the product so i,know that can be confusing for some,people because,people want to protect proprietary,information,so i think that what people might want,to learn more about is,trade secrets can a recipe be protected,as a trade secret,that is the better question and the,answer is yes it can,but if you want to know more about how a,recipe can be protected as a trade,secret,or what type of intellectual property to,use to protect,recipes then make sure that you hit,subscribe down below,because that will be in my next video,and i want to make sure that you,are subscribed first so that you'll know,when i release that video,so stay tuned everybody but i want you,to know for purposes of this video that,if you have a signature product,you have a brand name a business name,slogan logo tagline,then all of those are protectable by,trademarks,but the recipe by itself cannot be,protected by trademark or,by copyrights so if this video was,helpful and i gave you,a very important answer because you are,a chef a mixologist,or you are somebody that has a brand,that relies,on putting different ingredients,together then make sure you hit,subscribe and you tell me in the,comments below,if you knew this information or not my,goal is always that you learn more than,you knew before you started watching so,if that was the case,make sure you drop me an emoji down,below

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Why it's so hard to own a recipe | copyright, patent, trade secrets, trademarks

Why it's so hard to own a recipe | copyright, patent, trade secrets, trademarks

It is surprisingly hard to own a recipe. I mean, legally own it to the point where if,somebody without your permission copied your recipe or marketed your recipe, you could,sue them and win. It's possible. But it is surprisingly hard when one considers the script,I'm writing this instant is immediately covered by internationally recognized copyright protections,as it leaves my fingertips, as it leaves my mouth and goes into the camera. I instantaneously,own the copyright on the thing that I am creating right now. So why wouldn't I instantaneously,own a recipe I come up with? Well, in a way, I do. I own the copyright to this, the specific,wording with which I expressed my recipe, if you believe that my instructional prose,qualifies as some kind of literary work.,"Copyright typically relates to things like, uh, literary works — music, drama, and computer,programs.",This is Dr. Laura Clews, doctor of chemistry and an attorney at Mathys & Squire, which,is a big European intellectual property law firm. And while her expertise is mostly in,UK and EU law, these broad strokes of intellectual property law have been very internationalized,via trade agreement. So pretty much everything we're about to say is the law pretty much,everywhere. Pretty much everywhere, a copyright, for example, refers to media — or applies,to media. Creative works, artistic works, music paintings, videos.,"And can be used to prevent other people from performing those works or providing copies,and selling copies, and things like that. But unfortunately, copyright doesn't extend,to statements of mere fact, or ideas, or methods of operation.",Indeed, if we look at this circular from the United States Copyright Office, "the Office,cannot register recipes consisting of a set of ingredients and a process for preparing,a dish. In contrast, a recipe that creatively explains or depicts how or why to perform,a particular activity may be copyrightable." At that point, the recipe would go beyond,just being a simple utilitarian object and actually become a work of art, of literature.,Like, Chrissy Teigen isn't just a terrific developer of recipes. She's a terrific writer,,and her authorial voice crackles through all of her cookbook prose. But it's the prose,and the beautiful photos and such that are copyrighted, not the dishes themselves. You,can't copyright concepts or ideas. But you can patent some ideas, and that's what Dr.,Clews does. She's a patent attorney, where no doubt her chemistry background comes in,handy. You almost always need a patent attorney if you want to apply for a patent because,a patent is a thing you actually have to apply for, as opposed to copyright, which you own,automatically the second a creative idea, a piece of content, leaves your brain and,goes to the page.,You own the copyright. You can get some extra protection by actively registering a copyright,,but that's a bonus. It's not a must. To get a patent, you must fill out some pretty long,and complicated forms. You have to demonstrate three things: Your idea is inventive, it is,novel and industrially applicable. And we have a word for an idea like that, right?,It's called an invention. And certainly a recipe could be an invention that qualifies,for protection under patent law. Just as you can protect your digital life with the sponsor,of this video, Surfshark, whom I'll now briefly thank. Surfshark is simply all the tools most,people can need to stay safe on the internet and to surf freely. At its core, it's a virtual,private network — VPN. You do the one-touch connect, and then it's a lot harder for criminals,or big companies to spy on you.,But more than that, it allows you to obscure your physical location, for example. Very,useful when overcoming internet censorship in many countries, accessing websites or apps,that might simply be blocked in your country or your network. It allows you to get around,price discrimination. Some companies will charge you differently, depending on where,you are. Lots of streaming services won't stream certain stuff to certain countries,,even if you're entitled to it. Surfshark can route you through their servers in any country,that you need, and then you can watch what you want to watch. There's additional tools,for doing anonymous searching and browsing, for blocking pop-ups, all kinds of things.,Surfshark is unlimited and you can get 83% off it if you hit my link in the description,and use my promo code, adamragusea, all one word. 83% off Surfshark, plus an additional,three months for free. Link and code are in the description. Thank you, Surfshark. Now,,to protect a recipe under patent law, you have to demonstrate that it is novel, industrially,applicable and inventive. What is inventive?,"For inventive, you need to show that it's not obvious. So this can be a little bit more,tricky to understand. We normally say, if you have a particular unexpected technical,effect associated with either, say, a specific ingredient that you've used, or a

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Can I Get A Trademark For a Recipe? | Dallas Trademark Attorney Explains

Can I Get A Trademark For a Recipe? | Dallas Trademark Attorney Explains

vì thế nói chuyện tiền bạc Phú is worth,the money for unix in today's gospel,according to được của dân cđ ultrastudio,specialist Lina talk about amenable,montmartre avernus Gold filled with,sportmole device if you wanna similar in,this way from hundreds of people Can't,Take some method and make adjustments,Full of sek An Asian were warned you,despite the first hand wash position Yes,I want to protect the recipes and that,remains calm and copy the world okc,grade 1 unit 3 write to sing The,International Brand identity disorder to,identify your goods services by means,that some,I will sample của free World he he wants,her some time and you can't use at work,is practical jesssica offical page,content search or use support with,hepatitis pipe and must have to yourself,no you can talk and the Pacific and how,do you spell questek you have to,vicecity keeping it is it work khẩu,cawai for example They have a secret,recipe for the local and is expected,Secret Love lives in love with circles,Of Your Hand foot and school work well,you are therefore very well busted,sagarmatha Media because the weather,cities have some Cash on the walking,tdtu speaking for water will help us his,travels worth enough it s Secret show,How are you,I kiss you I appreciate What do you have,to improve your receipt me schubert,assign your fun you don't know the score,live stream and destroy their people how,are you doing what you doing acrylic,restaurant that I'm in Pieces that out,Yuki parasiticus now There's something,to the west killa raid volumes Last,Christmas for example What do you have,is is the Belt with Spears medley must,work and you want to reduce costs and,delivery and Ferb ukas out some method,you can also and work with me cái gì,friends must have the magazine gì nào bị,hasemi Saki yanase ukas quattroporte for,magazine is twelve apostles precious sau,Boys prison explain supported and not,hesitate password,chú ý thì thật Facebook khóa sức,glotakan to workouts monaca like video,ukas Minus reports.net you know the,finest Lucky fado.com food fast Monster,Shooter for happy Merry on YouTube Big,and small to you find me and Dragons on,March a,ừ ừ

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Can you protect your cocktail recipe with trademark?

Can you protect your cocktail recipe with trademark?

okay,and welcome back everyone to,master your,domain so mean very nice front line,lisey attorney steve vondren here with,you license practice law in california,arizona and i am joined today by the one,the only the fabulous the highly sought,after the world wide renowned,or at least statewide wow,frontline lisey how are you today i'm,great how are you good very good,um yeah today uh we have a really,interesting topic,and it was,basically uh this is about,uh intellectual property rights in,cocktails,right,i know journeys shouldn't be talking,about this stuff right,so but anyway this was spurred on by a,friend of mine that was looking at,starting a tequila brand,and he got me thinking about,intellectual property rights and brands,you know my favorite my favorite topic,the one that gives me,passion is is helping people launch,businesses it's what i love to do,in this show master your domain in case,you're new this is a husband and wife,podcast yes you can live and work,together without driving yourself or,each other crazy at least 25 of the time,and we help you here uncover your,passions fire your boss launch promoter,protect your brand and basically,sell your sizzle,on the world wide web,and if you can say that five times fast,i will give you,a free,no charge,um attorney steve endorsed,uh fake billy bob teeth let me see him,which i will put on now,hi,attorney steve here,how are y'all,they're not even in are they okay if you,want to see that we also we uh the,unique thing about our shows we offer it,in a podcast version and,on youtube as a video version for guys,like me that love to watch videos,where do we get that video site honey uh,youtube.com for is it forward slash,doesn't matter just slash it youtube.com,social media lawyer social media lawyer,that's where you can catch the video of,this show if you want the audio the,podcast you can get it through itunes or,the android marketplace and find it on,attorneystevestore.com,nice try you bought show show even had,it written down and you botched it,that's amazing,there we have so many,come on okay it's attorney steve,show.com sorry so i will get this right,one of these days like i promise i,promise i promise yes sorry she will i'm,sure she will yes the only question will,i be alive to see it yes you will it's,sunday it's fun day sunday fun day here,we are working go for it sunday fun day,happy day,okay so back to the show uh if you have,anything to say anything relates to the,internet brands launching brands you you,want to build a tequila brand beer brand,a lot of people are doing home brewery,kits now a lot of people doing make your,own whiskey now i saw a really,interesting board on pinterest the other,day frisky uh whiskey makes me frisky,had like 500 followers on the board,which was yeah i was like wow,jeez what's going on that's hilarious um,if you have anything to say call us on,this show or the next bookmark us and,call us back next time 877-276-5084,hello you got that one you nailed that,one that's right so call us up pitch,your niche we don't care pimp your,products primp your services pimp your,knowledge products whatever you're,selling your music your books we don't,care call up get on the show be part of,internet history yeah you too can go,down in digital,infamy,okay so let's talk real quick um yeah so,talking about cocktails and,and can and and really this translates,to a couple things like recipes can you,get intellectual property rights,on recipes and recipes being a recipe,for food or recipe for cocktails,cocktails usually have you know three or,four or five different things,can you get a copyright on that can you,get intellectual property rights well,it's that's an interesting because if,you think about,what what did colonel sanders have i,mean he has a recipe that he has,trademarked,or what does he have on that well they,have several things they have trademark,copyrights and but the most important,thing with uh kfc,is trade secret remember it's the,secret original recipe,so trademarks excuse me trade secrets,we'll talk a little bit about that but,basically in a short this is attorney,steve's short nutshell on intellectual,property rights,is you know copyright is something like,music and everybody knows music and,movies are copyrighted right,whenever you whenever you you know,download a song or see a movie on tv you,always know there's a copyright and you,know you're,five years in jail if you copy it's so,funny all the movie rentals but if you,commit mortgage fraud you're,but don't copy that do not copy that,music or the book yeah that does,whenever i see it it does scare me a,little bit yeah it should that's what,it's designed to do and they always put,it up there it's not just flashing up on,the screen it's there for two hours,before it starts it's it's five minutes,before the movie but anyway so a,copyright is any original work of,authorship fixed in a tangible medium,and that's why i say like your books and,your your music,art you know ar

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Food Recipe Patenting [ Can I trademark or copyright a Food Recipe]

Food Recipe Patenting [ Can I trademark or copyright a Food Recipe]

hey guys it's Dania from marketing food,online I hope you guys are having a,great night this video that I'm about to,do is actually something that is of,really really important in regards to,protecting your food product okay in the,business it's known as trade secrets,also known as proprietary blends in some,cases recipes that you have come up with,and you want to sell a food product I've,got I have questions that are coming in,constantly about this and I've actually,never really done a video in depth about,what it means to protect a recipe and,actually if you actually can legally,okay now I'm going to cover this because,I actually have experience doing this I,actually hold seven US patents actual US,patents which have nothing to do with,food actually they have something to do,with a totally different industry but I,have been through the patent process,I've also been through the provisional,patent process and I hold several,provisional patents as well and I and I,only say that because I just want to,express you guys that I have experienced,and gone through this when I first saw,my first group of patents it took,several years and about 30 or 40,000,dollars in legal fees and it was quite,extensive and quite expensive so I just,want to go over something really quick,with you guys I want to inform you about,how to actually protect a recipe and,kind of also answer the question if a,recipe can be patented so I've actually,pulled up some really great resources,some articles just as I talk along here,I will show you these articles that I,pulled up to kind of inform you as to,what you can and really cannot do so,let's get right down to it okay so the,question I got was one of the,mm-hmm one of the gentlemen that I'm,actually doing some consulting worth,work with he has a idea to create a bar,it's going to be kind of a protein bar,so they were looking to see if it was,something that can needs to be approved,or if it has to have a recipe get,approved and how could you protect it,and all that good stuff so when you want,to talk about protecting a recipe if,you're starting a business and you have,employees okay and you're manufacturing,this product and I'm just going to use,examples here if you have a recipe for a,chocolate bar okay and it's a it's got a,different combination of ingredients,it's obviously chocolate bar itself is,not something new so you aren't,necessarily inventing something from,scratch but you are creating your own,recipe okay,now you have a business you've got,employees and they're a day in and day,out what their job is to do is to deal,with the ingredients in the different,measurements and the different recipes,and different sizes and quantities of,ingredients to create a product to have,an outcome of a final finalized product,okay now with those employees the way,that you can actually protect yourself,from their standpoint is that you can,get them to sign a nondisclosure,agreement okay this is an agreement a,contract if you will between you the,business owner and your employees okay,that they cannot duplicate they cannot,take the recipe out of the facility they,can't write it down or sneak it out or,whatever way that they could actually,take it from your place of business and,then go out and make it themselves,because you would legally sue them or,you would have the right to take them to,court and to sue them for financial,damages okay that is a kind of a norm if,you will that's kind of normal in the,food business for instance a lot of,these articles which is quite,interesting they lend themselves to the,Coca Cola recipe as an example so for,instance the recipe that is used to,create Coca Cola they have a specific,amount of ingredients okay now if you,look at the can of a Coca Cola cab you,can see the list of ingredients but you,don't see the quantities and the ratios,to actually create the finalized product,okay and normally obviously that is,not something that's on packaging you,will not see that on a packaging two,cups of sugar or five five cups of water,etc that is where the uniqueness of the,actual recipe comes into play and that,is the part that is you want to keep a,secret obviously from getting out,because you have created something,unique as far as the actual flavor,composition or flavor profile or the,taste or the consistency,whatever the finalized product is you,have come up with a recipe to bring,together these ingredients and that is,actually what determines the uniqueness,of the product okay now can you can you,actually patent a recipe no you can't,now because the reason being is let's,say you have a recipe and you've got,certain amounts of ingredients if I came,along and I tasted the product and I,knew what was in there and I kind of,tweaked it and played with the recipe I,could create a dish that's basically,tastes the same but it has maybe two,tablespoons of salt instead of one,tablespoon of salt that's small my new,differentiation between the amount of,salt that you use will actua

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How to Protect a Recipe? | Copyright Attorney Angela Langlotz Explains

How to Protect a Recipe? | Copyright Attorney Angela Langlotz Explains

can i protect a recipe using,united states law i'm going to spend the,next three minutes discussing this i'm,angela langlotz trademark and copyright,attorney and i go live here on weekdays,to answer your trademark and copyright,law questions if you have questions drop,them into the comments below this video,i will answer them on a future live and,tag you so that you know that i,responded so somebody asked me can i,register a trademark or a copyright for,a recipe and the answer is no,a mere listing of ingredients or a,formula to make something it doesn't,matter whether the something is a food,or something else,is not protectable under united states,law either as a copyright or as a,trademark or,via patent okay so you cannot protect,those,coke for example has a recipe it is not,protected by any uh copyright law or,trademark loss so how have they,protected it for so long well they kept,it a secret,so if you keep your,recipe a secret from everybody else and,you make everyone who has,knowledge of the recipe sign a,non-disclosure agreement that they won't,tell a soul about the secret recipe then,you're protected but you can't disclose,the recipe,as we do when we file a trademark,application or a patent or apply for a,copyright,you cannot disclose it and then expect,that it's going to be protected you must,keep it a secret so what aspects of a,recipe,are protectable well let's say that you,have a recipe book and you spent a lot,of time,describing the wonderful dinner that you,had when you made this recipe and,there's a beautiful photograph,of the,serve service table and how you served,it and how you prepared it and you,talked about your guests reaction to the,meal and their feedback about the meal,that is more than a mere listing of,ingredients or a formula now,that is literary expression that is,protectable by copyright so when we say,that recipes are not protected what,we're really saying is if you just give,me a list in the recipe book of how you,made it and the ingredients involved and,you know the instructions,that is not protectable by copyright but,if you spend time,creating a creative description a,literary description of the recipe and,how how you made it and loved it and,your guests loved it and what you served,it with and all of that now that is,protectable as creative expression so,just remember that copyright exists to,protect creative works so there is a,minimum threshold of creativeness,creativity that is required if you're,going to apply and register a copyright,for a creative work i'm angela langlotz,find me online at trademarkdoctor.net,i'm also on youtube at,video.trademy,forward slash youtube i've got almost,500 videos up there you can also find me,on facebook at facebook.com forward,slash trademark doctor don't forget to,like and subscribe so you get all my,latest content

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How To Protect A Recipe? | Dallas Trademark Attorney Angela Langlotz Explains

How To Protect A Recipe? | Dallas Trademark Attorney Angela Langlotz Explains

can i protect,a recipe using united states,law i'm going to spend the next three,minutes discussing this,i'm angela langlotz trademark and,copyright attorney and i go live here on,weekdays to answer your trademark and,copyright law,questions if you have questions drop,them into the comments below this video,i will answer them on a future live and,tag you so that you know that i,responded,so somebody asked me can i register a,trademark,or a copyright for a recipe,and the answer is no a mere,listing of ingredients or a formula,to make something it doesn't matter,whether the something is a food or,something else,is not protectable under united states,law,either as a copyright or as a trademark,or,via patent okay so you cannot protect,those,coke for example has a recipe it is not,protected by,any uh copyright law or trademark loss,so,how have they protected it for so long,well,they kept it a secret so if you keep,your,recipe a secret from everybody else,and you make everyone who has knowledge,of the recipe,sign a non-disclosure agreement that,they won't tell a soul,about the secret recipe then you're,protected,but you can't disclose the recipe,as we do when we file a trademark,application or a patent,or apply for a copyright you cannot,disclose it and then expect that it's,going to be protected you must keep it a,secret,so what aspects of a recipe,are protectable well let's say that you,have,a recipe book and you spent a lot of,time,describing the wonderful dinner,that you had when you made this recipe,and there's a beautiful photograph,of the serve service table,and how you served it and how you,prepared it and you talked about,your guests reaction to the meal and,their feedback about the meal,that is more than a mere listing of,ingredients or a formula now that,is literary expression that is,protectable by copyright,so when we say that recipes are not,protected,what we're really saying is if you just,give me a list in the recipe book,of how you made it and the ingredients,involved and you know the instructions,that is not protectable by copyright,but if you spend time creating,a creative description a literary,description,of the recipe and how how you made it,and loved it and your guests loved it,and what you served it with and all of,that,now that is protectable as creative,expression,so just remember that copyright exists,to protect creative works so there is a,minimum threshold of creativeness,creativity that is required if you're,going to,apply and register a copyright for a,creative work,i'm angela langlotz find me online at,trademarkdoctor.net i'm also on youtube,at video video.trademarkdoctor.net,forward slash,youtube i've got almost 500 videos up,there,you can also find me on facebook at,facebook.com,forward slash trademark doctor don't,forget to like and subscribe so you get,all my latest content

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The Recipe for Strong Trademark Protection

The Recipe for Strong Trademark Protection

i am so blessed to live in a household,where everybody besides me is a great,and talented,chef an artist in the kitchen,my wife you've heard me talk about,before actually owns and runs the,kitchen at two,local restaurants,and now my teenage kids,also love to cook,and make exciting,new meals all the time,i am not nearly as capable in the,kitchen so i'm happy to,stay out of the way and enjoy the fruits,of their labor,but it had me thinking about,the recipe,because of course sometimes when you're,cooking it's good to you know be,freestyle but a lot of times when you're,cooking you want to have a recipe and,when you make something great you want,to put it down in a recipe so that you,can,repeat it again in the future or share,it with others that's what got me to,the recipe for strong trademark,protection now,the amazing thing is it is a very simple,recipe it is not overly complicated you,don't need to acquire a lot of,things in advance you don't need a long,list,of things to add in you can see here,from the visual that we have that what,you need for strong trademark protection,is one creative and unique name,registering it with the u.s patented,trademark office,using that brand name properly,and enforcing and renewing it,as needed now let me pause and take a,little bit more time to explain each of,these again the ingredients for this,recipe are very straightforward and just,four of them first it's that bold brand,name,if you have a creative name that is,unique in your industry,you are already on your way to creating,that delicious strongly protected,trademark,two,when you register any trademark,particularly that strong creative one,with the u.s patent and trademark office,you are,enhancing that protection and you are,really really adding to the strength of,it and of course you're getting to use,the r with a circle registration symbol,and you're appearing in the uspto's,database 24 hours a day seven days a,week and you're having all the other,benefits of a registration in any,disputes,the third recipe is properly using that,mark and that is in part using those,symbols i mentioned the r with a circle,that means before you're registered,properly using a tm or an sm to help,identify this brand name and make it,stand out and i would also suggest that,you may want to use it in bold or a,different color or italics when possible,or a logo to really make it pop and,stand out from the other wording around,it so people know that it's special and,that it's your brand and that you want,it to be strong and protected,and then finally the fourth ingredient,like having a talented skilled,experienced chef to put together all,those ingredients you want that talented,experienced trademark council,because with their wisdom,and talent and experience they're going,to help,make these ingredients work even better,for your brand and make it even,better and stronger protected make it,get through that registration process,and help complete the full picture for,your,trademark protection i hope you enjoyed,learning about that recipe if you want,to see more of my visuals you can find,them at ericpelton.com and look under,the valuable resources tool and you'll,see this recipe along with lots of other,great visuals that my team has come up,with

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