'It's a horrible situation he finds himself in,' one of his attorneys, Elizabeth K.
All were compelled to protect it by a confidentiality agreement.Īt question is whether that agreement bars Botticello from working for another baker. Only 7 executives, including Botticello, were entrusted with the complete recipe, including details on the quantity of dough, baking methods, and even the right balance of moisture to crunch. Thomas' recipe bakes in 'nooks and crannies' that makes their muffin different from other breakfast breads, the company boasts. They were first created by Englishman Samuel Bath Thomas, who immigrated to New York in the late 19th century and opened a bakery. The muffins at stake are big business, accounting for some $500 million in annual sales, the company says. Thomas' lawyers claim that Botticella not only knew the recipe, he copied work-related files in his final days on the job, charges he denies. Circuit Court of Appeals for the Third Circuit. 'Botticella could produce an English muffin that might look a bit different, but that would nevertheless possess the distinctive taste, texture and flavor character that distinguish the Thomas' English Muffin and that have been the foundation of the product's success,' argued lawyers for the bakery owners, Mexican food giant Bimbo, in a brief filed with the U.S.
