These founders had their idea stolen - this is how they deal with it

Scramvegg has invented a vegan scrambled egg substitute. But soon after, many copies ended up on supermarket shelves. The problem is a lack of property rights.

Finding vegan food is not easy. Those who want to do without soy for taste and ethical reasons have an even more difficult time. For example the Veganer all-purpose weapon Tofu consists ultimately only of Sojabhnen. To make a reasonable scrambled egg from it is virtually impossible, says Martin Schottenheimer His partner Marie Klamroth and he (both vegans) would have spent ages fiddling around with a possibility, mixing different ingredients together. "But mostly what came out was a mush with lumps, not really an adequate substitute."

In fact, Klamroth and Schottenheimer eventually found a recipe that worked so well that they now market it professionally. They christened it "Scramvegg." It is supposed to be a vegan, soy-free ready-scrambled egg, "ideal for hotels or home use, for example," Schottenheimer advertises. A large customer group, the trendy topic of vegan nutrition, a professional recipe: It could have been the breakthrough for Schottenheimer and his girlfriend. After all, what could go wrong?

In a word: idea theft. Last fall, Scramvegg launched its own online business. The first orders rolled in quickly, and feedback was positive, he says. "But less than two months later, we suddenly received messages from acquaintances who saw suspiciously similar products on the shelves of large retailers," Klamroth reports. Her suspicion: here, the competition had generously helped themselves to the scramvegg recipe. "We know the industry, so it wasn't a complete surprise to us," Klamroth says. Such copying is commonplace, he said. "When Coca-Cola comes out with a diet version, the discounter has one on the shelf very quickly, too," Schottenheimer adds. But the speed did catch them off guard, he says.

Patent and copyright law only help to a limited extent

What Scramvegg experienced almost always threatens when a young company ventures into the food market. Even more so with a good idea. Legal protection against - even brazen - copying exists only under narrow conditions. "This is due to our economic system, which is built on competition," says Oliver Brexl. He is a specialist attorney for industrial property protection and heads the Intellectual Property and Media Working Group at the German Lawyers' Association. According to him, two protection mechanisms can theoretically take effect: patent and copyright law.

"However, we only grant patent rights in Germany in exceptional cases," he explains. No one could have the car itself protected, for example. "Then we would only have one manufacturer, no competition between BMW, VW and Co." The situation is similar with food. And copyright law does not apply here either, he said. "That applies above all to personal, intellectual creations," says Brexl. "But a recipe is more like an instruction manual, so the creation element is missing."

But there is no sense of resignation among the Scramvegg founders because of this. Perhaps also because they have reckoned with the idea theft. "We tried to set up our product from the beginning in such a way that it could hold its own against mass-produced goods," says Martin Schottenheimer. They produce entirely in Germany, the packaging is not made of plastic, everything is as sustainable as possible, he says. "We want to be to the competition what Fritz-Kola is to Coca-Cola," he explains.

In the meantime, Scramvegg has also signed its first cooperations with supermarkets, so that its own bags will soon stand next to the copies. "We are not afraid of this comparison," says Schottenheimer. They already count 16 Edeka stores among their partners, with more to follow.

The founders are optimistic that they can continue to reach their medium-term goal - to sell 10,000 packs per month. "We have now already achieved things much faster than planned, such as cooperating with supermarkets," says Marie Klamroth. Scramvegg needs 300 to 400 such cooperations to reach its 10,000-pack target.