The details: Flip Burger's menu features several liquid nitrogen-chilled shakes, including one with Nutella and burnt marshmallow. A place in Denver called H Burger (Blais didn't name it, though Eater quickly figured it out) lists on its cocktail menu a liquid nitrogen-chilled "Nutella Marshmallow" shake with vanilla vodka, hazelnut liquor, nutella, and vanilla ice cream topped with roasted marshmallows. Though Blais' column noted the similarities between the two - that is, Nutella and burnt marshmallows, liquid nitrogen, and a similar presentation ("right down to the pint glass and red straw," which, I've got to say, doesn't exactly sound as novel or unique as, say, the peacock used at Alinea) - he omitted that H Burger's, unlike Flip Burger's, is an alcoholic libation.
Anyhoo, Blais thinks H Burger is ripping off his steez: "On the street, you don't copy someone else's style." He's so mad "it makes me want to load up my smoking gun and do a mother fucking drive-thru drive by." Of course, Blais is smart enough to know, and acknowledges, that recipes can't be copyrighted or patented. He's also smart enough to know, and acknowledges, that he didn't invent either the ingredients or the techniques involved in his particular concoction:
I didn't invent liquid nitrogen, or its use in food preparation. Shit, chemistry teachers have been making LN2 ice cream in classrooms for 30 years, at least. I didn't create marshmallows. Or Nutella. Or milk shakes. Or straws and pint glasses for that matter.So what's he all bent out of shape over? Perhaps it's a matter of credit or attribution. He says:
I have been so sensitive to the topic, that if I find a dish of mine is similar in spirit to one I've seen, I'll denote it a "remix." Maybe it's in my blood. I don't think Wylie Dufresne is going to find me on a corner and put a cap in my ass. But that's how I approach it. Inspiration is a funny thing. Sometimes you can't remember exactly how you got there or who helped, but I believe you know if you're completely ripping someone off.All right. So Chef Blais thinks his milkshake brings all the boys to the yard, and damn right it's better than yours. But this all gave me a strange sense of deja vu. And then I remembered why. A couple years ago, I came across press blurbs about Blais' "creation" of something he called a "Popcornsicle," a ball of popcorn frozen with liquid nitrogen and served on a stick. The press blitz came complete with photos of the chef blowing liquid nitrogen smoke from his nose and mouth as he ate one. Well, other than the stick, Chef Blais' "creation" just happened to be identical to an item that was regularly served at José Andrés' minibar, where it's called "Dragon's Breath Popcorn," and where I'd just happened to have eaten a week earlier. And I said so. That prompted a discussion on Chowhound about the nature of "copying" when it comes to cooking. Back then I noted:
(continued ...)