Can you open a restaurant and use recipes from a published cook book and charge for the food?
I use recipes from cookbooks all the time. Most recipes from books are not that unique. No one will find out. And, assuming that the cookbook author comes to your restaurant, this person would have a very hard time proving that you stole his/her recipes. The only thing you have to worry about is using a name of a dish that would be connected to another restaurant. For example, if you tried to sell Big Macs or Whoppers; that would be a problem.