The Tollhouse recipe is free and available for reprinting. What Nestle controls and will go after you for is the name. Aka "Tollhouse Chocolate Chip Cookie"
I have numerous baking cookbooks that reprint the recipe nearly verbatim - only removing the "Nestle Tollhouse" from the type of chocolate chips you need to use.
ETA: You can however copyright the "presentation" of a recipe. For instance, Adams Media owns the copyright on the recipes I created as presented in my book, but I still have full ownership over the IP of the recipes themselves.