I’ll Have the Oysters™
The New York Times reported yesterday on a growing trend amongst restaurant chefs: lawsuits related recipes.
The focus is on Pearl Oyster Bar, owned by Rebecca Charles and Ed’s Lobster Bar owned by Ed McFarland, her former Sous Chef.
Charles claims that McFarland not only stole the look and feel of her establishment, but also stole her Caesar Salad recipe. According to the article, lawsuits like this one are becoming more common as restaurateurs and chefs have begun to view themselves more like CEO’s and their restaurants as businesses.
The common argument is over stolen recipes that are claimed to be proprietary (though at most restaurants no nondisclosure forms are signed) and between Pearl and Ed’s, Rebecca Charles is also suing because her former employee not only allegedly stole some recipes but also stole the look and feel of the restaurant.
I can’t say I feel too sorry for Charles or her Pearl Oyster Bar, though I don’t feel sorry for McFarland and his oyster bar, either.
If Charles was so concerned over losing her recipe (and thereby facing a loss of revenue), she should have at least required employees to sign nondisclosure forms (if not having trademarked her recipes). Charles’ Lawyer is arguing that her recipes were trade secrets, similar to Coca-Cola’s secret recipe. Of course the folks at Coke make their employees sign those pesky nondisclosure forms.
Every day we see similar eateries popping up, playing on a restaurant we know and know is successful. It is a typical business model; when a product is done successfully, another business is going to try and copy that product to make some money off of your innovation. If they do it right, and it is just different enough (or they do it in China or Korea for less money) then you aren’t going to be able to sue.
Take Pinkberry, the new frozen yogurt place that is starting to hit New York, but is already a staple in California. Out in California you can’t walk 5 blocks without passing a Pinkberry or someone trying to imitate Pinkberry. In the New York market, where Pinkberry hasn’t quite managed to gain its footing yet, it already has two or three competitors opening their doors to grab the market.
While having a monopoly is great, competition is healthy and can only lead businesses to strive for excellence or to be the second-tier location. I’ve tried to go to Pearl’s Oyster Bar before and couldn’t get into the door as it was so crowded. Next time I am in the mood for oysters I know I am heading to Ed’s Lobster Bar with his similarly painted walls but slightly more upscale (skylight boasting) appearance.
I do have to agree with McFarland, despite the Charles suit, that every oyster bar does seem to have a white marble bar and it’s nothing special. To quote McFarland, “I just find it interesting that she’d want to draw attention to the fact that she’s bringing a lawsuit against me that’s just going to bring more business my way. I personally have nothing to be concerned about, in my opinion.” He might be a bit cocky, but he is right.
Also the article has an interesting bit from Tom Colicchio, the restaurateur who owns Craft, ‘Wichcraft, Craftbar and is the top judge on Top Chef who doesn’t bother going after those trying to imitate his sandwiches.
June 29th, 2007 at
This is interesting… as a recent culinary school grad / career changer with 15 years corporate experience that includes intellectual property, I find Ms. Charles actions apalling. It’s one thing to have a unique name and trademark it for your establishment (if you can). But a recipe?? Come on. Remember when imitation was the highest form of flattery? And who’s to say that I, and a hundred other cooks didn’t think of the same “unique” Caesar Salad. And how unique could it possibly be and still be called Caesar Salad?? Not to mention it’s not HERS - she got it from her mother who ‘extracted’ it from another chef!! Absurd. But more than that, as a fellow chef, embarassing.