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Copywriting a Restaurant Concept?

Protecting intellectual property is at the forefront of the technology focused business world out of necessity. However, in the world of food it has long been an open platform for sharing. Although one might not disclose grandma's secret meatloaf recipe, there has been generally an open forum for sharing ideas, concepts, and often recipes.

There are only so many different ways you can reskin a sushi joint and it has been generally agreed in the industry that if someone can pull the concept off and have it succeed than more power to them. 

People come to NYC from far and wide to check out Balthazar, the SoHo French mainstay of restauranteur Keith McNally, which is believed by many to be the most knocked-off restaurant. There are other concepts who also boast a high 'copycat' rate including the global chain, Nobu.

Recently this question of "Can you copyright a restaurant concept?" has been brought to the forefront of the culinary world, with a series of lawsuits in which restauranteurs are claiming that their concepts have been 'stolen' by competitors who often are former employees, colleagues.

Most recently filed is a lawsuit from Pearl Oyster Bar owner, Rebecca Charles, who filed suit against Ed McFarland for his restaurant Ed's Lobster Bar. Charles points to several items in her lawsuit that she says are a direct copy of her property including a white marble counter at her bar, packets of crackers on the table that greet guests, and a special caesar salad dressing. 

Looking at the photos above, what do you think? A copycat? If it is a copycat then does she deserve to be compensated? There are some interesting factors to note here...had Ed opened his Lobster Bar in another city, Charles, likely wouldn't have sued. So is i the proximity that has her enraged? The fact that he is a former employee? 

It is the details of a restaurant that often add to the charm and overall experience, however, at the end of the day isn't the food the intellectual property should there be one in the culinary world?

I'm interested to hear your thoughts on this. Should she win her lawsuit this opens the doors for so many lawsuits across the country. Should McDonald's then sue Burger King because of the style of service and ketchup packets? Does PF Changs have the right to sue EVERY upscale asian concept that boasts stone Chinese statues? In the culinary world, what is proprietary and what is not?

 

 

 

 

Posted Jun 29, 2007 by themagster | 2 Comments | Share It

Filed under: Pearl Oyster Bar Ed's Lobster Bar Keith McNally restaurants copyright