socio
PROTECTING CUISINE UNDER THE RUBRIC OF
INTELLECTUAL PROPERTY LAW:
SHOULD THE LAW PLAY A BIGGER ROLE IN THE KITCHEN?
Emily Cunningham ∗
Cite as 9 J. HIGH TECH. L. 21 (2009)
I. Introduction
In June 2007, Rebecca Charles, chef-owner of Pearl Oyster Bar (“Pearl”) in
New York City’s Greenwich Village, sued her former sous chef, Ed
McFarland, now chef and part owner of Ed’s Lobster Bar in New York’s SoHo neighborhood. 1 In her complaint, Charles alleged that McFarland had pirated
Pearl’s menu, recipes, dish presentations, décor, “look and feel,” all of which
Charles believed amounted to a flagrant misappropriation of both her and
Pearl’s intellectual property. 2 The detail that reportedly irritated Charles most was a dish on McFarland’s menu called “Ed’s Caesar.” 3 According to Charles,
McFarland had copied her own Caesar salad recipe, made with English muffin croutons and a coddled egg dressing, which Charles maintained was a signature dish at Pearl. 4
The culinary and restaurant industries billed Charles’s suit, which settled out of court on undisclosed terms in April 2008, 5 as among the first of its kind.6 In the past, chefs and restaurateurs had invoked intellectual property concepts to defend particular aspects of their restaurants, but most had stopped short of filing suits, and few had attempted to argue intellectual property theft in such totality. 7 While Charles maintained that her case was about protecting her restaurant as a whole and not about laying claim to a type of food, her lawsuit
∗
J.D. candidate 2009, Suffolk University Law School.
1. See Complaint at 1:3, Powerful Katinka, Inc. v. McFarland, 2007 WL 2064059 (S.D.N.Y. 2007) (No.
07 CV 6036).
2. Id.
3. Pete Wells, Chef Sues Over Intellectual Property (the Menu), N.Y. TIMES, June 27, 2007, at A1.
4. Id.
5. Pete Wells, Chef’s Lawsuit Against a Former Assistant is Settled Out of Court, N.Y. TIMES, Apr. 19,
2008, at B2.
6. Eater.com, Pearl Oyster Bar v. Ed’s Lobster
INTELLECTUAL PROPERTY LAW:
SHOULD THE LAW PLAY A BIGGER ROLE IN THE KITCHEN?
Emily Cunningham ∗
Cite as 9 J. HIGH TECH. L. 21 (2009)
I. Introduction
In June 2007, Rebecca Charles, chef-owner of Pearl Oyster Bar (“Pearl”) in
New York City’s Greenwich Village, sued her former sous chef, Ed
McFarland, now chef and part owner of Ed’s Lobster Bar in New York’s SoHo neighborhood. 1 In her complaint, Charles alleged that McFarland had pirated
Pearl’s menu, recipes, dish presentations, décor, “look and feel,” all of which
Charles believed amounted to a flagrant misappropriation of both her and
Pearl’s intellectual property. 2 The detail that reportedly irritated Charles most was a dish on McFarland’s menu called “Ed’s Caesar.” 3 According to Charles,
McFarland had copied her own Caesar salad recipe, made with English muffin croutons and a coddled egg dressing, which Charles maintained was a signature dish at Pearl. 4
The culinary and restaurant industries billed Charles’s suit, which settled out of court on undisclosed terms in April 2008, 5 as among the first of its kind.6 In the past, chefs and restaurateurs had invoked intellectual property concepts to defend particular aspects of their restaurants, but most had stopped short of filing suits, and few had attempted to argue intellectual property theft in such totality. 7 While Charles maintained that her case was about protecting her restaurant as a whole and not about laying claim to a type of food, her lawsuit
∗
J.D. candidate 2009, Suffolk University Law School.
1. See Complaint at 1:3, Powerful Katinka, Inc. v. McFarland, 2007 WL 2064059 (S.D.N.Y. 2007) (No.
07 CV 6036).
2. Id.
3. Pete Wells, Chef Sues Over Intellectual Property (the Menu), N.Y. TIMES, June 27, 2007, at A1.
4. Id.
5. Pete Wells, Chef’s Lawsuit Against a Former Assistant is Settled Out of Court, N.Y. TIMES, Apr. 19,
2008, at B2.
6. Eater.com, Pearl Oyster Bar v. Ed’s Lobster