Because It’s Not Like You Find Packets Of Oyster Crackers At Every Other Seafood Shack Along The Eastern Seaboard Or Anything
An intellectual property suit filed by the owners of Pearl Oyster Bar will test the boundaries of how much you can rip off and then try to accuse others of having ripped off:
Sometimes, Rebecca Charles wishes she were a little less influential.
She was, she asserts, the first chef in New York who took lobster rolls, fried clams and other sturdy utility players of New England seafood cookery and lifted them to all-star status on her menu. Since opening Pearl Oyster Bar in the West Village 10 years ago, she has ruefully watched the arrival of a string of restaurants she considers “knockoffs” of her own.
Yesterday she filed suit in Federal District Court in Manhattan against the latest and, she said, the most brazen of her imitators: Ed McFarland, chef and co-owner of Ed’s Lobster Bar in SoHo and her sous-chef at Pearl for six years.
The suit, which seeks unspecified financial damages from Mr. McFarland and the restaurant itself, charges that Ed’s Lobster Bar copies “each and every element” of Pearl Oyster Bar, including the white marble bar, the gray paint on the wainscoting, the chairs and bar stools with their wheat-straw backs, the packets of oyster crackers placed at each table setting and the dressing on the Caesar salad.
God bless Caesar Cardini. But of course it’s not just about the Caesar:
Ms. Charles’s investment was modest. She built Pearl Oyster Bar for about $120,000 — a cost that in today’s market qualifies as an early-bird special.
She acknowledged that Pearl was itself inspired by another narrow, unassuming place, Swan Oyster Depot in San Francisco. But she said she had spent many months making hundreds of small decisions about her restaurant’s look, feel and menu.
Those decisions made the place her own, she said, and were colored by her history. The paint scheme, for instance, was meant to evoke the seascape along the Maine coast where she spent summers as a girl.
“My restaurant is a personal reflection of me, my experience, my family,” she said. “That restaurant is me.”
White marble bars — OK, everyone has that — but I totally own the Maine seascape!
Posted: June 27th, 2007 | Filed under: Everyone Is To Blame Here