Intellectual property suits filed by chef

NEW YORK, June 27 (UPI) -- A New York chef sued her former sous chef, claiming he copied virtually every element of her restaurant when opening his, violating intellectual property law.

In the suit filed in Federal District Court, Rebecca Charles claimed her ex-sous chef, Ed McFarland, copied "each and every element" of Charles' Pearl Oyster Bar when he opened Ed's Lobster Bar. Lawyers for Charles said what Ed's Lobster Bar did amounted to intellectual property theft.

The Pearl Oyster Bar's suit may be the most aggressive example of chefs and restaurateurs invoking IP concepts such as trademarks, patents and trade dress -- a business' look and feel -- to defend their restaurants, techniques, even recipes, The New York Times reported Wednesday.

Some legal experts believe the number of cases will grow as chefs begin to think more like chief executives protecting their turf, the newspaper said.

Charles Valauskas, a Chicago lawyer representing restaurants and chefs in intellectual property matters, called their use of IP law "long overdue." He attributed it to more intense competition and higher costs of opening a restaurant.

"Now the stakes are so high," he said. "If I were an investor I'd want to do something to make sure my investment is protected."