Rebecca Charles Sues Ed McFarland Over Fish Shack Concept
Wednesday, June 27, 2007

In what could be a massively important precedent-setter in the restaurant business, Pearl Oyster Bar matriarch Rebecca Charles has filed suit in Federal District Court against Ed McFarland, the latest of her former employees to have gone on to open a Pearl knock-off, in this case Ed's Lobster Bar. Pete Wells for the Times reports:

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.

Mr. McFarland would not comment on the complaint, saying that he had not seen it yet. But he said that Ed’s Lobster Bar, which opened in March, was no imitator.

“I would say it’s a similar restaurant,” he said, “I would not say it’s a copy.”

The time line for the intellectual property suit is unclear, and many of these cases wind up in confidential settlements, but imitators, and you know who you are, should be following this one quite closely.
· Chef Sues Over Intellectual Property (the Menu) [NYT]


Comments feed for this post Feed icon

Comments (24 extant)

1.

I completely agree with The Pearl on this one. Ed ripped off her business plan.. Shame on you!

By Anonymous at June 27, 2007 9:39 AM

2.

Not sure about the other elements of the lawsuit, but I thought it odd she would cite the caesar's salad as her exclusive property when, by her own admission, it's a recipe she copied from another chef. Why is okay for her to copy but not her protege? Is it because the chef she copied is in far-off California and therefore not competition? Or maybe because the other chef gave up the recipe willingly?

By Sarah at June 27, 2007 9:41 AM

3.

Wow. Rebecca Charles came up with th concept of a fish shack? I didn't know that!

By puhlease at June 27, 2007 9:54 AM

4.

If this works, then a fish shack in Cape Cod should sue Pearl Oyster Bar.

By Dave at June 27, 2007 10:34 AM

5.

What one may fail to notice is that Ed worked for Rebecca for 6 years. Rebecca probably taught him how to create some menu items that are from her family's recipe, Then decided to open his clone of The Pearl. The restaurant interior, The menu items and the way they are prepared/displayed look like a duplicate. It's one thing to open up a fish shack. It's another thing to copy the menu items and have your interior look so similar. Would Coke go after an ex-employee who stole their secret recipe and then decide to open their own soda company?? You bet they would.....

By Anonymous at June 27, 2007 11:49 AM

6.

it's a shaky argument considering working at a restaurant for a long period of time is about the only way to gain the experience necessary to eventually open up your own. are restaurateurs going to stop hiring talented and ambitious staff for fear of them actually breaking off and being successful on their own?

By Anonymous at June 27, 2007 11:54 AM

7.

To those who accuse Rebecca of using someone else's Caesar salad recipe, or modeling Pearl after other seafood shacks: what a crap argument.

Any chef's vision is the culmination of his or her lifetime of experience with food. A menu might include grandma's meatballs, the restaurant's decor inspired by the chef's favorite restaurant abroad, etc... Harmless.

Harmless moves into 'iffy' when you take a mentor's dish and replicate it.

"Iffy" turns into _downright slimy_ when you take an alleged 31 out of 34 menu items from a single mentor, copy the paint job and furniture and lie to that mentor about your plans to open a restaurant with a different concept.

The problem is that 'downright slimy' may or not be illegal. Time will tell, eh?

Illegal or not, I think the problem is with Ed's customer base, who believes that tasty food is all that matters. As long as their needs are met, who cares if he's stolen the idea?

Ed's is an example of how ethical choices in eating go beyond knowing where your beef comes from.

I'm highly offended by the idea of giving money to someone whose derivative concept and major lack of imagination is passed off as a happy little place meant for my enjoyment.

What distinguishes a great line cook from a chef/restauranteur is the ability to execute an overall vision that goes beyond the plate. 7 out of the 10 chef-owners we celebrate in NY today don't have what it takes, which is why every spot looks like the next.

By peppermint patty at June 27, 2007 12:14 PM

8.

In literature as Plato tells us, there is a handful of plot lines. The same can be said of restaurant concepts - at least the ones that people will patronize: coffee shop, pizza joint, bistro,etc. Fish shack is one of the timeless concepts.

Each concept has its elements: the bistro has a zinc bar and broadbent chairs; the coffee shop has thick diner china and formica; the fish shack has a marble bar, wainscotting, oyster crackers etc, etc.

Charles was the first to bring the correctly executed version of this concept to NYC, but she didn't invent it. Just like there isn't any problem with thousands of steak houses, chinese restaurants or burger joints, why the hell is it a problem all of a sudden to have another classically done seafood restaurant????

Trying to make this an ethical argument or even worse, a litigious issue is ABSURD and Charles of al people should know that.

By Malpeque at June 27, 2007 12:33 PM

9.

Ummm . . . if you actually read the New York Times article, Rebecca Charles and her lawyers admit she learned the caesar's salad recipe from her mom, who "extracted" it from a chef in Los Angeles (the restaurant is now closed).

By Sarah at June 27, 2007 12:36 PM

10.

If this ends up setting any kind of precedent, McNally will be able to retire from restaurants and live off the proceeds from all of HIS suits against the many, many, many restaurateurs who have ripped off Balthazar.

Cause he "invented" the French brasserie.

By gougere at June 27, 2007 12:40 PM

11.

Sarah/#9:
Ummm... are you talking to me? If so, my point may not have come across clearly. In which case, nevermind.

By peppermint patty at June 27, 2007 12:44 PM

12.

Hi Peppermint Patty--

Actually, I agree with you overall. I think McFarland's actions are definitely sketchy and probably unethical (especially since he opened close enough to Pearl to be a direct competitor). I just find it surprising that (according to the Times) "the detail that seems to knaw at [RC] most" is the Caesar salad, when it's not her original recipe.

But I also agree with you that "downright slimy" may not be illegal--rightly or wrongly--and RC may not have a case. But perhaps it's really about "encouraging" McFarland to rethink his concept in the face of an impending lawsuit.

By Sarah at June 27, 2007 1:04 PM

13.

I think I have an equitable solution that will satisfy both parties: McFarland pays for Charles' hormone replacement therapy and they call it a wash...

By Solomon at June 27, 2007 1:52 PM

14.

LOL Solomon. Perfect way to split the baby.

By anonymous at June 27, 2007 2:23 PM

15.

I think Alan Thicke from 'Family Ties' should sue Charles because she stole his look.

By Eleanor C. at June 27, 2007 2:34 PM

16.

I mean 'Growing Pains'.

By Eleanor C. at June 27, 2007 2:50 PM

17.

Reading the article this morning made me want to never eat at Mary's again. There are far too many chefs who accuse others of "stealing" recipes and it's all just so much pettiness. What do cooks work for? The money? A recipe for Caesar salad dressing are you kidding me? Did he steal the tartar sauce recipe too and does he use old bay? the horror. oh, and don't forget the oyster crackers on the table. groundbreaking. All these "ideas" are coming from somewhere else but the bloodline stops at her? Obviously they had a sticky break up after six years, she didn't know how else to spite him and it comes out in a paint color, a flavored mayonnaise, and a marble bar full of self importance. please.

By chainsaw at June 27, 2007 6:10 PM

18.

Unless someone has eaten at both to be able to make the comparison, they should stop talking. i know it's a novel concept, and people much prefer to appear as if they know everything. honestly, i doubt most people posting have eaten at both to know whether there is a legit complaint. i, for one, have not- so i'm not running my mouth...

By Claymont at June 27, 2007 6:54 PM

19.

we aren't talking tomato water spheres and shrimp noodles here. A caesar salad comparison who the freak cares, its caesar salad. what's next super special chicken wing sauce recipe theft? and from someone who made batches by the gallon for you for six years who I guess is supposed to think that all that time it could have so much better if the chef would have just let them break out and add an extra shot of tobasco to change the recipe to their own? and maybe sneak a little something earthshattering in there like lemon zest? well lets not go that far, wouldn't want people to faint. taking the time and energy to sue someone (even if they are a poser) like this comes from a far different place than anything resembling intelectual property and has much less to do with a few recipes and a color scheme then whatever else is going on between them. I hope.

By chainsaw at June 27, 2007 10:39 PM

20.

Yet another example of Rebecca Charles' general contempt for customers and the dining community at large. If she had her way, Pearl's would be the only lobster shack in New York. That way, she can promote that special brand of discomfort and mediocrity that her restaurant seems to specialize in without fear that customers will go elsewhere.

By J at June 28, 2007 7:44 AM

21.

Never met Rebecca, but I love Pearl, the service is great. Tried to go to Ed's the staff was so rude, we walked out before we were seated.

By eatMan at June 28, 2007 10:31 AM

22.

Everything that Rebecca Charles has done is derivative. I don't understand the lawsuit. Ed was quite the scumbag but this stuff goes on all of the time.

Her food is Maine roadside lobster shack food. The decor is typical of what you find in Maine, Nantucket, Martha's Vineyard and the cape. Gray is the color that everyone uses on Nantucket.

Her stuff is not original. The lawsuit is ridiculous.

Employees rob ideas, clients, procedures all of the time and begin new ventures. She should have had something in writing with him to not be able to copycat her restaurant.

I think EGO is the real problem here. The Chef of roadside cuisine has become delusional.

By Alice at June 28, 2007 8:31 PM

23.

but Rebecca Charles' lawsuit is not about the overall concept - it's about a specific dish and specific details of the decor. it's also about trust and taking advantage. i think it;s very telling that the dish in question is Pearl Ceasar vs. Ed's Ceasar.

personally, i like a little creativity and individuality in chefs whose restaurants i patronize.

By who? me? at June 28, 2007 10:27 PM

24.

If Rebecca Charles is successful, then every cook, chef, grandmother and sister-in-law, in the known world, should sue Martha Stewart. Nothing is original to her, claims it as here, she credits no one and has taken it to the bank.

By jane at October 7, 2007 7:14 PM




Back to top



NYC Links



About Eater
From the newest temples of haute cuisine to the oldest dive bars in New York, from Batali to McNally, Eater has you covered. More about Eater...

Tipping Is Customary
Know about a restaurant opening or closing in your neighborhood, or other NYC restaurant gossip? Do let us know.

Restaurant Search



Archives & Feeds


Full-Content Feed

Contact Us
Email Eater

Photos in Eater Photo Pool See more and submit to Eater Photo Pool

EATER
Editor
Amanda Kludt

Associate Editor
Leslie Price

Contributors
William Tigertt
David Chang

Eater Radar Editor
Kelly Dobkin

Photographer
Noah Kalina

Banner Design
Khoi Uong

Editors-in-Chief
Ben Leventhal
Lockhart Steele