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Pearl Oyster Bar

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Submitted By kenyagreen15
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Pearl Oyster Bar, founded in 1997, had a reputation in Manhattan for making the best lobster rolls in New York City. Pearl Oyster Bar’s owner Rebecca Charles created a unique atmosphere over the years with specialty menu items, such as the popular “Pearl Lobster Roll with Shoestring Fries.” Rebecca filed a law suit against her former sous chef, Ed McFarland, alleging that he infringed on her restaurant identity. Furthermore, Rebecca claimed that Ed had a fiduciary obligation to keep the secrets of the business confidential and refrain from duplicating the recipes and identity of her restaurant. Rebecca further alleged that Ed tried to reproduce Pearl’s success on the upper east side of Manhattan by copying every element of her bar including the atmosphere, the furniture, the paint job and even the Caesar salad dressing.

Any restaurant business should work to protect their intellectual property so as to avoid a situation similar to the one described in the critical incident. This restaurant has several issues that fall under Intellectual property which is a product of human intellect that is intangible but valuable in the marketplace. There are four major issues that impact Rebecca's organizational survivability in several different ways including trademarks, copyrights, patents, and trade secrets.

Patent - method of cooking such as special oil for cooking the fries, a process of controlling inventory, a special stove used in the restaurant. There is no information in the case indicating that a special method or process has been used to cook any of the dishes prepared by Rebecca.

Copyright - menu, specials list, names of dishes, published cookbooks. Rebecca could have a claim her Caesar salad or other dishes are copyrighted if she can prove that the recipes that are used in Ed’s restaurant are identical to hers and show proof of publication, such as a

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