A New York chef has decided to sue a former employee over the culinary equivalent of plagiarism.
Rebecca Charles, chef-proprietor of Pearl Oyster Bar in the West Village in Manhattan, has lodged a legal suit against her former sous-chef of six years Ed McFarland.
She is charging him with copying “each and every element” of her restaurant, including the menu and interior style, and recreating it at his own eatery, Ed’s Lobster Bar in SoHo.
The case marks one of the first instances in which a proprietor has gone to court over intellectual property and has brought with it renewed debate over when culinary influence and inspiration become imitation.
Paul Heathcote, director of Heathcotes, said that most chefs will find themselves in a position where they either want to copy something or find themselves being copied.
He said: “All chefs are magpies and take ideas and inspiration from one other, particularly their mentors. I don’t think Charles stands a chance to win this in court.”
Simon Rogan, chef proprietor of Michelin-starred L’Enclume in Cartmel in the Lake District, argued that as the sous-chef dedicated six years of hard work to the restaurant he has the right to take with him what he learned.
“While I think it’s sad that he has chosen to copy rather than create his own individual restaurant, legally I don’t think there should be an issue with this,” he said.
“Taking this sort of thing to court is a very dangerous road to go down.”
What do you think?
