small businesses, intellectual proprty, property design, competition, consumer protection
Imagine it is opening day for your first restaurant. It has taken months, if not years, to get to this point and you have spent a lot of money in developing the menu, artist style, and feel for the restaurant. A few months after the opening of your restaurant, a competing restaurant, right down the block from your restaurant, opens its doors; its menu and overall look are virtually indistinguishable from your restaurant. You are left wondering what remedies, if any, you have as a small restaurant owner. This was the case for Chef Rebecca Charles and her Pearl Oyster Bar in New York City.
Pesek, J. (2021). Equalizing the Playing Field: The Time has Come for Secondary Meaning in the Making in Small Restaurant Trade Dress Infringement Cases. Journal of Food Law & Policy, 5(1). Retrieved from https://scholarworks.uark.edu/jflp/vol5/iss1/6