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OMG!
THAT looks so fantastic!
Great shot too...
I've never taken a really good look before I wolfed one of those down.
Just one tiny sematic/Jersey detail...
It's always just Wildwood.
Never "the" Wildwoods, though it does sound more romantic that way..

It is amazing how many people are commenting about this when A) they have not seen the complaint and B) they have no idea what the issues are. Inane gossip, speculation, and erroneous conclusions just muddy the waters. The complaint is online and Rebecca Charles is suing for trade dress, identity theft and breach of fiduciary responsibility.

She doesn't claim to have invented anything but HER OWN restaurant, which she is trying to protect.

She doesn't want to stop you from getting your cheaper, closer lobster roll, nor does she lay claim to inventing them, just HER OWN. (Pearl's roll is a completely different animal than the traditional New England shack roll, which is why it's the one everyone copies.)

She couldn't get more customers in the joint and if she were trying to make money, she would have opened several, which brings me to the next point.

It seems McFarland is partnered with businessmen (one a millionaire/political wannabee, according to google) who intend to open of these.

In NYC on biz this week I went to both places for lunch and dinner and ELB looks exactly like Pearl. This is not Ed Levine's bias, it's reality. The paint colors down to the green in the bathroom, gray wainscoting and the white painted brick wall are identical; as are the marble bar and side bar; the beer tap; bathroom furniture; pendant lights; window seat; chairs; floor stain; odd long cabinets behind the bar; glassware, plates, coffee mugs, and doilies; waiter's station; large mirror like Pearl's placed in the same way behind the bar; and the actual layout of the dining room. The placement of the pictures, "sconces," chalkboards, what is written on them and how, menu and wine list are all identical.

Almost every item on Ed's menu is something I have eaten at Pearl in the past or can get today and this includes the lunch menu which no one is mentioning. The presentation of the dishes is identical; the sides are the same, the tartar sauce, the mignonette, etc. The mussel dish and the bouillabaisse (not clam shack dishes) were exactly the same as was Pearl's pot pie. He even makes her blueberry crumble pie. The quality paled but the intent was clear.

I lived in SF for more than a decade, went to Swan all of the time and the restaurants are nothing alike. And anyone familiar with clam shacks knows that Pearl Oyster Bar is much more than that. Tie up all these ends at Ed's and you have AN ILLEGAL FRANCHISE. Right, which I understand is a bit of an esoteric, obsolete concept these days, and the law are on Rebcca's side.

Not to me it isn't. What if Rebecca wins, this changes everything. What if there was only one place in NYC where you could experience a "seafood shack".

Exactly. I think IP rights have been pushed too far already (a copyright term of life plus 75 years?), and a victory by POB could have serious consequences. Everyone steals from everyone else -- that's how ideas and art (and cuisine) evolve. Allowing someone to own the right to a restaurant concept could really stifle creativity and innovation.

Maybe McFarland violated her trust. Maybe he's a worldclass jerk. But IMO she crossed the line when she filed the lawsuit.

Gee, this is really great. The Lobster Roll as Intellectual Property. Just a matter of time until the legal community jumps on this ridiculous bandwagon .... now when I take the subway, the ads will read

"If you or someone you know has been involved in any kind of recipe or food related copy-cat activity, we are here to help you connect to a local attorney for FREE. Talk to a Personal Recipe-Theft Attorney Today! GET THE MONEY, AND STUPID PRESS COVERAGE, YOU DESERVE! Visit www.lobsterollcopycats.com today and get free legal advice" and then an endorsement from Charles herself.

Geeesh ... shut up for cryin out loud, I just want to eat in peace.

I think the people who invented the buffalo wings have a huge case. Since they serve them virtually everywhere. People copy food and recipes all the time. Hell I use one of Emeril's fried chicken recipes (one of 100's) and call it mine. I also agree that I feel bad that the trust issue was breeched.
If I were Ed I would make croutons out of something else and put my own mark on the world.

Ed is right - any psychologist will tell you this - this is not about intellectual property. This is about " a violation of trust, resentment, and betrayal ". When we feel hurt and betrayed we all are inclined to go out on financially and emotionally exhausting campaigns which make no sense commercially.

I'm sure both restaurants will see a boost in business, which is most likely her agenda anyways. Yes, it sucks that someone you trusted doesn't have a dream of his own or imagination ...but please using the court to tell him he's a slimeball? Pathetic.

In the bread baking world we have the guild, in which our main purpose is to share ideas (formulas/recipies) & educate other so we can have great artisan bakeries everywhere.

No matter how hard someone tries....Swan Oyster can never be replicated.....& it's true it's not a restaurant..it's an seafood joint. Anchor Steam Draft & crab @ 8am.....a beautiful joint!

I find it trully amazing how some one like Rebecca Chales can be so shallow when she has clearly taken her ideas and inspirations from other Chefs. In an article posted in the San Francisco chronicle by Michael Bauer (www.sfgate.com) he wanted to get a chef's perspective on the issue so he went straight to the top and asked Thomas Keller his opinion. Any one in this industry knows who this is. His response was and this is a direct quote from the article, "I think it's a bit absurd and laughable in the face of the industry we're in -- hospitality. It's all about sharing what we do and sharing what we know."

Three cheers to Thomas Keller and all the others who realize how ridiculous this really is. It's such a shame that people have nothing better to do with there time than to come up with bogus law suits instead of being happy for people they have mentored especially since it's clear that she didn't invent any of her recipes and they are all borrowed from somewhere else even if they were modified. Isn't that what all chefs do?

I don't think there's even a brand involved. Jasper White has been doing upscale New England food for decades. (And I can recommend his Summer Shacks in Cambridge and Boston.) If you're in business and good at what you do, someone is going to try to knock it off. Yes, it's a pity that someone she trusted decided to do the same sort of thing, but when she admits so many influences - including getting the recipe for the Caesar salad from her mom who had it from an LA restaurant - then getting mad about someone "copying" her just doesn't sound quite as legitimate.

Great site, by the way - I've never been here before, but will definitely point to it from my own blog.

I'm surprised that, among all the brouhaha, I haven't seen/heard any mention of Mary's Fish Camp. (Unless I just missed it). Isn't it part of the story?

Just, ya know, saying.

Ed, this is your third article on Serious Eats about the dispute; all three of them have been decidedly in Charles's corner. On another comment thread you wrote, "Yes, I am friendly with Rebecca, but I don't know why that's germane to this discussion." Could you elaborate on your relationship? It makes it hard to figure out how much of your opinion is colored by your personal relationship.

As a consumer I'm pro-competition. Businesses outside of food service don't operate this way. They patent, trademark, or copyright if they want to protect something. Do we really want a set of de facto restaurant monopolies? How is this good for me? And don't give me a 'this stifles creativity crap'. Restaurants still will innovate to compete without any protection.