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Ed McFarland Holds a Press Conference: Life Goes On

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.

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From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

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.

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

So why, can you tell me, why has this garnered three articles here when there is NO new information? Get on with it till there is actually something new to report!!!

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

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.

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

"This fight is not about diners enjoying unfettered access to delectable lobster rolls and Caesar salads. It's about a violation of trust, resentment, and betrayal behind the counter and the stove at a couple of restaurants in New York."

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".
Not fair, not right, I demand unfettered access to lobster rolls!
Their squabbles are nothing to me. Violation of trust? Should he have just stayed there the rest of his life, working for her?

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

I agree with Kim Nyland; jumping on any possible, theoretical hint of bias is just far too easy, especially in this all-about-taking-sides situation.

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

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.

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

This is also about free publicity. Mary's Fish Camp, which has not been mentioned, should be furious.

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

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.

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

I find the whole bias thing crap. Ed's relationship with Rebecca doesn't really play into this at all..my gawd he's calling her out for this tomfoolery just as much as he's called out Ed for his restaurant "Ed's uses the same toilet paper as Pearl". I'm reading this article to say....Quit taking yourselves so goddamn seriously...it ain't brain surgery. But please if you're going to call yourself a chef & open your own place....use your own damn imagination & passion.

The point,......this guy is a unimaginitive schmuck & this is pretty silly.

Do you disagree?

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

Ed-Greenfield brings up a strong point. Obviously your friendship with Ms. Charles is creating a bias in your writings on this subject. Let me ask you a question, clearly you reached out to Ms. Charles while writing these articles given the quotes that were not in the NYTimes article. However, you don't make it clear if you reached out to Mr. McFarland? So I'm going to ask, did you? Did you talk to him while you ate at his restaurant yesterday or get his side of the story? If you did, great, please let us know his side, but if not, then your credibility as a fair and balanced writer just went down the tubes.

The real loser in this story is not who ever loses the lawsuit, but the consumer.

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

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!

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

As I've said before I am friendly with Rebecca, but you don't have to be a pal of hers to find what Ed McFarland did problemmatic. I find the whole thing sad and depressing for all involved. I wish Ed hadn't opened Ed's and I wish Rebecca hadn't sued. As I said in my post, there aren't going to be any winners here.

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

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?

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

But I also found a beleaguered Ed McFarland, in way over his head as he tries to make sense of all this. McFarland held a press conference in which (according to Grub Street) he said the following: "I believe her action has no merit. I harbor no ill will and wish her safely to port." His lawyer, Alan Serrins, followed with the following bit of disingenuousness: "I didn't know Caesar salad and lobsters are protected under the intellectual-property laws."

How is that disingenuous? I'm an attorney, and I can tell you that, unless McFarland signed some sort of non-disclosure agreement when he worked for POB, Caesar salad, lobsters and other recipes most definitely are NOT protected under the intellectual property laws. His lawyer is absolutely right.

Her only claim is trade dress infringement -- i.e., that the overall look and feel of her place is inherenly distinctive, and that his place is so similar to hers that it could confuse or deceive customers into thinking that the restaurants are affiliated. The recipes and food will likely play only a minor role in this analysis. I seriously doubt she can win given that the look and style of the restaurant isn't really all that distinctive.

I have to agree with greenfield -- your take on this case is pretty biased.

From Serious Eats

Ed McFarland Holds a Press Conference: Life Goes On

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.

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