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From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

obviously deb you are rebeccas girlfriend, I am a long time pearl customer, I know rebecca and ed, I also know that rebecca did not invent or create the lobster roll recipee. an exact replica can be found in the joy of cooking. I also have seen ed levine eating at pearl quite often and it is obvious he is a friend of rebeccas, making this piece not very credible. So instead of complaining and bad mouthing every chef in the world be happy theres enough business to go around and we all know rebecca has coppied other chefs as well.

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From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

obviously deb you are rebeccas girlfriend, I am a long time pearl customer, I know rebecca and ed, I also know that rebecca did not invent or create the lobster roll recipee. an exact replica can be found in the joy of cooking. I also have seen ed levine eating at pearl quite often and it is obvious he is a friend of rebeccas, making this piece not very credible. So instead of complaining and bad mouthing every chef in the world be happy theres enough business to go around and we all know rebecca has coppied other chefs as well.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

hmmm... just an observation .... competition is good but basice marketing is differentiation and as for chefs... CREATIVITY and signature dishes make them who they are... many chefs and employees leave restaurants to open their own places...but 99% do it to showcase their tatlents... duplicating restaurants is plan stealing and shows the Chef has no talent to stand on his/her own two feet ... I am for comptetion but make your own mark on the world...

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?


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.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

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.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Tom415: Facts wrong, again. Bobby Flay was Executive Chef, Neil was Chef de Cuisine, Mary was Sous Chef. The lawsuit never went to trial before a judge. It went into mediation. Enough said.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Maybe the posters are the reason chefs “hate” blogs not the poor bloggers. In the interest of fairness I have fact-checked my information. Bolo finally got back to me and said that Mary was line cook to Neil somebody who was under Flay. NYS court records show that there was a lawsuit over the ownership of Pearl (its origins and menu) with a trial in front of a judge, which Rebecca won. MFC maintains it was a firing. Whatever, my conscience is clean. This was my first post ever on a food blog, the topic was so fascinating. I call dibs on the Lifetime movie.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Tom415: let's clear up some "facts." Before opening Pearl WITH Rebecca, Mary was the Sous Chef at Bolo for Bobby Flay (you've heard of him, right?). As for the menu coming from Rebecca's love for Maine - it was actually the restaurant concept - not the entire menu. Some of the recipes on the menu were and are Mary's and Mary's alone, some were collaborations and some were Rebecca's - they were Co-Chef/Owners. As for the "chatty waitresses" at MFC, they have their facts wrong too. There was no law suit, and Rebecca won nothing. There were shareholder disagreements - as many corporations have. Rebecca bought out Mary's shares. Mary moved on - taking her recipes with her. MFC has a Florida fish camp vibe - nothing like Maine or New England - and has it's own, original menu.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Black Ford comment hysterical but despite an MBA from Wharton, I work in non-profit AIDS fundraising. Addressing the more germane comments above, law and finance firms have rigid “exit” guidelines and policies against poaching clients.

An employee takes their acquired experience to a new job, not steals someone else’s product. And chefs may enjoy a challenge but no one wants a former employee opening a copycat restaurant serving the exact same recipes and presentations in a space designed to look exactly like theirs.

I was a regular at Pearl from the earliest days, and liked both Rebecca and Mary. But Mary herself told me Pearl and its menu came from Rebecca’s love of Maine and that they met when Mary worked as her line cook at another restaurant. The chatty waitresses (I still visit them at MFC) talked frequently about a lawsuit over Pearl’s creation and ownership that Rebecca won very definitively. Mary was subsequently fired and if you can be fired, you are an employee.

As someone considering entering the restaurant fray, I guess I feel a vested interest in this topic. It seems that those in the business of exploiting talent will resist all safeguards while creative chefs will welcome them. Copying thwarts growth in all industries but particularly in artistic mediums. If Mary and Ed had had the courage to open their own restaurant concepts instead of knocking off a “sure thing” they might have made an original contribution to the culinary landscape.


From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Tom415 - correction: "It is about TWO chefs who 10 years ago created and entire business entity that was unique to this city and, in fact, the country."

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Can someone please open up a delicious lobster shack that gets this much attention in LA? Sounds fantastic!

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Tom415 - Well, since you asked. Actually, when I was in school, they most certainly did not discourage copying or stealing from others - in fact - we sat at round shared tables - and were encouraged to work together to do our work and to share our answers with those who had no answers. In fact, we were often graded as a group for all of our projects. The only work we did alone were the standardized tests - where they proved that classes like ours - that encouraged team work - had higher individual test scores (even among the students with disabilities) - they deducted: the shared group thinking encouraged individual growth and perspective. Plus, it was just way more fun then being tied to a desk with "eyes on our own papers". All of our hippie teachers raised little captialist rebels with big ideas. Go figure.

This is not software code or image rights - and yet, I think you could look at plenty of examples where the cream of the crop in the software design industry also believe in open code..... shall we say, "Open Software Foundation" ? Linux?

Oh, back to the food biz ...... yeah, the new math.......did I mention risk? Another thing chef/owners understand - the risk associated with opening up a biz and putting their food ideas out there......and possibly improving them......and changing them as their customers and staff change.....and perhaps the risk of having their concepts used by others.

So, yeah, you can't convince me this is about theft or stealing. I do not believe that is so. I agree with FFM : this is business - it is all about me, the customer, and the marketplace. When my burger starts coming with a 5 minute message on copyright law......then I'm moving to China.

Let me guess, are you still driving a black Ford?

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

tom415: clearly you are a little delusional. So since you've been nice enough to bring up learning in school, I'll use some FACTS with citations to follow up some of your bogus claims.

First, you stated earlier that Ms. Redding was just an employee, however she was a partner and co-owner. Here's an article from the NY Times that contradicts your claim. (Unless you do not trust the paper of records?)

Again, you make uneducated claims that In any other industry this would not be allowed to happen. Again, not true. If your a lawyer at a lawfirm, you have every right to leave, open up your own practice next door, and practice the same exact law you were being trained and compensated to do at your previous firm. Better yet, how about Wall Street, arguably the most lucrative industry in New York. Stock brokers can leave their firm anytime they want, and bring there existing clients to another firm, or go at it independently. Don't believe me?

Finally, you make a point that I think everyone on this board will disagree with: Selaura, you do not get it. It is not about what is better or more convenient for YOU. Its always about whats better for the customer, in this case Selaura; that's why its named the hospitality industry. If restaurants stop thinking about whats best for the customers, then there is a huge disconnect.

Competition is the basic foundation off every industry out there. Maybe I'm alone, but I welcome Ed's and Mary's into the mix, because having two additional NE Lobster Shacks benefits the people, and I'm all for the people.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Selaura, you do not get it. It is not about what is better or more convenient for YOU--I can not believe the obtuseness and short-sightedness of people who think, oh, hey, more places for me to get what I want.

It is about fairness and intellectual property. There is a reason that those country fair blue ribbon-winning ladies took their recipes to the grave!

And the chefs ARE complaining. I have read about Mario Batali and the other owners of Casa Mono complaining about that Top Chef kid who just used all of the dishes he learned working there to win top chef. I have heard Colicchio and several other people complain about the BLT guy who has ripped EVERYONE off. I have heard the Magnolia and Buttercup Bakery women complain (I think there is even a lawsuit against someone who worked for one of them) about being ripped off by everyone. Again, it is not that people are making cupcakes, which have been around forever. It is their homey atmosphere and recipes that they are knocking off.

Didn't anyone ever teach you in school not to copy or that stealing was wrong? This is stealingplain and simple.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

oops...one other thing I wanted to add about the competition.....

it can make better workplaces.........sometimes I want to eat "from the same exact concept" - but I just happen to think the staff at one locale is friendlier and happier......and that makes my dining experience slightly different.......

it may look like it, taste like it and feel like it - but the mood may be completely different - and that is important to me, too......

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

I don't think a non-compete clause would necessarily benefit the chefs or the public or the industry. Competition is good for everyone, especially if it is right next door. And chef owners understand this very well. Sometimes they open their own new shops which compete at some level with their existing biz. We all enjoy the benefits of competition - and chefs are some of the most competitive people I know. They aren't complaining - they love it. It's conquest, it's I can do better, I can innovate, I can stay on top. Plus, it's all buzz to them.......which is even better for everyone. Every time a new shack opens - it's more buzz back to the original. Some people just pick up the second or third shop as an extra to rotate.

It would be a very sad day if new owners had to explain to lawyers where their concepts came from to open up. The list of intangibles would never be closed......it would be impossible to open up anything......similarities of any kind would surely be suspect and cause conflict.........imagine the appeals?

Show me a chef/owner who doesn't want the challenge in their own backyard? You will not find one, they do not exist. That person is called an employee. ( or a critic)

Did someone mention salt-water taffy? I love it. And when I go to York, ME I want my taffy and then I want it again in Ogunquit and then I want it again in Wells, and then I want it again in Kennebunk.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

NYKittyNY you, like many others on this post, are missing the very important point that Ed Levine was trying valiantly to make about protections not being in place for chefs. Had this been just about a lobster roll, there would be no issue. It is about a chef who 10 years ago created and entire business entity that was unique to this city and, in fact, the country. I grew up in New England and I can tell you, I never bought any lobster rolls or fried oysters anywhere that are like the ones at Pearl.

Pearl pioneered the upscale clam/lobster shack and THAT is the idea that has been ripped off over and again by chefs in NYC and in other cities. No one is copying the real clam shacks, whose only real draw is that you are on vacation and anything tastes good. (How else do you explain cotton candy and salt water taffy?) To compound matters, the chef has trained and paid 2 employees who were taught all of the trade secrets and recipes who then slunk off and stole the entire concept. This is the incredibly interesting point but it keeps getting lost.

In any other industry this would not be allowed to happen, why are there no protections for chefs? Also, there seems to be a pervasive attitude that there should not be as long as it is easier for you to get your lobster roll. Is it easier with 3 of the same lobster rolls in a 1-mile radius? Sure. Just as it would be cheaper for you to get a bootleg CD, DVD or book but that is not fair to the people who by dint of sacrifice, talent, innovation and hard work created whatever it is they have created.

These two cases Mr. Levine cites are particularly eggregious because they have copied everything from the look and feel of the restaurant, to the business model, to every recipe and probably have an unfair advantage of knowing where to get all of the goods and services. This is the issue and not who has the best lobster roll or the fact that Chef Charles did not invent the lobster roll, which I'm guessing she knows since she grew up in Maine, or something but she should not have to worry that every greedy, or dissatisfied cook who works for her can then go off, steal her concept and damage her business and reputation. Nor should any other chef.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

it's really about time someone called that guy out. i couldn't argee with you more Ed. The world sucks when people do stuff like this. The fact that he's been all over the press lately is just more proof how the PR machine and cash can buy you press. UGH!

I dig Rebecca Charles even more now and it gives me more reason to enjoy my time at Pearl. And as David Chang would say: "shut up and eat." (only not at the other Ed's place)

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

I am a little confused. Did Rebecca Charles invent lobster rolls? I am pretty sure she didn't, since I have been enjoying them since long before 1997. Heck, the McLobster was around before that year. True, my family comes from New England, but anyone who has ever traveled to that region in the summertime has likely enjoyed a lobster roll and freshly fried belly clams.

I recently posted about lobster rolls on my blog as well. I didn't credit a chef of a trendy restaurant because not only have I never eaten there, but I didn't need to. This is the way my family taught me to make them, long before Pearl or Mary's or any other NYC fish place existed. It doesn't take a brain surgeon, or chef, to figure out that if you add lobster meat to mayo and celery you have lobster salad.

Maybe if I launch a movement to make jello molds trendy once again everyone will then have to credit me....

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

goodfriggingrief: If you've made it to the commenting page, you can just grab the link from the address bar of your browser. If you're on any other pages, the title of the post serves as the permalink. For your convenience: http://tinyurl.com/38rshv

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

I'm look'n, I'm look'n... but I ain't finding it! Am I that drunk? Goodfriggngrief... I was able to register successfully on your blog, but I can't find a link to forward this spot on article to other lobster roll love'n friends. What kinda blog is this, that it doesn't want the gospel spread??? You have a great site! Let us pass the word!!

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

"Until I can get one with just lobster and drawn butter, you all can keep arguing about who makes the best lobster salad"
Well beleive it or not Black pearl makes them that way if you ask
which is what I do.
Thier regular roll is excellent as well which many NYer's wouldnt ike because it is just lobster with the barest hint of mayo and nothing else.
Not even salt or pepper!!!

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Wow! This is clearly an emotionally charged issue to a lot of people on both sides of Pearl-Mary's Fishcamp divide. I want to make a couple of things clear. I really like the food at Mary's Fishcamp as I stated in the original post. I would really like the conversation to be centered on the general question of whether a cook or chef de cuisine or even a partner leaving a restaurant to open his or her own place should open a similar restaurant without leaving his or her imprimateur on the new spot. Mary has left her imprimateur. Maybe Ed McFarland over time will as well. The conclusion I am drawing from all this is cooks and chefs are going to do what they are going to do regardless of anything we say or do, and that eaters will frequent their places if the food there meets eaters' expectations.

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

In SF and throughout the world, many chefs leave restaurants and open their own places... proving they can make it on their own and to showcase “their” unique style and flare … maybe taking one signature dish with them … but those copying most of the menu and even ambiance… just goes to show their lack of talent and creativity…

From Serious Eats

Is Imitation Always the Sincerest Form of Flattery?

Fascinating topic--wondered why no one had picked up on it. I hit Pearl regularly and liked both Rebecca and Mary tho' Pearl is a far superior restaurant. I think it's always been pretty clear that Rebecca was the driving force there and the cookbook makes it pretty clear whose recipes they were. Anyway...a new New York Eats any time soon, Ed?

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