Blog of law articles

Oy this Alan Kluger, what a goyisher-cupp:

"This incident further reinforces our suspicion of the deceptive practices and lengths the defendants will go to misrepresent themselves. It's not enough that they've tried to steal our signature dishes, but now they appear to be trying to update their menu with new ideas from our kitchen,'' says Alan Kluger, attorney for Mr. Chow.

Question -- does the litigation privilege extend all the way to Lesley's Scene In the Tropics column?

We've previously covered the Mr. Chow lawsuit, and not just because it involves two of our favorite things -- Alan Kluger and Steely Dan.

But let's take a peek at what's happening in the actual case, now pending before Judge Hoeveler.

Hey, what do you know -- Richman Greer's Lyle Shapiro has filed a motion to dismiss the amended complaint!

And though it too reads somewhat like a press release, there are also some facts included. And some of them even involved research:

Here, Plaintiffs have allegedly used its “Mr. Chow” mark for its Chinese restaurant since 1974. (Compl. ¶ 29.) However, throughout that same period of time, the United States Patent and Trademark Office issued two hundred and fifty (250) trademarks that utilize the mark “CHOW” in commerce. Of those 250 trademarks, fifty three (53) were approved for use on “Restaurant Services” – many of which were issued for Chinese food restaurants – and an additional sixty one (61) marks were issued for food related products and services, including three (3) trademark registrations for “CHEF CHOW’S” for use on “oriental cooking.”

There are also some snazzy graphics and even a reference to good old Judge Learned Hand -- an entertaining mix of old and new school, IMHO.

And I'm sure Alan's ready soundbite to the press today has nothing at all to do with this statement in the brief:

Indeed, the timing of the filing of Plaintiffs’ lawsuit in Miami and the related press coverage encouraged by Plaintiffs is suspect as it coincides with the imminent grand opening of Mr. Chow’s new restaurant on Miami Beach.

Say it ain't so, Alan!

Lyle even rebuts the "spying" allegation at the end of the brief, fairly convincingly I might add.

(You can see the surveillance photos on Lesley's blog).

Barbara, if you're reading this, please please please schedule a hearing on this one!