And when Michael Chow got word in 2008 that Philippe Miami had bought space in the Gansevoort Hotel just a quarter-mile from the W South Beach, where he would soon thereafter open South Floridas first Mr. Chow it was simply too much for Michael Chow to stomach.
That was the straw that broke the camels back, Miner said. To think that the individual that [Michael Chow] brought to work for him, that he took care of, literally lent him money to buy his first house, would do this to him is galling.
Morfogens counter-argument: If Michael Chow truly felt like his trademark rights had been violated, why not file suit seven years ago? Why wait until 2009, when the Philippe brand had become a lucrative, bicoastal competitor?
Considering the timing, I think this case was nothing but a publicity stunt, Accetta said. It was all about, How do I get the best publicity for the grand opening of my restaurant at the W?
Philippe Miami has since moved out of the Gansevoort and recently reopened a few miles south on Ocean Drive a move motivated largely by a desire to get away from Michael Chow, Morfogen said.
While Miner would talk little about his strategy for the trial, expected to last up to four weeks, his witness list does give some clues.
Miner indicated he plans to call current Mr. Chow Tribeca executive chef David Hor (possibly to attest to the uniqueness of the companys recipes), Ernst and Young accountant Sergio Negreira (who will speak to the damage caused by Philippe Chows actions) and of course, Mr. Chow himself.
Its a line of argument that has a good chance of succeeding, said trademark law expert Greg Lastowka, a professor at Rutgers School of Law.
The trademark and unfair competition claims seems pretty plausible to me, since there appears to be evidence that some consumers were confused about the affiliation of Philippe with Mr. Chow, Lastowka said. But I dont see any particular claim as a clear legal slam dunk. There are contested facts and potentially persuasive arguments on both sides.
That means Philippes fate largely hinges on which story the jury finds most feasible: Philippe Chow as a thief or as the embodiment of the American Dream.
Should Mr. Chow prevail, the Philippe chain would likely go broke. In addition to the crippling damages, Michael Chow is demanding the Philippe restaurants remove from Philippes menu items he claims are his property.
[Michael Chow] didnt invent Peking Duck, didnt invent chicken satay, didnt invent sautéed beef, Morfogen said. These are traditional Chinese recipes that have been around for thousands of years.
As for any chance of a last-minute settlement?
We just were not going to do it, Morfogen added. There was a mediation, but we werent in the spirit of settling.
Michael Chow has used his money and power to muscle people around before, but this time hes met a formidable foe.






















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