Chow vs. Chow: Miami Beach feud food lands in federal court

 

The proprietors of two Miami Beach restaurants with similar names and menus say this town isn’t big enough for both of them. They have taken their feud to federal court.

Upload and share your own.

You can share related videos and photos.

Submit: Video Pictures Stories

abeasley@miamiherald.com

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 Florida’s first Mr. Chow — it was simply too much for Michael Chow to stomach.

“That was the straw that broke the camel’s 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.”

Morfogen’s 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 company’s recipes), Ernst and Young accountant Sergio Negreira (who will speak to the damage caused by Philippe Chow’s actions) and of course, Mr. Chow himself.

It’s 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 don’t see any particular claim as a clear legal slam dunk. There are contested facts and potentially persuasive arguments on both sides.”

That means Philippe’s 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 Philippe’s menu items he claims are his property.

“[Michael Chow] didn’t invent Peking Duck, didn’t invent chicken satay, didn’t 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 weren’t in the spirit of settling.

“Michael Chow has used his money and power to muscle people around before, but this time he’s met a formidable foe.”

dealsaver
The Miami Herald: Subscribe now!

More from
Miami Beach

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

We have introduced a new commenting system called Disqus for our articles. This allows readers the option of signing in using their Facebook, Twitter, Disqus or existing MiamiHerald.com username and password.

Having problems? Read more about the commenting system on MiamiHerald.com.

Hide Comments

This affects comments on all stories.

Cancel OK
0 comments