The recipe for successful restaurants


US courts have often ruled in disputes over the trade dress of restaurants. Here's a guide to protecting a restaurant’s look and feel

About 60% of new restaurants fail within three years of opening their doors (H G Parsa, John T Self, David Njite and Tiffany King, Why Restaurants Fail, 46 Cornell Hotel and Restaurant Administration Quarterly 304, 309 Exh 1 (2005)). Although factors such as location, quality of food and service and marketing play a significant role in a restaurant's success, developing a unique identity and style is equally important as a restaurant attempts to distinguish itself from the competition. With success comes tougher challenges for established restaurants, as competitors or start-up restaurants attempt to emulate elements of the successful restaurant in the hope of improving their odds of beating the failure rate.

IP laws play a role in protecting a restaurant's identity and style and fending off copycats. Trade mark law can protect a restaurant's name, marketing slogans, logos or the name of a signature dish or beverage. A restaurant's menu,...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

More from the Managing IP blog


April 2014

India's trade mark office goes digital

India’s legal system, including its trade mark registry, has long been criticised for long pendency times and a morass of bureaucratic obstacles. However, a recent push toward digitisation has brought much-welcomed efficiency gains. Peter Leung reports



Most read articles

Supplements