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,...
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