Slow out of the box, what with the crushing of the spirits of youth and all, but never too late for a Guiteau Monday. First, an out-of-court settlement in the Case of the Purloined Clam Shack Concept. There really seems to be no winning with this one. It's pretty clear that Ed McFarland ripped off a lot of ideas from Rebecca Charles, but also clear that the lawsuit is without merit, as its own assertion of "plagiarism" indicates. According to Eater "Charles sued McFarland last summer for plagiarizing her restaurant concept," but it is not clear to me how one can plagiarize a restaurant concept. A restaurant concept can be original in a particular case, but in general, there is not the presumption of an original idea, executed by an author, that one has in, say, novels. As something that can be plagiarized, "restaurant concept" seems about like a lawsuit claiming that someone has plagiarized your "lifestyle." (Peter O'Toole, but I digress.)
Further, it is not even clear to me that plagiarism, qua plagiarism is illegal per se. If I claim authorship of a work in the public domain, say, Moby-Dick, I am a jackass, and might lose my job, depending on what it is but what law have I broken?
Unfortch, it seems like the one had the deeper pockets than the other, and there's a settlement, rather than a conversation. To make matters worse, recognizing the groundless nature of the suit puts one in the position of rooting for the underdog, who clearly ripped off his former boss in a tacky, but not illegal, way. However, it's hard to imagine rustling up a legal defense fund for this case.
And to make matters worse, the butterfly wreath. A sixty-nine dollar juggernaut of mumsyness from the good folks at W-S!
Recent Comments