Can You Copyright a Hot Dog Concept?

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2010/10/19 18:01:20 (permalink)

Can You Copyright a Hot Dog Concept?

These 2 guys recently opened an upscale hot dog joint in KC, Dog Nuvo.
They just got sued and are temporarily closed. Their previous owner claims rights to the concept.
Are Restaurant Concepts unique?
 Crossroads' new upscale hot dog place faces lawsuit, closes for now | Dollars & Sense
 Crossroads' new upscale hot dog place faces lawsuit, closes for now Harry Blasco,left, and Marshall Roth of Dog Nuvo
It seemed a bit intriguing that the owners of the new eatery Dog Nuvo in the Crossroads Arts District had been doing a similar concept for their former employer.
Apparently that employer, McClain Restaurant Group, also thought so.
The Independence-based company and its owner Kenneth McClain recently filed suit against Dog Nuvo’s owners — Harry Blasco and Marshall Roth — and their investors, citing misappropriation of trade secrets, breach of fiduciary duty and misrepresentation.
A restraining order has been issued and Dog Nuvo is closed for now.
In the suit, Kenneth McClain said he came up with the idea for UpDog, using his experiences gained from chowing down at hot dog restaurants around the country.
He said he asked Blasco and Roth to research and develop a new concept — food recipes and formulas, pricing, market strategy, suppliers, logos and advertisements. He even paid travel expenses.
McClain also hired college interns to help out.


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