CHEESECAKE FACTORY SUES MIAMI EATERY.Byline: Dave McNary Staff Writer As far as The Cheesecake Factory is concerned, imitation is not the sincerest form of flattery Flattery Adams, Jack toady to his employer. [Br. Lit.: Dombey and Son] Amaziah fawningly complains of Amos to King Jeroboam. [O.T.: Amos 7:10] bolton one who flatters by pretending humility. [Br. Hist. . The fast-growing restaurant chain has sued the Nexxt Cafe in Miami for allegedly hiring away a dozen Cheesecake Factory employees who had photocopied its secret recipes Secret Recipe is a lifestyle cafĂ© chain and has become a household name following its debut in Malaysia since 1997. Secret Recipe has successfully established its brand name in Malaysia, Singapore, Philippines, Indonesia and Thailand by virtue of its quality cakes, fusion food and , then using many ``strikingly similar'' items on its own menu. ``This is a rip-off of valuable properties,'' said Stephen Nagin, attorney for The Cheesecake Factory, on Thursday. ``It's no different from stealing Coca-Cola's recipe.'' But a lawyer for Nexxt said the lawsuit ``has the consistency of watery mashed potatoes n. pl. 1. Potatoes which have been boiled and mashed to a pulpy consistency, usu. with sparing addition of milk, salt, butter, or other flavoring. It is a popular accompaniment to a meat course [U.S., 1900's], providing bulk and calories to a meal. .'' The suit, filed last week in Miami-Dade Circuit Court, accuses Nexxt and 17 other defendants of violating Florida's trade secrets law and of breaking signed confidentiality agreements not to divulge Cheesecake Factory's recipes. It seeks an injunction to stop using the recipes and unspecified monetary damages Monetary damages, in civil law, refers to compensation given to an injured party by a liable party. Monetary damages may be restitution, a penalty, or both. . The case developed after Cheesecake Factory managers sampled the menu at Nexxt, which opened in May in Miami's popular Lincoln Road Lincoln Road runs east and west between 16th Street and 17th Street on Miami Beach. Once open to vehicular traffic, Lincoln Road is now closed to traffic between Washington Avenue and Lenox Avenue. shopping area. Cheesecake Factory representatives say Nexxt's Tex Mex TEX MEX Texas Mexican Railway Egg Rolls, Chinese Chicken Salad Chinese chicken salad, as its name suggests, is a salad with chicken, popular in the United States. The Asian influence comes from common Asian-themed ingredients. Though many variations exist, common features of most salads described as "Chinese chicken" contain lettuce, chicken, and Apple Banana-Nut French Toast - to mention just three examples - carry the same names and ingredients as their own. Nagin said the Cheesecake Factory, which operates 30 outlets including five in Florida, spends over $500,000 annually to develop recipes and train chefs at its headquarters in Calabasas. Nexxt attorney Andrew Rosenblatt called the suit a sham, since the ingredients are published on Cheesecake Factory's menu, placing the recipes in the public domain, and many of the recipes and individuals are not named. Additionally, he noted, Nexxt is 15 miles away from the closest Cheesecake Factory. ``It's akin to a restaurant in Santa Monica Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries. filing suit against one in Long Beach,'' Rosenblatt said. ``The suit is full of generalities and has the consistency of watery mashed potatoes.'' Nagin insisted the recipes are proprietary despite the ingredients being published on the menu, adding, ``What's listed on the menu does not include all the ingredients nor how to make the items.'' Debra Zerzollo, Cheesecake Factory's general counsel, said the suit is the first such action her company has taken against a rival. Shares of The Cheesecake Factory rose 6.25 cents to $28.1875 on light volume Thursday. |
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