| June 4, 2008 - Wolfgang Zwiener, the former veteran head
waiter at famed Peter Luger Steakhouse in Brooklyn, NYC and current owner
of highly-acclaimed steakhouses in New York, has filed a countersuit against
Wolfgang Puck claiming Puck materially breached his contract with Wolfgang
Zwiener by challenging Zwiener's use of the name Wolfgang's Steakhouse
by Wolfgang Zwiener in connection with Mr. Zwiener's recently opened high-end
steak house in Beverly Hills.
Last month, Wolfgang's Steakhouse by Wolfgang Zwiener in Beverly Hills
opened to a star-studded crowd. Two weeks after the opening, Puck
filed suit against Wolfgang Zwiener claiming trademark infringement.
Puck claims that some of his patrons have been confused by his new competition
in Beverly Hills. According to the countersuit, Puck is violating a mutual
agreement he signed in 2007 allowing Wolfgang Zwiener to open steakhouses
outside New York City under the very name that Puck has now challenged.
Zwiener's counterclaim alleges that Puck has failed to live up to his end
of the bargain by interfering with Wolfgang Zwiener's right to open his
steakhouse in Beverly Hills and refusing to meet with Wolfgang Zwiener
to discuss ways to address Puck's allegations of confusion.
Wolfgang Zwiener developed a national reputation in the steakhouse business
and a huge following through his highly-acclaimed Wolfgang's Steakhouse
restaurants in New York and his decades of service as the former head waiter
at world famous Peter Luger Steak House. Before then, he served at Luchow's
Restaurant, the elegant German restaurant and beer hall that was a cultural
icon for many years and remained in operation for a full century. New York
Magazine named Wolfgang's Steakhouse "Best New Steakhouse" in its May 21,
2005 edition. Wolfgang's Steakhouse is listed in ZAGAT Survey's list of
America's Top Restaurants, TimeOut New York Eating & Drinking, and
the Michelin and BlackBook guides to New York, among other guide books.
Zwiener's steakhouses are generally packed and have been known to attract
high-profile patrons and celebrities.
Wolfgang Zwiener stated, "I will not allow Puck to prevent me from using
my name at my Beverly Hills steakhouse simply because he claims that some
of his friends and patrons have been 'confused.'" Peter Zwiener, Wolfgang
Zwiener's son and one of the co-owners of Wolfgang's Steakhouse by Wolfgang
Zwiener, noted, "We chose Beverly Hills, California for our first steakhouse
outside New York because there was enormous demand by our clientele to
open an outpost in L.A. and L.A. is home to many transplanted New Yorkers."
Although Puck claims great surprise in his lawsuit about the opening of
the Wolfgang's Steakhouse by Wolfgang Zwiener restaurant in Beverly Hills,
the development process for this restaurant was publicly conducted and
featured the direct and extensive involvement of the Beverly Hills City
Council, which selected Zwiener's restaurant to fill the space, which is
owned by the City of Beverly Hills. As Peter Zwiener also noted, "The City
of Beverly Hills even approved the signage that Puck is objecting to."
Papers filed by Zwiener's attorneys of the firm Cowan, Liebowitz &
Latman, P.C. state: "Despite Puck's melodramatic effort to paint Defendants
as villains straight out of 'Casablanca,' ... the actual evidence reflects
not a creative Hollywood movie plot, but only a more mundane and entirely
legitimate business decision. Defendants expanded into Beverly Hills, as
they had an absolute right to do under the Settlement Agreement with Puck,
and conducted themselves in complete accordance with that agreement. Defendants
sought to build on their own reputation developed as a result of their
successful introduction of other 'Wolfgang's Steakhouse' restaurants in
New York. While Puck may envision an imaginary world filled with sinister
plots to take advantage of his good name, the record evidence simply does
not support the Hollywood fiction he seeks to create."
The Countersuit seeks dismissal of Puck's suit, compensatory damages
and reimbursement of attorneys fees and related relief.
| Wolfgang Puck Files Suit against New Restaurant
for Trademark Infringement Seeks Injunction in Light of Widespread Public
Confusion over Name
BEVERLY HILLS, Calif. - May 2008 - World-renowned chef and restaurateur
Wolfgang Puck filed a trademark infringement and unfair competition suit
today in Los Angeles Superior Court against the owners and operators of
�WOLFGANG�S STEAKHOUSE BY WOLFGANG ZWIENER.�
According to the lawsuit, the opening and promotion of the new restaurant
has created confusion in the public�s mind regarding the affiliation of
�WOLFGANG�S STEAKHOUSE� and Wolfgang Puck. Zwiener�s property is strategically
located on North Canon Drive in Beverly Hills on the same street as Wolfgang
Puck�s flagship restaurant Spago and within blocks of Wolfgang Puck�s own
award-winning steakhouse CUT. By also prominently featuring the name �Wolfgang�s
STEAKHOUSE,� and minimizing the tag-line �BY WOLFGANG ZWIENER,� the lawsuit
alleges that the owners and operators of �WOLFGANG�S STEAKHOUSE BY WOLFGANG
ZWIENER� (one of whom is affiliated with a company whose license to use
the Spago trademark in Japan ended in 2005 and Wolfgang Puck chose not
to renew) are brazenly seeking to take unfair advantage of the reputation
and enormous good will developed over the last 32 years by Wolfgang Puck
and the Wolfgang Puck brand.
In addition, the suit alleges that Mr. Zwiener has violated a 2007 agreement
whereby it was agreed that if Zwiener opened a restaurant outside of Manhattan
he would use his full name �Wolfgang Zwiener� in a manner which would eliminate
confusion regarding any affiliation between �WOLFGANG�S STEAKHOUSE� and
Wolfgang Puck.
After six years as co-owner of the famous West Hollywood restaurant
Ma Maison, Wolfgang left to open Spago in 1982 on the Sunset Strip in Los
Angeles, eventually relocating it to North Canon Drive in Beverly Hills
in 1997. Additionally, Wolfgang Puck has established 17 fine dining restaurants
in Las Vegas, Atlantic City, Beaver Creek, Detroit, Maui, San Francisco,
Orlando, Washington, DC and Minneapolis.
Tom Kaplan, senior managing partner of the Wolfgang Puck Fine Dining
Group stated, �Wolfgang Puck has developed a legendary name and reputation
known for bold, innovative cooking and presenting dishes with panache and
passion. He is a household name throughout the country, particularly in
the Beverly Hills and Los Angeles communities, with a wide-reach and high-visibility
in the celebrity, entertainment, business and political worlds. Overseeing
three distinct and highly successful companies, Wolfgang Puck Fine Dining
Group, Wolfgang Puck Catering and Wolfgang Puck Worldwide, Inc., Wolfgang
has worked tirelessly and spent many millions of dollars in developing,
nurturing and promoting the Wolfgang Puck brand throughout the United States.�
�In addition to authoring cookbooks, regularly appearing on television,
writing a weekly syndicated newspaper column, and traveling to make personal
appearances nationally throughout each year, Wolfgang remains first and
foremost an extraordinary chef. This is reflected by his receipt of the
2008 Chef of the Year Award from the prestigious Culinary Institute of
America, as well as many other awards and accolades including multiple
James Beard Foundation awards,� continued Kaplan.
The suit notes that in recognition of what Los Angeles has meant to
him, Puck is involved in many philanthropic endeavors and charitable organizations
including the Puck-Lazaroff Charitable Foundation. It manages and supports
the annual American Wine & Food Festival benefiting Los Angeles chapters
of Meals on Wheels. The Foundation has raised more than thirteen million
dollars since 1982 for these organizations.
�People have come to me and asked why I was opening another steakhouse
in Beverly Hills and whether I am going to close CUT,� noted Puck. �I tell
them the new steakhouse has nothing to do with me and they stare in disbelief.
The most common reaction is �It says �Wolfgang�s Steakhouse and you are
Wolfgang,�� continued Puck adding, �In over thirty-two years, I have never
encountered such confusion expressed by my patrons and in the media. My
friends have repeatedly urged that I take the steps necessary to correct
the ongoing misleading impression. All of this would have been avoided
had Mr. Zwiener paid more than lip-service to our 2007 agreement and actually
tried to avoid confusion.�
The Complaint seeks an injunction to stop the infringement of the Wolfgang
Puck Mark and to eliminate the source of the ongoing confusion and unfair
competition; the recovery of damages incurred by Wolfgang Puck, including
treble damages for false advertising; the rescission and cancellation of
the 2007 agreement, an accounting and restitution of ill-gotten profits
realized by the owners and operators of Mr. Zwiener�s restaurant; reimbursement
of attorneys fees and related relief.
David Beckwith, 323-845-9836 |
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