Exhibit F: Do any of these look like Mr. Chow’s logo to you?

Earlier today, Mr. Chow filed an amendment to its lawsuit against Philippe, accusing the restaurant of sending a spy to infiltrate its kitchen, and now Philippe has fired back with a motion to dismiss the lawsuit. Lawyers believe that since Mr. Chow engaged in “complete radio silence for almost four years” before bringing the case, its ten claims of copyright violation are “barred by laches,” meaning that the complaint was excessively and inexcusably delayed. The document also argues that the “Chow” trademark is “extraordinarily weak,” since the U.S. Patent and Trademark Office approved 53 trademarks using the word “Chow” for “restaurant use,” and there are no fewer than 36 Chinese restaurants in New York City and Miami using Chow in their names.

Interestingly, the document sites a legal precedent indicating that “the higher the caliber of the restaurant, the less likely there will be legal confusion” (meaning, judges take into account that the “discriminating purchasers” of high-end products are less likely to be fooled by knockoffs). The document cheekily argues that if it’s true, as Mr. Chow’s complaint states, that the restaurant is visited by the “intelligentsia” and “world leaders,” its customers should have no problem deciding where to eat. (Besides, it argues, there is no evidence of marketplace confusion.)

The motion also seeks to throw out counts related to the misappropriation of trade secrets, arguing that a three-year statue of limitations has passed, and in any case Mr. Chow’s complaint failed to indicate how, exactly, its secrets differ from those of any other Chinese restaurant, and how exactly it has tried to keep them confidential.

There’s much more in the document (do read it), including photographs and illustrations showing the differences between the restaurants’ interiors and their logos (the document also reveals that Philippe has at various times employed disclaimers to distinguish it from Mr. Chow), but as far as plot twists go, the best part deals with those recent accusations of corporate espionage:

The proposition that Philippe, who has operated a successful restaurant business around the country for nearly four years, sent a “covert” spy, who readily identified himself as such, to Plaintiffs’ place of business for purposes of unfair competition, defies all logic and is simply false. As Plaintiffs are well aware, the individual who came to Plaintiffs’ restaurant was a gentleman by the name of Man Choy (“Peter”). Peter went to the restaurant to say hello to his friend of over forty (40) years, Ng Jai Chung (“John”). A W Hotel Security Guard walked Peter into the restaurant. He did not trespass. When John recognized his old friend Peter, John was happy to see him. Peter and John spoke for a few minutes, exchanged cell phone numbers and promised to continue to keep in touch. After the conversation, Peter walked away from the restaurant. He was in no way escorted out of the restaurant as alleged.

Peter and John met each other in Hong Kong in the 1960s. They remained friends when they were both working in London in the 1970s and 1980s. Even when Peter moved to the United States in the 1980s, Peter and John continued their friendship and kept in touch over the telephone. Approximately five years ago, John traveled from London to San Diego to pay respect to Peter’s brother who was dying of a terminal illness. Peter’s visit to Plaintiffs’ restaurant was for personal reasons and for nothing more. Peter did not visit Plaintiffs’ restaurant with the knowledge or consent of Philippe. Indeed, the pretext of Plaintiffs’ highly inflammatory and groundless claims is clear: they are nothing more than a continuation of Plaintiffs’ improper use of these court proceedings as ongoing publicity for the imminent grand opening of its new restaurant in Miami Beach.

Hmmm, so if Philippe didn’t send Peter into John’s kitchen, how did they know the guy’s name as well as all these details about their relationship? That question, and many more, will no doubt be answered in next week’s episode …

DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ AMENDED COMPLAINT AND INCORPORATED MEMORANDUM OF LAW [PDF]
Earlier: Morfogen Denies Sending Spy Into ‘Delusional’ Mr. Chow’s Kitchen

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Filed Under: lawsuits, mr. chow, philippe, trade secrets, trademarks

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RiRi hit the town in full force this weekend (sometimes with new bff Katy Perry), but naturally she was just one of dozens of celebs keeping our bars and restaurants open this week. Bruce Willis hit Babbo, David Schwimmer talked shop at Coffee Shop, Ralph Fiennes was seen at Da Silvano, and hey, how about some Jeb Bush action! All that, plus requisite downtown-dinner PDA from Drew Barrymore and Justin Long, in this week’s celebrity-dining roundup.

Babbo: Bruce Willis had drinks with friends. [NYDN]

The Box: Sienna Miller danced, occasionally pausing to chat with rumored ex Josh Hartnett. [NYDN]

Building on Bond: Keri Russell declined an invite from two hipsters to lick cappuccino foam off of their noses. [Page Six/NYP]

Coffee Shop: David Schwimmer and the executive producer–writer of Entourage, Doug Ellin, dined and discussed Schwimmer’s upcoming spot in the show. [Page Six/NYP]

Da Silvano: Ralph Fiennes quizzed Andrew Stein about what it was like to have dated Ann Coulter. [Page Six/NYP]

Fresco: Jeb Bush ate with Martin Silverstein, former ambassador to Uruguay, and Port Authority commissioner Bruce Blakeman. [Page Six/NYP]

Gemma: The notoriously affectionate Drew Barrymore and Justin Long stepped outside around 2 a.m and made out. [NYDN]

Georgica: Dan Aykroyd harangued the kitchen staff (it turned out he was joking). Jon Bon Jovi joined in the fun. Aykroyd then got behind the bar and started slinging cocktails to patrons. [Page Six/NYP]

Golden Krust Caribbean Bakery & Grill: Rihanna remembered her Barbados roots with some Caribbean cuisine. [People]

The Griffin: Rihanna and Katy Perry hung out together at the Griffin after Perry’s concert. Mickey Rourke, Lil’ Kim, and Melania Trump were also in attendance. [Page Six/NYP]

Indochine: Dustin Hoffman and Paul Giamatti shared a plate of ribs. [Page Six/NYP]

Junior’s: Rock of Ages star Constantine Maroulis had lunch with manager David Passick. [Page Six/NYP]

Levant East in the Hotel on Rivington: Leighton Meester complimented her waitress’s dress as Jonah Hill, Russell Brand, and friends dined nearby. [People]

Mercadito Cantina: Matt Dillon hung out with friends who doubled as bodyguards against an adoring fan. [Gawker]

Morton’s the Steakhouse: Former NYC mayor Rudi Giuliani ate lunch with lobbyist A.J. Constantinople. [NYDN]

M2 Ultra Lounge: Kanye West, Amber Rose, and Larry Johnson partied in the VIP section. [NYDN]

Nobu: Anna Paquin and Stephen Moyer had their sushi with a side of PDA, but neighboring diner Hayden Panettiere didn’t seem to notice. [NYDN]

Philippe Chow: Rihanna and Katy Perry ate together. [People]

The Prime Grill/: State Democratic Conference leader John Sampson and Pedro Espada gossiped about Mayor Bloomberg over steaks. [Page Six/NYP]

The Pump Energy Food: Chace Crawford poured Tabasco sauce on his Super-Charged Plate. [People]

Sammy’s Roumanian Steak House: Celebrity heart surgeon Dr. Wayne Isom ate a high-cholesterol meal with Larry King and Mario Cuomo. [Page Six/NYP]

Savore: Kelly Cutrone dined by herself. [Gawker]

Sazón/: Sonia Sotomayor had lunch with her staff. [Page Six/NYP]

Serafina Broadway: Sean Combs ate dinner at a table facing the billboard for his new fragrance. [Page Six/NYP]

Serafina Broadway: Kim Kardashian lunched platonically with a Reggie Bush look-alike. [People]

Serendipity 3: Jennie Garth was “obsessing over the ‘wet nuts’ on her walnut sundae” while out with her husband, Peter Facinelli, and their three daughters. [Page Six/NYP]

Serie 56: Injured Mets infielder Jose Reyes danced and entertained a throng of women in the VIP section. [Page Six/NYP]

Shanghai Square: Rihanna sang karaoke with fans. [Gawker]

Wildwood Barbeque: Susan Sarandon and her son Jack ate fried green tomatoes and oyster po’boys. [NYDN]

Zereoué: Former New York Giant Plaxico Burress was in good spirits with friends. [Gawker]

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Filed Under: 675 bar, babbo, building on bond, celebrity settings, da silvano, fresco, gemma, georgica, golden krust caribbean bakery & grill, indochine, junior’s, levant east in the hotel on rivington, m2 ultra lounge, mercadito cantina, morton’s the steak house, nobu, philippe chow, rock and roll hall of fame annex, rockwood music hall, sammy’s roumanian steak house, savore, sazón, serafina broadway, serendipity 3, serie 56, shanghai square, the box, the coffee shop, the griffin, the prime grill, the pump energy food, wildwood barbeque, zereoué

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Dessert Club, Chikalicious macarons: Chocolate, green tea, and strawberry.

Chelsea: As we predicted, Ace Hotel employees are uniformed in Converse. But that’s just the start of the hipster attire. [Cool Hunting]
Crown Heights: A Sushi Tatsu delivery man was hit in the stomach by a stray bullet outside the restaurant and is critically injured. [NYDN]
East Village: Dessert Club, ChikaLicious started selling white macarons this week for $1.95 apiece with fillings like chocolate ganache, fresh-strawberry cream, green tea, and salted caramel. [Grub Street]
Fort Greene: Bonita is scheduled to follow its Williamsburg predecessor to the grave on August 16. [Eater]
Midtown West: The Rockefeller Center Greenmarket reopened this week. [Blondie and Brownie]

Prospect Heights: The “well-loved-but-long-closed BBQ chicken” chainlet Hot Bird will resurface in two months with a location at the corner of Clinton and Atlantic Avenues. [Brownstoner]
Soho: Centovini will close for good after service tomorrow night. [Eater]

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Filed Under: chelsea, crown heights, east village, fort greene, neighborhood watch, soho

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Have you ever wondered why you can get fine Belgian abbey beer Corsendonk at Balthazar? As we found out Wednesday night, there is but one answer: Brooke Shields. We were hovering near Shields at the U.S. Launch of BlackBerry Tour for Sprint at the Thompson LES when we noticed a draft beer in her hands. It turned out to be a Duvel. If Shields is on Broadway, the restaurants she frequents after curtain call start stocking more Belgian beers. “They know I’m going to go there all the time and ask for it,” she explains. Balthazar carries her beer, as do theater district mainstays Marseille and Angus McIndoe.

“When she was doing Wonderful Town, she would come into Marseille one to two nights a week and sit at the bar or one of the tables by the bar and enjoy a big bottle of Duvel,” says Todd Cederholm, former assistant manager of Marseille. (He’s now the GM at Five Napkin Burger.) “I always made sure we had it in stock for her. Some nights we would open up a bunch of bottles of Belgian beer and do a tasting. She knew the different styles and how to describe it, whether something had a lot of hops or more malt. She got into it. When she left the show, I even gave her a whole case of Duvel glasses.”

Shields says she’ll cart Belgian beer on trains with her, and would take it on planes if she could. “I can’t drink wine anymore if I’m going to sing or do anything, so beer does the trick — and it’s like having a meal!” she says. “My favorites are Duvel, just because it’s crisper, and if I’m sort of hungry, then I drink Chimay Blue. I like it better than the Red and I don’t like the White at all.” She also likes La Fin Du Monde, which is brewed in Québec, but who’s keeping track? “I didn’t start seriously drinking until I was breast-feeding,” says Shields. “I know Guinness was what they used to give moms who were breast-feeding. So I started off with Guinness and then refined my taste. It’s the barley and the malt and the hops, so there’s justification for it. Plus it made me happy. Just one a day isn’t going to hurt you. But now,” she cackled, “One’s not the limit!”

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Filed Under: beer, beer me, brooke shields, celebrity settings

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Umi Nom started serving small plates and noodle dishes this week. Take a look inside, via our slideshow, and you’ll notice a long bar, but until the beer, wine, and sake license comes through, you’re limited to house beverages like mango nectar, kalamansi, and young-coconut juices.

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Filed Under: kuma inn, openings, slideshow, umi nom

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Alice Waters, who caught flack from Bourdain for saying she’d eat shark-fin soup as a last meal, has thought better of it, per a press release quoted on Diner’s Journal: “Not long ago I learned that every year tens of millions of sharks, their fins brutally sliced off, are thrown back into the ocean to die, and that many shark species are now seriously threatened. I support Humane Society International’s efforts to end this unsustainable practice, and I encourage other chefs and culinary industry leaders to do the same.” Waters joins Philippe in seemingly being swayed by activists to stop serving shark fin.

Alice Waters: I’ll Pass on the Shark Fin After All, Thank You [Diner’s Journal/NYT]

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Filed Under: alice waters, politics of eating, shark fin

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It’s 4 p.m., and that means it’s time to play Two for Eight. We just asked ten restaurants the best time they can squeeze a couple in for dinner; you need only make your chosen reservation. (As always, we make the calls but don’t guarantee the results.) Today: Modern American.

Commerce (Menu)
212-524-2301
Two for eight? Yes

Country (Menu)
212-889-7100
Two for eight? No
Best available: 7:45 p.m.

Dovetail (Menu)
212-362-3800
Two for eight? No
Best available: 9:15 p.m.

Dressler (Menu)
718-384-6343
Two for eight? Yes

Eighty One (Menu)
212-873-8181
Two for eight? Yes

Hearth (Menu)
646-602-1300
Two for eight? No
Best available: 8:30 p.m.

Lure Fishbar (Menu)
212-431-7676
Two for eight? No
Best available: 9:30 p.m.

Mas (farmhouse) (Menu)
212-255-1790
Two for eight? No
Best available: 9:30 p.m.

Prune (Menu)
212-677-6221
Two for eight? No
Best available: 6:30 p.m.

The Stanton Social (Menu)
212-995-0099
Two for eight? No
Best available: 5:45 p.m.

Filed Under: commerce, country, dovetail, dressler, eighty one, hearth, lure fishbar, mas (farmhouse), prune, stanton social, two for eight

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Thought JoeDoe’s bacon-infused ice-cream sandwich was odd? Today’s Trend Central newsletter points us to lobster ice cream. We’ll let the purveyor, Ben & Bill’s Chocolate Emporium of (where else?) Massachusetts, sell you on this:

Lobster Ice Cream is a butter-flavored ice cream. We buy cooked lobster meat from a local lobster pound, pick the meat, butter it, and fold it into the ice cream. During peak season, hundreds of people daily sample this ice cream and it is one of our most popular items for shipping.

Hundreds sample it? Sure. But how many actually order it? In other lobster news: Fridays through Sundays, Macelleria is offering a one-and-one-quarter-pound lobster, corn on the cob, and Italian coleslaw for $22.

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Filed Under: ben & bill’s chocolate emporium, blechtacular, joedoe, lobster ice cream, macelleria

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At last night’s premiere of Julie & Julia at the Ziegfeld Theater, reporter Bennett Marcus spoke to Anthony Bourdain, who defended blogger Julie Powell against her detractors (“anyone who honors Julia, on balance, is good for the world”) and professed his love for Julia Child’s cookbooks (“When all else fails, Julia’s always there”). Of course, Bourdain has been notoriously hard on the new wave of TV toques, most of all Sandra Lee (you’ll recall him implying she was “as stupid and talentless and messed up as Britney Spears”). But as our president knows, cocktail time heals all wounds. And just as Bourdain was once forced to mingle with arch nemesis Rachael Ray at a South Beach party, he finally had an encounter with Sandra Lee last night.

According to his No Reservations blog, it was “more terrifying and traumatic an event than being smashed by the grill of a Peterbilt, pulled up into the wheel well, dragged for a while, only to have my shredded remnants left by the side of the road, wondering, in my last moments of consciousness, ‘What the hell happened?’” His account of the conversation is short on details (she said “nice things” and called him “a very naughty man”), but do have a read and enjoy him squirming in front of her boyfriend, Andrew Cuomo.

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Filed Under: andrew cuomo, anthony bourdain, beef, julia child, julie and julia, julie powell, sandra lee

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Last night at a certain East Village bar-restaurant, we watched a baby roach crawl out from amid the French fries in our dining companion’s currywurst. After some gagging, and the obligatory “that is the worst” jokes, we debated whether to mention this on Grub Street, and whether we should name the place (as if that many eating establishments serve currywurst). After all, a commenter in our gross-foods post made it a point not to name the restaurant that served them sand. Which got us to wondering — why do people feel an obligation to protect the identity of such places? It’s perfectly valid to complain about a restaurant oversalting a dish, but point out that there was a rat in the dining room and suddenly you’re the rat.

When we published what we were confident was a credible account of a roach inside a chicken at Dirty Bird To-Go (the story came from a trustworthy source rather than an anonymous tipster), certain commenters were disgusted — not by the roasted roach, mind you, but by the fact that we didn’t ask Dirty Bird for comment. Ideally, we should’ve waited till Dirty Bird opened so that we could reach them before posting the item. But then again, the food was probably tainted without the restaurant’s knowledge — what were they going to say? Probably something similar to what last night’s bartenders told us — they said they were surprised, since they had never seen a roach in the restaurant before, and comped the currywurst (though not the merguez we suddenly felt icky about eating).

In the end, we’re not going to name the restaurant, though we will publish this photo of a mosquito that died on its postcard as we were leaving (the front windows were open). That seems fair enough.

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Filed Under: currywurst, east village, health concerns

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This is a great little place with the look and feel of an old soda fountain with nostalgic candies and bottles of…

Soda Shop

125 Chambers St, New York

(212) 571-1100

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Ryan Skeen gives the ’bag a glimpse of his summer menu at Allen & Delancey — he says it’s “a little more intimate, a little more refined” than what he was doing at Irving Mill, but pork toast made it onto the bar menu. Hard to say what we’re ordering first. Maybe the shellfish tagliolini with cockles, mussels, shrimp, sea urchin, and bacon. [Feedbag]

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Filed Under: allen and delancey, irving mill, lower east side, menu changes, ryan skeen

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