Jason Schultz points us to the following surreal slice of news and says, "Boy, I'd love to hear the expert witness testimony in this trial!"
Hooters of America and a rival restaurant chain began arguing in federal court over who has rights to the concept of using scantily clad women to sell food and beer. Atlanta-based Hooters of America accuses Ker's WingHouse of Kissimmee of poaching the idea coined when it opened its first sports bar in Clearwater in 1983, Hooters lawyer Steve Hill said in opening statements Wednesday in Orlando.
"The evidence will show WingHouse has copied the Hooter girl almost from head to toe," Hill said. "For want of a better expression, the Hooter girl is our Ronald McDonald."
But Crawford Ker said he based his chain on Knockers, a failing restaurant with an all-female staff in Largo that he took over after retiring from the NFL, according to pretrial deposition.
Link. You can get a "taste" of the allegations made by Ker's WingHouse here: Link. Couldn't we just settle this with a round of topless onion dip wrestling and some free draft pitchers?
Update: IANAL, but a knowledgeable BB reader who is quite familiar with the law (and requests anonymity) says: "The title for this entry is a tad incorrect. At issue is not copyright, but rather – I am not making this up – 'trade dress.' See the not dissimilar discussion (sans décolletage) here."
