tuscl

Hooters Lawsuit Claims Rival Restaurant Stole ‘Trade Secrets'

Saturday, October 1, 2011 5:06 PM
WASHINGTON -- Hooters, the restaurant chain famous for its scantily clad Hooters Girls, sued the partner of an upstart rival in Georgia federal court this week, accusing the company developing Twin Peaks restaurants and a former Hooters executive of stealing trade secrets in their bid to take on the “delightfully tacky yet unrefined” restaurant chain. In their lawsuit, Hooters claims that Joseph Hummel, former Hooters vice president, jumped ship to help develop the similarly themed Twin Peaks restaurants (motto: “Eats, Drinks, Scenic Views”) in July and took “sensitive business information” with him. The alleged trade secrets apparently involve more than just skimpy waitress outfits. According to the suit, in the weeks leading up to his departure to Twin Peaks development partner La Cima Restaurants, Hummel downloaded and emailed to his private account a “substantial volume” of Hooters documents, including plans related to management, recruitment, distribution and sales. Although Hooters has more than 400 locations throughout the country, the two so-called breastaurant companies could soon have a rivalry in Georgia and other parts of the Southeast. According to the lawsuit, Hummel's departure coincided with a number of other high-ranking defections from Hooters to La Cima, including former Hooters CEO Coby Brooks. Hummel is now chief operating officer at La Cima, which, like Hooters, is based in Atlanta. A lawyer for Hooters referred questions to a Hooters spokesman, who could not be reached. A lawyer for La Cima did not immediately return a call seeking comment. Twin Peaks currently has 15 restaurants in five states, but last month it announced plans to open 35 franchises throughout the Southeast over the course of the next decade. Judging from the company's website, the restaurants share many similarities with the better-known Hooters -- namely, chicken wings in the fryer, Ultimate Fighting Championship fights on the big screen, and precious little clothing on the servers. But whereas Hooters waitresses don the trademark white tank tops and orange short shorts, Twin Peaks servers tend to wear a mountain-themed ensemble of flannel bikini-like tops paired with tan hiker shorts. In the lawsuit, Hooters says their “iconic” Hooters Girls are the “cornerstone of the [Hooters] concept,” and notes that “Twin Peaks directly competes with [Hooters] in the market of casual dining restaurants with an all female waitstaff.” Hummel recently told the Atlanta Business Chronicle that within the next seven years Twin Peaks expects to launch as many as seven franchises in the Atlanta area, going head to head with Hooters at its core. He also said the chain would differentiate itself from its competitor, saying Twin Peaks “brings a different feel, a different makeup of food.” In their efforts to expand, Twin Peaks has apparently had a hard time avoiding lawsuits with other restaurants whose names play on breasts. In 2009, the chain's parent company sued a competitor called Grand Tetons LLC in federal court in Texas, claiming that the company's plans to open a restaurant in Arkansas called Northern Exposure infringed on Twin Peaks' “trade dress.” [view link]

21 comments

  • rrbill
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    13 years ago
    The problem is that trade dress is only supposed to be functional elements. (McDonald's Golden Arches aren't functional unless they actually hold up the roof). In other cases, Hooters has stressed the importance of the girls' costumes to the Hooters Experience, which makes them functional. They lost a case like this to Ker's Wing House, a couple of years back in the 11th Circuit. You can't have it both ways.
  • rh48hr
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    13 years ago
    There is another chain The Tilted Kilt. I actually prefer it to Hooters. The food is better overall and the girls are just as hot if not more so. Not that I won't go to Hooters, but the Kilt would be my first option. As with any company, Hooters would like to corner the market, but its better for all with different options.
  • georgmicrodong
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    13 years ago
    Dear Hooters executive leadership: "Sex sells" hasn't been a trade secret for some time now. Like millennia.
  • samsung1
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    13 years ago
    The tilted kilt opened here in Columbus right next to a hooters and that hooters is now closed
  • shadowcat
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    13 years ago
    I have only been to two Hooters. One in Atlanta & one in Columbia SC. The food was meh and most of the servers should have been more covered up. Given the choice and I do, I'll pick McDonalds.
  • deogol
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    13 years ago
    What a fucking ridiculous thing to sue about. No wonder our country is in the fucking toilet.
  • WetWilly
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    13 years ago
    I've been to plenty of Hooters across this land of ours, and two Tilted Kilts. No comparison, the women in Hooters were far, far, more attractive in Hooters. Lots of chubby waitresses in Tilted Kilt who would not ever have been employed at Hooters. Much, much, better food at Tilted Kilt, no comparison. The ambiance was much better, with a classy sports bar look reminiscent of Champs Sports bars.
  • samsung1
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    13 years ago
    WetWilly, you make a good point. The Tilted Kilt also had several flat chested women or women with too many tattoos.
  • Dudester
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    13 years ago
    Wolfies used to be my sports bar of choice-a GREAT chicken sandwich (beyond compare). However, they suddenly decided to change their clientele to ghetto folk and lost my business. Hooters' best shot is suing the VP who emailed the propietary info. Sue him into oblivion and his new company might have to step in.
  • TABB
    •
    13 years ago
    Tilted kilt all the way son!!! Especially the one on Warner road in Phoenix AZ. Some of the girls there could rival some BSC girls in bust size.
  • fetish_dancer
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    13 years ago
    There's a Tilted Kilt opening here, ironically very close to a Hooters. We'll see what happens.
  • steve229
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    13 years ago
    Have visited two Tilted Kilts - the one in Orlando was near the university and accordingly staffed with attractive young coeds, beat the heck out of the talent at the Orlando strip clubs! The TK in White Marsh, MD also had a very nice server crew.
  • GSWx4
    •
    13 years ago
    A thief is a thief and they should be prosecuted criminally. As for the corporation, whether the stolen information provided them with a competitive advantage or not there is no plausible reason that they would accept it other than the hope that it would. A civil suit may be the best recourse to gain an upper hand competitively for the injured party – Hooters. Business is business. As far as Hooters, there is a disparity in quality of servers around the country based mostly on the pool of available talent. Food-wise, not very good with only a few items that are decent. I’ve never been to a Tilted Kilt but I was stuck next to a Twin Peaks for about a week. While their menu looks good the food sucks. I tried eight different items and none were acceptable. There was also only one server/bartender who had any customer service skills. The costumes were not a bikini-like top but rather a tight, red and black plaid half shirt. A plaid lumberjack theme? Really? Must be a fetish thing or something. They did do bikini car washes though. Doubt that they will be a serious competitor or possibly even survive. As a side note I recently met a dancer who used to be a Hooters Girl. Is Hooters a gateway for strippers???
  • shadowcat
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    13 years ago
    A while back there were two ex Hooters girls working at my favorite club. They wore their Hooters costumes and usually danced on stage together. Thet were not the hottest chicks in the club.
  • deogol
    •
    13 years ago
    I went to Hooters three times. All the food sucked except their chili, which wasn't horrible, but wasn't a come back item. Fourth time on, I told my friends no more Hooters for lunch for me. (I guess I like good food.)
  • jackslash
    •
    13 years ago
    Hooters has a trade SECRET? What could the secret be? There's a Hooters in a downscale area where I've gone and the girls are hot or hotter than in a strip club. There's a Hooters in an upscale neighborhood closer to me, but the girls aren't as hot or friendly.
  • farmerart
    •
    13 years ago
    SCs are for titties. Restaurants are for food.
  • gatorfan
    •
    13 years ago
    They stole their tits?
  • motorhead
    •
    13 years ago
    I agree with you Art. Somehow I've managed to make it thru my 50 plus years without ever stepping foot in Strip Club Lite aka Hooters.
  • Club_Goer_Seattle
    •
    13 years ago
    I like to go to Hooters for dinner as a "warm-up" before going to a strip club. In places I've lived there seem to be Hooters restaurants conveniently located to local strip clubs. I had a real blast taking a couple of dancers to a Hooters a few years ago!
  • magicrat
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    13 years ago
    The only Hooters in my town closed and another I know of in Charlotte. I think its time has come and gone. The girls here were nothing special and the food, as everyone has said, was awful. They didn't even upgrade their tvs to hi def! I too met a dancer in a club in a nearby town who also worked at Hooters. She was one of the hottest girls in the club when she started, but then got a boob job and jaded in short order and she wasn't the same.
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