Today’s NYT has the story on a dust-up between Rebecca Charles, owner of the Pearl Oyster Bar, and erstwhile Pearl sous-chef Ed McFarland’s Ed’s Lobster Bar.

A bit of the story …

In recent years, a handful of chefs and restaurateurs have invoked intellectual property concepts, including trademarks, patents and trade dress — the distinctive look and feel of a business — to defend their restaurants, their techniques and even their recipes, but most have stopped short of a courtroom. The Pearl Oyster Bar suit may be the most aggressive use of those concepts by the owner of a small restaurant. Some legal experts believe the number of cases will grow as chefs begin to think more like chief executives.

Lord help us. Isn’t the opportunity cost of such litigation awfully high, for a restaurant business where the owner’s attention to things like new recipes is key?

Of course, Mike Madison and Frank Pasquale offer sharp commentary.

UPDATE: And Tim Lee quotes Tom Lee.