You knew after Stratis Morfogen gave us an earful about the Mr. Chow lawsuit that Mr. Chow’s people would have something to say about it. Sure enough, the restaurant’s attorney, Alan Kluger, has shot back with a statement offering up physical evidence that he says proves Philippe Chau changed his name to Chow only after he and Morfogen started Philippe, in order to confuse Mr. Chow customers. Here’s the latest counterargument — click on the embedded links to see the relevant documents.
Simply put, Chak Yam Chau is not who he says he is. The creation of the persona “Philippe Chow” was designed to confuse MR CHOW customers and profit from the successful name and reputation of MR CHOW. Michael Chow is the visionary behind MR CHOW. Chak Yam Chau had no part in designing, consulting or contributing to MR CHOW’s menu or signature dishes. This lawsuit is about protecting the vital business interests and the name, reputation and identity of the real MR CHOW.
Our complaint describes a pattern of deceptive comments and tactics over the last three and half years - actions that continue to this day, illustrated by comments made by the owners of Philippe over the last week.
Chak Yam Chau claims he changed his name to “Philippe Chow” in 1977. If that’s true:
Why is the name on his personal checks more than a decade later “Chak Yam Chau”?
Why did he sign his resignation letter as “Chau” when he resigned from MR CHOW in 2005?
Why do his naturalization and passport documents (which he shared with media) show the creation of a new name - “Philippe Chow Chau” - in 2006 after he opened his restaurant?
Morfogen claims “we have taken every measure not to confuse the customer.”
However, they have engaged in intentionally misleading and confusing advertising tactics by purchasing search engine sponsored links for “MR CHOW” that divert searchers to Philippe instead of MR CHOW.
Morfogen has admitted that only “thirty to 40 percent” of Philippe’s menu is different.
That means that 60 to 70% are MR CHOW signature dishes with only slightly altered names.
Mofogen claims “our decision is to stay away from Mr Chow” and “I don’t understand how he says we went where he was.”
The reason is simple: They opened within 3 blocks of MR CHOW in midtown New York, 100 yards away from our new location in Miami, and will soon be opening in Los Angeles.
Morfogen claims that to portray Chau as a chopper is “comical”
It is not comical, but a statement of fact. Chau was a chopping assistant, a chopper, an assistant chopper-expediter and for three years before his resignation, a leading expediter. He was never “executive chef” at MR CHOW as has been claimed.