Wolfgang v. Wolfgang: Zwiener Wins

The other Wolfgang's Steakhouse, NOT Wolfgang's other steakhouse

There was Plywood, a debut, possible confusion, words were shared, but the Beverly Hills Steakhouse War is over: Wolfgang Puck's demands that the Beverly Hills location of Wolfgang's Steakhouse by Wolfgang Zwiener be changed to "Wolfgang Zwiener's Steakhouse" were overruled by the U.S. District Court yesterday. Zwiener gets to keep the the restaurant name and current signage, tiny font and all, on Canon Drive and anywhere else he wants to open his eponymous steakhouse. In the court docs, Puck suggests Zwiener's restaurant just isn't good enough to carry the Wolfgang name, or at least his Wolfgang name, which it isn't, but he claims his long-standing customers---or worse, those who wouldn't know the difference---think it is. Got that? The winning Wolfgang and his son Peter Zwiener are a bit more hospitable: "We have great respect for Mr. Puck and his achievements and hope the Court’s decision will foster better relations between our organizations. At the end of the day, we both have the same goal of serving fine food to our patrons.”

Pulled from the court documents in Puck v. Zwiener:

"Puck's attempt to conjure up a consumer injury fails. Puck argues—for the first time in his Reply—that Zwiener's products are inferior and that patrons will be injured when they seek a meal created by a "world famous and award winning chef, and instead, receive a pedestrian meal from an investment banker." Such allegations, however, do not amount to consumer injury, but at most, annoyance. Nor is Puck able to offer any valid reason to rescind the 2007 Settlement Agreement based on the location of Zwiener's restaurant in Beverly Hills. That agreement provides no geographic limitation as to where Zwiener may open a restaurant. Puck's subjective beliefs as to Zwiener's alleged bad faith, moreover, have no bearing on the enforceability of the 2007 Settlement Agreement, which is clear on the face and provides Zwiener's use of the current name for his restaurant?For the foregoing reasons, the Plaintiff's motion is denied."