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Sushi bar calls its competitor a copycat
(Salt Lake Tribune, The (KRT) Via Acquire Media NewsEdge) Sep. 1--Imitation is supposed to be the sincerest form of flattery, but a Provo sushi bar wants a style all its own.
In a federal lawsuit, The Happy Sumo alleges that competing eatery Yapona copied its decor so closely that customers think the two Utah County restaurants are part of the same chain.
Yapona adamantly disputes the copycat claim, but the American Fork restaurant is nevertheless getting a makeover. Under an order by U.S. District Judge Ted Stewart, Yapona recently began redecorating its interior at an estimated cost of $15,000.
The Happy Sumo claims it suffered an immediate 12 percent drop in sales and a continuing loss of 20 to 25 percent after Yapona opened, something that did not happen when other competitors moved in nearby. The decrease is attributed to customers' belief that the two restaurants, which both serve sushi and Japanese food, are affiliated because of their look.
Elements that allegedly were copied include a red accent wall and flat-panel television behind the sushi bar; booths with faux framing and red curtains on the side that can be closed for privacy; an industrial ceiling with pipes; tables covered with black table cloths and topped by brown craft paper; light-colored chairs; brown stain on a concrete floor; and employees dressed in black.
In addition, the suit claims Yapona is using Happy Sumo confidential trade information, including its sauces. Yapona denies the allegation.
One of Yapona's principals is a former Happy Sumo employee, and three former Happy Sumo chefs now work at Yapona. They are named as defendants, along with the restaurant itself.
Larry Laycock, a lawyer for The Happy Sumo, said his client's complaint is more than skin deep. If sushi lovers have a bad dining experience at Yapona -- and believe The Happy Sumo is affiliated and serves the same food -- they might stay away from both restaurants, he said.
"With sushi, you get one chance with a customer," Laycock said.
But the defendants, who say they serve excellent food, are fighting back. "Yapona denies any wrongdoing and it plans on contesting the allegations vigorously," their attorney, Arthur Berger, said.
Yapona counters in a court brief that their design elements are found in many restaurants -- including some places that use a combination of all of them -- and that The Happy Sumo cannot claim a monopoly on its decor.
Besides, its overall look differs significantly from that of The Happy Sumo, Yapona insists.
For example, it says the Yapona sushi bar is constructed of all-black materials and decorated with Asian collectibles, while The Happy Sumo has a concrete countertop with light wood paneling and displays no collectibles.
In addition, sushi eaters "are a notoriously selective crowd" and carefully choose restaurants, reducing the chance of confusion, the Yapona brief says.
Stewart was unpersuaded and said that despite minor differences, the overall appearances of the two restaurants are the same.
His Aug. 11 order forcing Yapona to redecorate was not a final determination on whether Yapona has infringed on The Happy Sumo's "trade dress," or total visual appearance.
The judge did decide, however, that Happy Sumo showed it has a good chance of winning and would be harmed if Yapona were allowed to keep its current look while the lawsuit works its way through the court system.
pmanson@sltrib.com
Look-alike eateries confuse diners
A federal court judge has ordered Yapona sushi restaurant to change its decor pending resolution of a lawsuit with a competing restaurant.
Happy Sumo Sushi contends that Yapona has copied its interior and employee uniforms so closely that many diners believe the two are affiliated. Happy Sumo is seeking unspecified monetary damages and a permanent order barring its competitor from using a combination of certain decorating elements.
The Happy Sumo, 4801 N. University Ave., in Provo, has been operating at that location for almost four years. It is affiliated with The Happy Sumo, 153 S. Rio Grande St., in Salt Lake City.
Yapona, 466 N. 900 West, in American Fork, opened its doors in October.
To see more of The Salt Lake Tribune, or to subscribe to the newspaper, go to http://www.sltrib.com.
Copyright (c) 2008, The Salt Lake Tribune
Distributed by McClatchy-Tribune Information Services.
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