Judge rejects Hooters claim of competitor copycat

<p>A federal judge has ruled that Hooters had no case to sue a Florida-based sports bar chain for allegedly dressing its waitresses in outfits similar to the to the national chain's uniform of skimpy shorts and T-shirts. Hooters was then ordered to pay $1.2 million in counterclaim damages.</p><p>U.S. District Judge Anne Conway threw out Hooters' claims Thursday before the case went to the jury, finding that "no reasonable juror" could confuse waitresses for Ker's WingHouse, who are dressed in all-black shorts and tops, with Hooters girls, who wear orange shorts and white tops.</p><p>In a lawsuit filed last year against Largo-based WingHouse, Atlanta-based Hooters of America argued that WingHouse president Crawford Ker copied several elements from Hooters and violated the state's Deceptive and Unfair Trade Practices Act. Hooters cited in its complaint Ker's "WingHouse girls," who also wear skimpy outfits.</p><p>Attorneys for Hooters contended during the three-week trial that WingHouse was so similar to their company that customers could confuse the two or assume they were affiliated. Hooters argued the company copied the waitress concept, menu and the lights strung around its restaurants and wooden wall paneling.</p><p>Hooters' theme "features an unusual and unique merchandising mix consisting of the use of sex appeal in the dining experience," the lawsuit said.</p><p>Hooters was seeking $4 million in lost profits.</p><p>Ker, 42, said Thursday that Hooters was afraid of competition from WingHouse, which has expanded from one restaurant in Largo in 1994 to 14 in the Tampa Bay and Orlando regions. Hooters was founded in Clearwater in 1983 and now has 375 restaurants worldwide.</p><p>"Maybe Hooters hasn't changed with the times," said Ker, who played football for the University of Florida and the Dallas Cowboys before creating WingHouse. "What was good enough for 1983 may not be good enough for 2005."</p><p>"This was never about trade dress infringement," said Ker's attorney Alan Higbee. "It was about competition. They wanted to put him out of business."</p><p>Hooters of America President Coby Brooks, who attended the trial, declined comment on the judge's ruling. Hooters' attorney, Steven Hill of Atlanta, also declined to comment because of the possibility of an appeal.</p>

http://accesswdun.com/article/2004/12/155704