COLE BAY--The Court of First Instance on Friday lifted the lien placed on bank accounts of Thai restaurant Avantika N.V. by the proprietors of the former Panlaan restaurant Isonet and Siamese Dream N.V. The two restaurants are at loggerheads over the use of their menus and recipes.
Isonet, which is based on the Marshall Islands, and Siamese Dream N.V. on St. Maarten had placed a lien on Avantika’s accounts to obtain penalties that were awarded to them in a previous case.
In January, the Court of First Instance found that the menus of the two restaurants were quite similar and that the dishes were too much alike. The Court prohibited Avantika from using Panlaan’s menu and set penalties of US $500 per day, with a maximum of $200,000, in case of non-compliance.
In May, Isonet claimed penalties as it had found Avantika in violation of the stipulations as laid down in January’s Court verdict.
Problems started when Avantika took over one of the chefs from the neighbouring Panlaan restaurant. The chef not only started working at its nearby competitor, but also took a number of the signature dishes and ingredients with her, which was in contravention of the non-competition clause in her contract, Isonet claimed. According to Isonet’s attorney Aernout Kraaijeveld, this constituted unequal competition.
Avantika’s lawyer Jairo Bloem contested the claim. He admitted that his client could no longer use the contested menu and similar dishes. However, Avantika was not ordered not to use the same names of dishes, said Bloem, as those dishes carry the same name in Thai cuisine worldwide. Certain dishes contain certain ingredients, that cannot be avoided, Avantika’s lawyer pointed out.
Bloem said during the court hearing, which took place November 27, that following the verdict of January 29, Avantika had made “significant” changes to the menu in layout, use of colour and language, and in background, logo and design.
Also, there were different items on the menu and the composition of dishes was also changed. Certain similarities, however, could not be avoided, such as the division of items in appetizers, soups etc., Bloem explained.
Despite claims that Avantika had changed its menu twice Isonet’s lawyer maintained that Avantika was still using largely the same dishes on the menu to which Isonet was entitled as the recipes were developed by its former chef. He said the case involved false competition with the aim to destroy Panlaan, which is now closed.
The Court submitted the menus of both restaurants to a meticulous comparison and submitted a large number of curries, noodle and “stir fry” dishes to a close inspection.
The Judge found that the menus of both restaurants and the number of dishes on them did not differ very much, but the ingredients used in these dishes were not identical. Therefore, the Judge arrived at the conclusion that Avantika was no longer using Isonet and Siamese Dream’s menu.
The lien on Avantika was therefore lifted, but the ban on using Isonet’s menu remained intact. Isonet and Siamese Dream were ordered to pay the legal costs of the procedures, which were set at NAf. 1,677.50.
