Monday, October 26, 2009
In a case that has some similarities with the long-running Duke’s-Dominic’s restaurant lawsuit, a judge has ordered a Kettering sports bar to shut down because of a lawsuit by the owner of a Trotwood sports bar alleging breach of contract and trademark infringement.
All Stars Sports & Wings, which opened last month in the 4139 Wilmington Pike building that housed a Grindstone Charley’s restaurant until early 2008, has been ordered to “cease operations immediately upon service of this order,” according to a temporary restraining order filed Tuesday, Oct. 20 in Montgomery County Common Pleas Court and signed by Judge Barbara Gorman.
Todd Hicks, owner of All Stars, declined comment this morning, Oct. 26, referring questions to his attorney, whom Hicks said has not been hired to defend him and his business.
The lawsuit was filed by 8-Ball & Wings, 4515 Salem Ave., Trotwood, a business Hicks owned before selling it to Theodore Somerset, according to court records.
Hicks signed a “non-competition agreement” that was filed with the court agreeing not to start a competing sports bar “within a radius of 20 miles” of the sports bar on Salem Avenue.
The lawsuit contends that All-Sports “lies within 20 miles” of 8-Ball & Wings, and that the Trotwood sports bar has suffered a loss of revenue from “the diversion of customers from plaintiff’s business to defendant’s business” and by confusion over the 8-Ball & Wings trademark. The lawsuit alleges that Hicks and his new sports bar “designed their trademarks to resemble” 8-Ball’s trademarks.
The loss of revenue caused by the defendant’s actions exceeds $25,000, the lawsuit contends.
A hearing concerning a potential preliminary injunction has been scheduled for Nov. 5 in Gorman’s court.Tweet
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The first Five Guys Burgers and Fries in the Dayton area that my colleague Tim Tresslar told you about earlier this month did indeed open a week ago today, and from all indications — personal observation over the weekend and second-hand conversations with others who visited — the new burger joint packed ‘em in like crazy during its first week of business.
The Five Guys opening comes right on the heels of a similar opening of another burger chain new to the Dayton area, Smashburger, which is just up the street (Miamisburg-Centerville Road) from Five Guys.
One thing you should know about Five Guys to avoid any first-timer surprises: The sandwiches listed as “Hamburgers” ($4.39) and “Cheeseburgers” ($4.99) on the menu are, in fact, double-patty sandwiches — double burgers. The sandwiches listed as “Little Hamburgers” ($3.29) and “Little Cheeseburgers” ($3.59) are single-patty.
Count my Dayton Daily News colleague Hal McCoy among the fans of Five Guys. In his column on page B9 of Sunday’s (10-25-09) Dayton Daily News, McCoy lists as among his “five-star” restaurants “Five Guys Burgers and Fries in any city in America.”
The question is, does Hal know burgers as well as he knows baseball?Tweet