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Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > June > 24
Wednesday, June 24, 2009
New Duke’s will reopen, but must serve only the old Duke’s Golden Ox menu
UPDATE: Duke’s owner Reece Powers III said Wednesday night that the restaurant at 630 E. Dixie Drive in West Carrollton will reopen at 4 p.m. Thursday, June 25.
A federal judge ruled today, June 24, that Duke’s restaurant in West Carrollton can reopen — if and only if it serves strictly the menu of Duke’s Golden Ox Steak House, which closed in 2004.
The menu restrictions are part of a preliminary injunction granted by U.S. District Court Judge Thomas M. Rose in the trademark-infringement lawsuit filed by the former owner of Dominic’s Restaurant, Anne B. Mantia, against the owner of Duke’s restaurant, Reece Powers III. Powers is the nephew of Ray “Duke” Morris, who operated Duke’s Golden Ox Steakhouse from 1970 until it closed in 2004.
Rose had already ruled that Powers had violated the terms of a temporary restraining order when he opened Duke’s on May 1 because Powers and other defendants in the case had improperly capitalized on the Dominic’s name. The judge ordered the restaurant to close May 14. An attorney for Anne Mantia argued Monday that Duke’s should be allowed to reopen only if it changed its menu theme from an Italian restaurant to a steakhouse or Mexican restaurant. Attorneys for Powers had argued for no menu restrictions.
In forcing the former Duke’s Golden Ox menu — which became a part of the case when Duke Morris hand-wrote it into an affidavit he filed in support of his nephew — onto the new Duke’s, Rose seemed to be splitting the difference, since the Golden Ox menu contains many Italian dishes such as spaghetti, manicotti, and lasagna in addition to steaks and chops.
It was a remedy that neither side requested, but Rose said in his ruling that he was following the law in restricting Duke’s Restaurant to serving the menu of its now-defunct namesake restaurant.
“Should the Parties agree to a different menu, they may submit it to the court for approval,” Rose wrote.
Powers said late Wednesday that he welcomed the judge’s decision and intends to reopen Duke’s at 4 p.m. today, June 25. “We have a lot of employees and customers who are supportive of us,” he said.
Powers’ attorneys had submitted the Duke’s Golden Ox menu into the court record as part of an affidavit signed by his uncle and former Golden Ox owner Ray “Duke” Morris, who operated Duke’s from 1970 to 2004 virtually next door to Dominic’s on South Main Street in Dayton. Dominic’s closed in 2007.
Duke’s was open from May 1 to May 15 at 630 E. Dixie Drive in West Carrollton before it shut down by order of the judge.
The menu of the new Duke’s restaurant was the subject of heated debate during the hearing Monday, June 22 in Rose’s courtroom. An attorney for Anne Mantia argued that Duke’s should be allowed to reopen only if it changed its menu theme from an Italian restaurant to a steakhouse or Mexican restaurant. Attorneys for Powers had argued for no menu restrictions.
Rose ruled that a preliminary injunction — and its menu restriction — is warranted because the actions of Powers and other defendants created confusion over the restaurant’s connection to Dominic’s. Powers established a corporation last year and named it “Dominic’s Restaurant Inc.” that was later dissolved after the lawsuit was filed. Powers’ co-defendant Christie Mantia — the granddaughter of Dominic’s restaurant founder Dominic Mantia and the stepdaughter of Anne B. Mantia — told the Dayton Daily News in a March 17 interview that the new restaurant would be serving a menu similar to Dominic’s prepared by former Dominic’s chef Harry Lee, who is also named as a defendant in the lawsuit.
Rose concluded it would be wrong for Duke’s to be allowed to reopen without menu restrictions after it had improperly infringed on Dominic’s service marks during the two weeks it was open, and would likely continue to benefit from its improper aligning with the Dominic’s name after reopening. But instead of trying to prohibit Duke’s from serving Italian dishes altogether, Rose mandated the Golden Ox menu, which became part of the court record in part because Powers said it was Duke’s, not Dominic’s, that his new restaurant was patterned after.
So far, the case has revolved around restraining orders and injunctions regarding Duke’s, while the requests by Anne B. Mantia for monetary damages for what she says are trademark infringement and breach-of-contract remain unresolved.
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TweetCincy restaurateur vows to give away $2 million in gift cards
Cincinnati restaurateur Jeff Ruby announced today, June 24, that he’ll give away $2 million in gift cards to those who eat at his newest restaurant, in downtown Cincy, called Bootsy’s Produced by Jeff Ruby.
The gift cards obtained by eating at Bootsy’s would then be redeemable at any of Ruby’s restaurants, which include The Precinct; The Waterfront; Carlo & Johnny; and Jeff Ruby’s Steakhouse in addition to Bootsy’s.
“I want people to experience Bootsy’s Festive Spanish Dining, and our creative menu of tapas and sushi,” Ruby said in a news release issued this afternoon. “And, I want people to come downtown. Our summer promotion is my way of thanking our guests for trying our newest restaurant, Bootsy’s, this summer.”
Click here for the official rules of the gift card giveaway, but here’s how it works, according to the restaurant chain’s news release:
During regular lunch hours on Monday-Friday from 11 a.m. until 2 p.m., guests, who purchase a minimum of $15 worth of food, will receive a $25 dining gift card to a Jeff Ruby restaurant.
During dinner hours on Monday-Thursday from 5 p.m. until 10 p.m. and Friday-Saturday from 5 p.m. until 11 p.m., guests who purchase $25 worth of food, will receive a $50 dining gift card to a Jeff Ruby restaurant. In addition, diners who visit on pre-selected dates will receive a $100 dining gift card for a $25 minimum food purchase.
The promotion runs from today through September 21, 2009.
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TweetNew Asian restaurant coming to downtown Dayton
Here’s a bit of positive restaurant news from the city of Dayton. It comes in the form of an emailed news release from city of Dayton spokesman Tom Biedenharn and involves a Cincinnati restaurateur opening a new Asian restaurant at 200 S. Jefferson St., at East Fifth Street, across from the Neon Movies, in the spot that was vacated by Chin’s Oriental Cafe in 2003 and later by Elbo’s bar/lounge:
A new Asian-theme restaurant is expected to open near the Dayton Convention Center later this summer, creating approximately 30 new jobs downtown.
The new restaurant, called Sa Bai, will occupy space that once housed Chin’s restaurant in the Dayton Transportation Center complex, which is managed by the Dayton Convention Center.
The casual dining facility will be owned and operated by Chanaka DeLanerolle, who also owns several restaurants in Cincinnati, including Mt. Adams Fish House, Teak Thai Cuisine and Sushi Bar, The Celestial Steakhouse, Incline Lounge, Apsara Asian Cuisine and Sushi Bar, and Longworth’s.
At its public meeting today, the Dayton City Commission approved a five-year lease agreement with Chanaka DeLanerolle/Sa Bai LLC. The owner plans to invest approximately $250,000 in renovations before opening for business at the end of August. The restaurant will be open seven days a week.
The concept for Sa Bai is a casual to upscale dining Asian restaurant, Sushi bar and lounge, providing a unique and rewarding dining experience through an array of authentic cuisine and beverages from across Asia. The lounge would provide additional entertainment with either live music or a D.J. The patio area will be utilized for additional dining space.
“We are excited to have a new restaurant added to the many choices already available downtown,” Mayor Rhine McLin said. “Based upon his track record in Cincinnati, Mr. DeLanerolle obviously has the experience and skills necessary to operate a successful restaurant. Sa Bai will offer yet another dining experience for downtown workers and residents as well as visitors to the Convention Center, the Crowne Plaza Hotel, the Neon Movies and the Oregon Arts District.”
According to the City Manager’s report distributed at today’s (June 24) city commission meeting, the restaurant plans on employing 15 to 20 full- and part-time employees, not the 30 mentioned in the news release, but either way, this is encouraging news.
Here are other details of the lease agreement contained as spelled out in the city manager’s report:
— The rental agreement is for a five-year original term with three five-year option terms.
— Sa Bai restaurant will pay no rent for the first five months, from July 1 through Nov. 30, “allowing the tenant to complete renovations and build their business.”
— For the remaining seven months of the first year, through June 30, 2010, the restaurant will pay $2 per square foot, or $6,750 over that period. Over the remaining four years of the original term, rent will continue at $2 per square foot, or $11,572 a year.
— Rent would rise to $2.15 per square foot in years six through 10 and to $2.30 in years 11 through 20 of the option terms, to a total of $13,308 a year.
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