Judge allows new Duke's to reopen, but there's a catch

The restaurant may only serve foods from the old Golden Ox menu.

Duke Morris submitted this hand-written document to show what items were on the original "Duke's Golden Ox Steak House" menu.

ENLARGE PHOTO

An intense family rivalry, taken all the way to Federal Court, focused on the new Duke's Restaurant in West Carrollton, managed by Christie Mantia, the stepdaughter of Anne B. Mantia, the former owner of Dominic's. Christie Mantia's co-defendants were found to be in contempt of court on May 14, 2009 and were ordered to shut down the restaurant, which they did after Friday’s lunch service.

Staff photo by Chris Stewart/Chris Stewart An intense family rivalry, taken all the way to Federal Court, focused on the new Duke's Restaurant in West Carrollton, managed by Christie Mantia, the stepdaughter of Anne B. Mantia, the former owner of Dominic's. Christie Mantia's co-defendants were found to be in contempt of court on May 14, 2009 and were ordered to shut down the restaurant, which they did after Friday’s lunch service.

ENLARGE PHOTO

Duke’s: Home of the court-ordered menu

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By Mark Fisher, Staff Writer Updated 12:19 AM Thursday, June 25, 2009

A federal judge ruled Wednesday, 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 Steakhouse, which closed in 2004.

Duke’s owner Reece Powers III said he plans to reopen the restaurant at 630 E. Dixie Drive at 4 p.m. today, June 25.

The menu restrictions are part of a preliminary injunction granted by U.S. District Court Judge Thomas Rose. They are part of a trademark-infringement lawsuit filed by the former owner of Dominic’s Restaurant, Anne Mantia, against Powers. Powers is the nephew of “Duke” Morris, who operated Duke’s Golden Ox Steakhouse from 1970 until it closed in 2004.

Rose ruled last month that Powers had violated the terms of a temporary restraining order when he opened Duke’s May 1 after improperly capitalizing on the Dominic’s name. The judge ordered the restaurant closed May 14.

The Duke’s Golden Ox menu — submitted as part of an affidavit by Duke Morris — contains Italian dishes such as spaghetti, manicotti and lasagna in addition to steaks and chops.

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