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Judge orders Duke’s restaurant to shut down
A federal judge this afternoon, May 14, ordered Duke’s restaurant in West Carrollton to shut down.
Judge Thomas M. Rose ruled that the restaurant’s owner, Reece Powers III, and its chef, Harry Lee, violated a temporary restraining order when they opened the restaurant on May 1.
Rose’s temporary order banned Powers and Lee from using the term “Dominic’s” in connection with the new restaurant.
“Powers, Lee and DRI were well aware of the controversy regarding the use of the name ‘Dominic’s,’ and yet ordered food and supplies using the ‘Dominic’s’ name, had their credit card machine set up using the ‘Dominic’s’ name, and incorporated in Ohio using the name ‘Dominic’s Restaurant Inc.’,” Rose’s ruling said.
“Although Powers states otherwise, there is evidence that, prior to issuance of the (temporary restraining order), Powers, Lee and DRI intended to open the restaurant under the name ‘Dominic’s’ or in close association with the name ‘Dominic’s,’” the judge said.
As a result, Rose said he “will draft new, broader injunctive relief in an attempt to ensure that Powers, Lee and DRI will not have the opportunity to infringe on the plaintiff’s rights in the future.” The request to shut down is a part of that broader relief, as Rose orders Lee, Powers and their employees “to immediately cease and desist from the operation of the restaurant at 630 E. Dixie Drive in West Carrollton, Ohio.”
The plaintiff in the case is Anne B. Mantia, who was the sole owner of Dominic’s Restaurant when it shut down after a 50-year run in 2007. Her lawsuit against Powers, Lee and her stepdaughter, Christie Mantia, led to the April 20 temporary restraining order. Christie Mantia is still a part of the lawsuit but was not a part of today’s ruling because she left the restaurant’s employment before it opened.
Dennis Lieberman, who represents Powers and Lee, declined immediate comment Thursday afternoon, saying he will consult with his clients.
James Morris, Anne Mantia’s attorney, said, “We are pleased that the Court recognized the seriousness of the defendants’ actions and that it has taken steps it deems appropriate to enforce its prior order.”
The next hearing in the case is scheduled for June 8, when the judge will be asked to take an intermediate step toward making the current temporary order a permanent one.
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