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Both sides urge judge to allow Duke’s to reopen
DAYTON — Attorneys for both sides of a civil lawsuit urged a federal judge on Monday, June 22 to allow Duke’s Restaurant in West Carrollton to reopen, but with one key difference.
The attorney for former Dominic’s restaurant owner Anne B. Mantia wants the judge to limit the Duke’s menu so the new restaurant doesn’t serve dishes similar to those once served at the former Dominic’s. The attorney for Duke’s owner Reece Powers III wants no such restrictions.
U.S. District Judge Thomas M. Rose heard testimony from Mantia and from three employees of Duke’s as part of the hearing on whether to grant Mantia a preliminary injunction in the trademark-infringement case. The case has already resulted in a court order shutting down Duke’s, which opened May 1 but was forced to close two weeks later. Rose did not rule immediately Monday but told attorneys he would issue a ruling later this week.
A preliminary injunction, if granted, would mark an intermediate step between the existing temporary restraining order that forced the restaurant to close and a potential permanent injunction. Attorneys have not yet taken up the issues involving possible monetary damages in the case in which Anne Mantia sued Powers along with Duke’s (and former Dominic’s) chef Harry Lee and Christie Mantia, the granddaughter of Dominic’s founder Dominic Mantia. Christie once co-owned Dominic’s with Anne Mantia — her former stepmother — before accepting a $460,000 buyout offer that required her to refrain from using the name “Dominic’s.”
Powers’ attorneys said in court that Christie Mantia was terminated before Duke’s opened and is no longer involved with the restaurant. On Monday, Christie Mantia’s attorney, Nicholas Subashi of Dayton, asked the judge to throw out the case against his client, arguing it was based solely on a March 19 Dayton Daily News article in which Christie says the new, then-unnamed restaurant would be similar to Dominic’s and would be serving Dominic’s original recipes.
Judge Rose did not issue an immediate ruling on the case against Christie.
Thomas Intili, attorney for Powers and Lee, said the restaurant has done everything possible to purge any references or connection with Dominic’s — including dissolving the corporation set up by Powers that had been named “Dominic’s Restaurant Inc.” — and thus should be allowed to reopen with no menu restrictions.
But James Morris, Anne Mantia’s attorney, argued that actions and statements by Powers and Christie Mantia improperly sought to capitalize on the Dominic’s connection.
“There’s still substantial confusion among the customer base,” Morris said. “Yes, we want the restaurant to reopen. No, we don’t want them to serve the items served by Dominic’s.”
Intili said there’s “nothing novel or unique about Italian food” and noted that the forced closure has been an extreme hardship on former Duke’s employees. He said any court order extending the forced closure pending the outcome of the case would likely “spell the end of Duke’s restaurant.”
Duke’s employees Hillary Harber of West Carrollton, Terri Gray of Moraine and Erin Harvey of Springboro testified about the financial hardships they’ve endured since the restaurant was forced to close. Harber, a cook, said she was “about to be evicted from my home” and may have to return to Tennessee soon because of the financial hardship. Gray, a server, said she has medical bills she cannot pay but has not looked for another job because she holds out hope Duke’s will be allowed to reopen.
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