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Judge orders Kettering sports bar to shut down | Taste: Dayton food and restaurants
 

Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > October > 26 > Entry

Judge orders Kettering sports bar to shut down

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.

kettering sports bar

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.

Permalink | Comments (53) | Categories: Local restaurant news

Comments

By GET OVER IT ALREADY

October 27, 2009 9:48 AM | Link to this

OK all of the negative writers on this blog! Obviously you all have nothing better to do than write derogatory things about All Stars because “YOUR” self owned businesses are doing so wonderful and your bank account is overwhelming with a great cash flow. A new business takes time to get off the ground and get the appropriate workers to make the business work…so those that think All Stars has “poor service” PLEASE go get an application and get hired and show US how it works…all talk and no action got to love the “know it alls” so if I figure it, you are probably sitting on your a*s collecting welfare and pointing your finger. Too many Chiefs, not enough Indians!!!!!

By the Gambler of Madison Cty, Lucille

October 27, 2009 6:56 AM | Link to this

Without SKITTLES- a sports bar is merely sport. The banks of tvs— synapses of the neurons 20 miles within the Sham-WOW!! Guy. Buy local, think, yokel

By Tim

October 27, 2009 5:33 AM | Link to this

There is no way the bar is taking business away from 8-ball. Take a look at the clientel in 8-ball and vice-versa. Two completely different clientel. No one from Kettering could find this place in person, or a map.

By gibby

October 27, 2009 5:08 AM | Link to this

I agree with Miss K. The service was by far the worst I have ever encountered. The food was lousy and I agree, having items for sale out front speaks of the class inside.

By null

October 27, 2009 5:00 AM | Link to this

My prediction: 8-Ball’s will close, regardless of the whining and crying. I’ll be they’re having problems and need something to blame it on. I’ve been to All Sports, thought the wings weren’t all that bad and the beer was cold, pretty darn delicious if you ask me.

By Steve

October 27, 2009 12:40 AM | Link to this

The fact remains that people are out of work for no good reason. Nobody in Kettering is driving to Salem ave. for wings and nobody on Salem ave. is driving to Kettering for wings. The two are mutually exclusive. I have lived in south Dayton (k-town c-ville)for 13 years and can count on one hand the amount of times i have been on Salem ave.

By rj

October 26, 2009 11:37 PM | Link to this

So glad the guv’mint has a RED……..Restaurant Enforcement Division…..

By Jon JMA Landscapin

October 26, 2009 10:51 PM | Link to this

I’ll buy the bar and put it in my name and have Todd run the place. Is that OK

By John

October 26, 2009 9:18 PM | Link to this

This 8 Ball and Wings owner claims he’s lost $25,000 in revenue. Now who’s lying? I bet that place does not do $25,000 in business a month. If All Stars opened last month, there’s no way 8 Ball could have experienced that kind of lost.

By RJones61

October 26, 2009 7:23 PM | Link to this

Ive been to both places. 8Ball has around 12 to 20 pool tables…Isnt that more of a Pool Hall than a Sports Bar? Why shut down All-Stars? Hicks did the Kettering community a favor by purchasing a building that had been going to waste for almost 2 years..Just doesnt make sense…Take All-Stars to Atlanta Georgia and set up shop next to NCR

By Miss K

October 26, 2009 6:05 PM | Link to this

Having eaten at the All Star I can say it wasn’t that great anyway. The service was lousy and the food was just okay. No big loss in my opinion… but we all know what they say about opinions…

By Patrick

October 26, 2009 5:08 PM | Link to this

Part of buying a business is paying for the customers that come with it. If you sign a non-compete agreement and then break that agreement, it is a big deal. This guy could have spent his life savings on this deal. And yes it could affect business. People that live in the middle (15 minutes or 10 miles from each) could be lured to the new place because that was their old bartender. The original owner can’t get the money from the sale (under conditions) and the money from opening a new place within the boundary. Dirty play.

By Erin

October 26, 2009 4:56 PM | Link to this

Bing says 20 miles on the dot and 29 mins to get to and from one another. I agree that a contract is a contract, now the question is… is it at least 20 miles or more to be legal?

By Intellectually_Independent

October 26, 2009 4:53 PM | Link to this

sorry folks, im pulling the race card. cuz if the situation was the inverse, im sure people would still be against anything in trotwood (mainly cuz its mostly Black in that area). seriously, saying wilmington pike is better than salem ave is like saying the Indians were better than the Reds this year.

By mattz

October 26, 2009 4:38 PM | Link to this

the man gave his word that he would not open a store with in 20 miles. Why did he break his word?

By Idiots

October 26, 2009 4:38 PM | Link to this

This is stupid. 8Ball’s new owner is doing this because he’s mad that he bought a crappy business that can’t make money. There is no way the other guys place in Kettering is taking away his business. If anyone wanted real wings anyway, they’d go to Frickers that is way closer to Trotwood.

By whatever.

October 26, 2009 4:37 PM | Link to this

the guy didn’t lose business because of the opening of this restaraunt. its a mere 5 miles. get over it? people just need to wake up and realize the real important issues in the dayton area. like hmm, sueing this guy because he shot and killed this guy. like seriously?

By Rob

October 26, 2009 4:28 PM | Link to this

It ain’t a little thing guys…20 miles is twenty miles. He chose to agree to that limitation and the Court must enforce it. Seriously, 20 miles isn’t that onerous of a restriction. I don’t care how good the new place is or how bad the old place became…the law is the law.

By your joking

October 26, 2009 4:25 PM | Link to this

Hey, you got to be joking? I just left the All Stars (very good wing bty) and pulled up the Salem Ave. location on my GPS. It is 20 miles exactly. I’m not sure what this Summerset person is thinking? There is no way he could be loosing money due to the Kettering operation.

By Geno

October 26, 2009 4:10 PM | Link to this

I bet business ain’t so happening at the bar in Trotwood (a hub of economic growth) so a little jealousy got in the way because the former partner made enough money to buy a new boat or something so bad businessman #1 sues good businessman #2…who happens to open a place in a relatively vibrant area with less likely hood of getting robbed as well. Am I getting warm here? Are you selling any Italian food by the way? Thats only allowed by Annie (Mantia) Rose

By Scott

October 26, 2009 3:58 PM | Link to this

It’s cases like this that is should be no surprise why the rest of the world hates the USA. We sue over the smallest things.

By please wake up

October 26, 2009 3:55 PM | Link to this

like really how can u shut down a place? on the grounds of 8balls? wth.. .that place looks like its shut down . thru out the week anyway… plus there are oher sports bars in the area, like Roasters’s(north main) ,BW3(englewood)… haha look at the Dixie strip.. i mean like really. maybe the guy should have bought the muffler shop on the corner across the street .. bad investment Mr. dumbset you know it and trotwood know it.. point the blame else where / values at hand.. so with allstar having a freeze.. is 8balls owner going too hire those workers? think not.. he just going too wait till a bike night , or barbers , better yet stinky steeler fans too stop pass for a few brews..or maybe the buisness will pick up after the greyhound hub? a site too see….. time for a change folks

By Scott

October 26, 2009 3:39 PM | Link to this

It may be less than 20 miles from Kettering, but takes more than 30 minutes to get to. Makes zero sense to me. Again more important “people” are awaiting trial. This is not as important.

By John

October 26, 2009 3:36 PM | Link to this

This is absolutely incredible! With this regions current economic woes; were talking about closing a sports bar (a good one at that), and putting more people out of work. How stupid can this region be? I bet without a doubt that All Stars has not taken any of the bar in Trotwood’s revenue! For the new owner to suggest a thing is outrageous and inexcusable. Further, if the owner of the bar in Trotwood thinks he’s losing clientele to a sports bar in Kettering is beyond belief. Tell the judge to leave well enough alone, and keep as many people working in the region as possible.

By Mike

October 26, 2009 3:28 PM | Link to this

Mapquest says 15.69 miles.

By reader

October 26, 2009 3:26 PM | Link to this

These “food fights” with various restaurants are getting really stupid. Why when I live on the south side of town do I want to drive clear to the other side of town (north) just to go to a sports bar? Seriously people, quit suing each other and get a life. There are a lot of “sports” bars around. BW3 for instance. Stop the fueding and start worrying about more important things.

By null

October 26, 2009 3:08 PM | Link to this

This Hicks dude, is going to lose his shirt. He sold his Trotwood business signing a non complete, I guess he dose not know to know read a map, or his attoney is really bad. It’s not about how bad Trotwood is, it’s about the contact Hicks he broke. Oh Kettering is quickly becoming just like Trotwood, not a place “working people” want to live. It’s just as much drugs in Kettering.

By he's right

October 26, 2009 3:06 PM | Link to this

He’s right…a non compete is a very simple document to understand. Any why did he need to be the owner on paper? Just dumb. There are very simple ways to “hide ownership” or have indirect ownership in something while a non compete is in place. It’s called a straw man Hicks…you should have found one. You could have easily siphoned off profits (if there were any) using the title “vendor” or “consulting fees”

By Why?

October 26, 2009 2:42 PM | Link to this

I think a lot of you are missing the point here. It doesn’t matter if 8-ball is in Trotwood, and it doesn’t matter if the place in Kettering had terrible service. And as far as this court case goes, it doesn’t matter if everybody involved does blow all the time. The only part that matters is that the new bar is only 12 or 13 miles (driving, not as the crow flies) from the old bar. That means that legally, Hicks couldn;t open the bar. He should have used his brain and had somebody else “own” it until the non-compete expired and then made a transfer to his name.

By Scott

October 26, 2009 2:36 PM | Link to this

I’ve lived in Kettering for 16 years and thought Trotwood / Salem Mall area was more than 20 miles from Kettering. From an advertising perspective the Kettering location is focusing on an entirely different area (the south Dayton area) so this should effect the business in Trotwood none. We have people in jail who will now wait while this goes to court? Why?

By Huh

October 26, 2009 2:35 PM | Link to this

Well, knowing someone who works there as a server, and knowing that person’s habits, it wouldn’t shock me at all to have seen a server in the bathroom doing a line, or out in the lot smoking a blunt. Place is in a bad spot anyhow, hard to get into, and (as someone else said) there are 785 other sports bars in the neighborhood. Come up with something original. Sheesh.

By cindy

October 26, 2009 2:32 PM | Link to this

I can’t believe they are doing this. Kettering needed a good place to eat and they finally have one. I think the owner of 8-balls and wings should close it’s doors. they are not that close and I have never been to that place nor will I ever . Hope sad that a judge could be so stupid.

By null

October 26, 2009 2:23 PM | Link to this

Well if no new business are allowed to open the economy is never going to recover. This is getting a little ridiculous.

By ed

October 26, 2009 2:23 PM | Link to this

Jerry the mgr of the pine club just got beat up sat. Maybe u need to go to the oakwood club

By null

October 26, 2009 2:23 PM | Link to this

Well if no new business are allowed to open the economy is never going to recover. This is getting a little ridiculous.

By Bosch's Poodle

October 26, 2009 2:13 PM | Link to this

This is a terrible blow to the diversity of Dayton’s dining scene. Does anybody know of any other places that sell beer and deep fried wings and have TVs on the wall? I’m searching my brain and I can only think of 785 other places.

By Jerry

October 26, 2009 2:05 PM | Link to this

Seems safer than going to Pine Club!

By ??????

October 26, 2009 2:03 PM | Link to this

In this economy I think we would all work together to keep businesses working, guess all of you commenting must collect welfare and do not care if businesses succeed……damn shame!!!!

By check the urban dictionary

October 26, 2009 1:54 PM | Link to this

Maybe the new owner changed the menu and that’s why sales are down. Based on the name, I always thought “8-Ball and Wings” sold cocaine and chicken wings. Or is it Olde English 800 Malt Liquor and chicken wings?

By Janice

October 26, 2009 1:30 PM | Link to this

The wings at the Kettering location are just ok. I agree, nobody is going to drive across town to a sports bar to get wings, you’ll pass plenty of other places.

By Larry

October 26, 2009 1:26 PM | Link to this

This isn’t even close. 15.63 miles apart is not 20 miles. Follow the contract you agreed to. If you wanted to open a new place in Kettering, you should have reduced the mileage to 15.

By Rob

October 26, 2009 1:21 PM | Link to this

The non-compete is iron clad. 20 miles is twenty miles…the courts will look at that as a reasonable restriction given that nearly the entire United States of America lies outside that twenty mile radius. The only possible quibble point is whether or not that is twenty road miles or “as the crow flies” miles.

By the wingmaster

October 26, 2009 1:18 PM | Link to this

not a big deal. the wings werent that good anyway, but the place is full of flat sceen t.v.’s. which makes it a great place 4 a game and some beers.

By UrbanDweller

October 26, 2009 1:12 PM | Link to this

I have to call bu11s*it on this one. With all the sports bars already around the Kettering area, I seriously doubt anyone was going up to Trotwood before All-Sports opened. I also doubt that anyone in the Trotwood area that frequented 8-Ball is now coming down to Kettering. $50 says the ‘loss of revenue’ has nothing to do with All-Sport opening but more to do with 8-Ball’s current location.

By SneakyPete

October 26, 2009 1:07 PM | Link to this

There is just not good reason to goto a bar on Salem ave. vs on Wilmington Pike. I for one would never goto Salem ave. for any reason…not food, shopping, anything! — Dayton is a dump + 100x more unsafe than Wilmington Pike in Kettering. Kettering is no gem…but when comparing the 2…there is no comparison.

By Julie

October 26, 2009 1:04 PM | Link to this

Never heard of either of these places, but now that I have, I’ll steer clear of both businesses.

By giftcert

October 26, 2009 1:01 PM | Link to this

you got $50 in gift cards….hahahahahahahahahahahahahahahahahahahahahahahahaha! this location has been plagued every since Grindstone’s ran it into the ground

By Why?

October 26, 2009 12:37 PM | Link to this

Seems kind of dumb to open a new sports bar within 20 miles of your old one when YOU KNOW you signed a non-compete. I wonder if there was a time limit on it. Like “within one year” or something.

By not happy

October 26, 2009 12:36 PM | Link to this

I just got $50 dollars worth of certificates to this place from dayton news source and now it looks like I am out of the money.

By not happy

October 26, 2009 12:35 PM | Link to this

I just got 50 worth of certificates from dayton news source and now it looks like I am out of the money.

By Snake

October 26, 2009 12:34 PM | Link to this

Given the socio-economic class of people who live around and patronize the sports bar on Salem Ave, I DOUBT SERIOUSLY ANY OF THEM have stopped going there and now frequent the one in Kettering. Come on, Somerset, your place obviously sux and you just can’t get any business in there. DON’T blame Hicks and cry foul. Look at YOUR operation first.

By jeml

October 26, 2009 12:34 PM | Link to this

I don’t think Somersets loss in revenue is because of the bar in Kettering. Two completely different clientele would go to either Salem Ave.or Kettering.

By Mr. Botulism

October 26, 2009 12:31 PM | Link to this

If the guy doesn’t know 20 miles, I’m not so sure I would want to eat his food.

 

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