Things Heat Up in the Kitchen (and in Court) for Dominic's

I've had several hits on this site recently because I posted the first story about relatives of the owners of Dominic's and Duke's Golden Ox opening their own restaurant. Apparently a legal battle has begun because of continued in-fighting in the Mantia family (owners of Dominic's). I'm thinking the grand-daughter should have just kept her mouth shut about recipies and let people figure out for themselves whether food tasted familiar or not. Of course, if she in fact is violating an agreement for the sale of her shares in the Dominic's name (and the rights that go with it - recipies) then she seems to have forfeited her grandfather's legacy. On the other hand, I can't believe Anne Mantia was actually going to open another restaurant as much as she says she wants to. Many people claim she's the one that ran the other one into the ground (and then sold out to Miami Valley Hospital). I suppose another scenario is whether a family recipe handed down by the "grandmother" is protected intellectual property for those who garnered them from the grandfather's business. Here's the latest:

From the Dayton Daily News

There have been significant developments in the Dominic’s saga that we wrote about three weeks ago.

Here’s are two stories that are scheduled to run in the Dayton Daily News on Thursday, April 9:

DAYTON — The legacy of Dominic’s Restaurant — and control over the recipes behind the dishes once served there — is the subject of a federal lawsuit that pits the widow of the former owner against the founder’s granddaughter.

In the lawsuit filed against Christie Mantia and her business partners in U.S. District Court on Friday, April 3, Anne Mantia claims her stepdaughter has infringed on the Dominic’s trademark. It also alleges that Christie Mantia has engaged in “unfair competition, … fraud, deceit and misrepresentation” in her involvement in a restaurant slated to open soon at 630 E. Dixie Drive in West Carrollton.

The lawsuit contends that if Christie Mantia and the other defendants “are permitted to continue to violate” Anne Mantia’s rights, “damages will likely exceed $2 million.” It seeks monetary damages and a temporary restraining order.

Christie Mantia told the Dayton Daily News on March 17 that the as-yet-unnamed restaurant for which she serves as general manager would serve dishes based on Dominic’s restaurant’s “original recipes” that were handed down to her by her grandmother, the wife of the restaurant’s founder. Dominic’s had been a mainstay of the Dayton dining scene for five decades before it closed in July 2007.

Christie Mantia said she and business partner Reece Powers had no comment on the lawsuit. But renovations are in full swing, and Mantia said the restaurant remains on schedule to open by April 30.

DAYTON — Anne Mantia, who owned Dominic’s at the time it closed in July 2007 and who has released garlic salad dressing and pasta sauce that includes the Dominic’s name on the labels, has filed a federal lawsuit to prevent her stepdaughter — the granddaughter of the restaurant’s founder — and the stepdaughter’s business partners from using the Dominic’s name or claiming a direct connection to its recipes in their new restaurant venture.

The dispute centers on a new, as-yet-unnamed restaurant that is being renovated at 630 E. Dixie Drive in West Carrollton. Christie Mantia, who is the granddaughter of Dominic Mantia, told the Dayton Daily News March 17 that the restaurant has hired Harry Lee, the chef who cooked those dishes at Dominic’s for 25 years between 1980 and 2005, and would be serving “the original recipes” from Dominic’s. The news was welcomed enthusiastically by readers who commented on the story on the newspaper’s web site that they have been waiting for a Dominic’s rebirth. The restaurant and its garlic-laced Italian salad dressing became a mainstay of the Dayton dining scene for more than 50 years and became a pregame and postgame gathering spot for University of Dayton sports fans.

The West Carrollton restaurant is owned by Reece Powers III, the nephew of the founder and owner of Duke’s Golden Ox, which operated for many years near the former Dominic’s on South Main Street near the Montgomery County Fairgrounds. According to records filed with the Ohio Secretary of State’s office, Powers filed articles of incorporation on Feb. 23 for “Dominic’s Restaurant Inc.” in West Carrollton.

Anne Mantia named Christie Mantia, Harry Lee and Powers as defendants in the lawsuit, claiming they have engaged in trademark infringement, fraud and breach of contract.

The lawsuit says Christie Mantia was a former shareholder of Dominic’s but sold her interest and the right to utilize its name in 2005 to Anne Mantia for $460,000 — $285,000 in cash and $175,000 plus interest to be paid before May 2010. A share redemption agreement spelling out the settlement is attached to a portion of the lawsuit that seeks a temporary restraining order against Christie Mantia.

While Anne Mantia never opened a successor to Dominic’s, she told the Dayton Daily News on March 17 that she’d “love to have a Dominic’s-style restaurant in Dayton … I’ve been talking to people for a long time and waiting to see what happens with the economy. If the right opportunity comes along, I’d like to do it.”

An excerpt from the lawsuit states that:

The founder of Dominic’s, Dominic Mantia, opened the restaurant on March 17, 1957, andn along with the help of his won,Dick Mantia, and Dick’s wife, Anne B. Mantia, created a Dayton landmark over the next 50 years. Following the death of Dick Mantia, Anne B. Mantia has continued to guide the company by applying the solid work ethic of Dick and Dominic, and by establishing a Copyright-protected image, and marketing the fine sauces, dressings, and other goods from the original recipes and good will of the family’s restaurant business.

Christie Mantia and Powers declined comment on the lawsuit Wednesday, April 8, as they oversaw renovations and talked with vendors inside the new restaurant. Mantia said the restaurant is on schedule to open by the end of April.

The lawsuit has been assigned to Judge Thomas Rose of the U.S. District Court’s Southern District in Dayton. Online court records suggest that no date has yet been set on a hearing on the temporary restraining order.

Comments

[Ric Mantia]

Anne did not marry Dick Mantia until 1983. She was not involved in builing up Dominic's.Dominic's recipes were taught to Christie and Rick by their grandmother, in a manner of a loving grandparent to grandchildren in the 1960's as children prior to Anne Mantia, prior to any employer-employee relationship, and prior to any post employment contract. Dominic's recipes were given to him when he was a child also.
Although the grandfather Dominic's recipes were mentioned in the press, no reference was made to the name of the restaurant to be opened by Christie Mantia and her partner, no logo likeness was displayed, and no harm has occured. I believe sales of Anna Mantia's branded Garlic Dressing and Sauce have actually increased as a result of Christie Mantia's/Reese Powers planned restaurant announcement. You cannot unbrand your Mantia name, or never mention your grandfather Dominic's name as the result of a contract. Grandfather Dominic's recipes were mentioned- not Dominic's Restaurant.

[jim c.]

I was a patron at Dominic's for many years. The last couple of years it was open, one never knew if upon arrival, if the place was going to be open or not. Rumor has it that the owner would close as soon as She had enough money to cover a night at the "boat".

[ron]

I was part of the duo (ron and terry) that played at Dominics restaurant from 1968-1971..I am so sorry to hear of Dick and Sonny's passing..What a great time we had entertaining the wonderful customers of that special era!..It was, and will always be, our favorite gig!..I wish the best to you all.