Business & Tech
Pompei Owner Suing Pompeii Xpress, Demanding Closure
The owner of the original Pompei restaurant says he never authorized his brother to open Pompeii Xpress in Lake View, and he's suing to put an end to it.
The days may be numbered for Lake View’s newest restaurant Pompeii Xpress, as the owner of the original Pompei Pizza is suing in hopes of shutting it down.
Pompei Bakery Ltd. President Ralph Davino submitted an official complaint with the District Court of Illinois Tuesday against his brother Roger Davino and nephew Jonathan Davino, the owners of Pompeii Express.
In it he details six laws he believes the owners broke when opening Pompeii Express, ranging from federal trademark infringement to federal unfair competition.
The new restaurant opened just weeks ago 2931 N. Broadway St., offering up a limited menu almost identical to the two Pompei restaurants. Although there were once seven locations, Davino now owns two: one in Chicago’s Little Italy neighborhood and one in Orland Park.
Davino once owned a Pompei location at 2955 N. Sheffield Ave. in Lake View before franchising the rights to DMK Burger Bar owner David Morton in 2004. After it closed in December, Davino told Patch he was upset and might open a new location in Lake View in the future.
But Pompeii Xpress, he says, has nothing to do with him. The complaint reads Davino “did not authorize, and would not authorize,” his brother’s use of his trademarked name, style and menu.
What’s more is Davino says it’s a replica of multiple Pompei Express stores he owned in the late 1990s and 2000s, stores that Roger Davino reportedly worked at.
“In addition to copying and selling unique and distinct items from (Pompei’s) menu at Pompeii Xpress, (the) Defendants also have copied the décor and motif of (Pompei’s) restaurants by using the same color schemes, old family photos and by listing their menu items on a chalk board just like (Pompei has) done for years,” Davino’s lawyer wrote in the complaint.
Neither Roger nor Jonathan Davino could be reached for comment. When Patch called Pompeii Xpress, an employee said he didn't know if the two even came in the restaurant and hung up. Roger Davino and his lawyer said they were not authorized to make a statement at this time.
And according to court documents, getting a hold of Pompeii's owners was equally as hard for Davino’s attorney.
On June 26 he sent a letter to Pompeii Xpress’ owners demanding they stop using Pompei’s trademarked materials by June 7 or they would take court action. Davino’s lawyer says they never responded and continued doing business.
Now they’re demanding Pompeii Xpress be shut down, saying owners need to stop using the name and menu. That’s combined with damages Pompei Bakery, Inc. is seeking, like all the profits generated from using their copyrighted material.
Davino says he’s giving them 30 days to file with the court.
The full list of counts includes:
- Federal Unfair Competition
- Federal Trademark Infringement
- Violation Of The Illinois Uniform Deceptive Trade Practices Act
- Violation Of The Illinois Consumer Fraud And Deceptive Business Practices Act
- Common Law Unfair Competition
- Piercing the Corporate Veil
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