Court Orders Pompeii Xpress to Change Name After Lawsuit

By Andy Ambrosius

A federal judge issued a temporary restraining order Monday against the owners of Lake View’s new Pompeii Xpress restaurant, mandating that they stop using the name within 48 hours.

Pompei Bakery Ltd. President Ralph Davino submitted an official complaint with the District Court of Illinois on July 30 against his brother Roger Davino and nephew Jonathan Davino, the owners of Pompeii Xpress.

In it, he detailed six laws he believes the owners broke when opening Pompeii Xpress, ranging from federal trademark infringement to federal unfair competition.

The new restaurant opened last month at 2931 N. Broadway St., offering up a limited menu almost identical to the two Pompei restaurants—one was formerly on Sheffield Avenue, not far from Lincoln Park's border of Diversey Parkway.

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Although there were once seven locations, Davino now owns two: one in Chicago’s Little Italy neighborhood and one in Orland Park.

Now the restraining order is telling the owners to completely remove the name from any signage, menus, web sites, advertising or marketing materials by Wednesday at noon.

A hearing is also set for Monday at 11:30 a.m.

U.S. District Judge Robert W. Gettleman says “Plaintiffs have established a reasonable chance of prevailing on the merits of their case because they have established a protectable interest in their trademarks and trade dress and a likelihood of confusion among consumers if Defendants are permitted to continue using the name ‘Pompeii’ in connection with operating a restaurant serving casual Italian food.”

Looking for background information? We've got it.

• Owner of Sheffield's Former Pompei Sues Brother, Claiming 'Trademark Infringement'
• Bitter Closure Leads Replacement for Sheffield's Pompei