Muers Table Bar infringes on trademarks and deceptively confuses the public, according to the lawsuit filed in Macomb County Circuit Court.For someone to not only utilize the Muer name, but have a similar motif and menu, it could potentially really hurt the business (of Joe Muer Seafood), said Robert Kirk, an attorney representing plaintiff Seafood of Detroit LLC.Muer, who opened his namesake restaurant on Oct.Gratiot Avenue in Detroit.
An attorney for the defendants, Jonathan Frank, said late Tuesday that David Muer is legally allowed to open a new restaurant using the Muer name. The original restaurant operated under three generations of the Muer family before closing in 1998. Later that year, restaurateur Joe Vicari, principal of Seafood of Detroit LLC, opened Joe Muer Seafood in Detroits Renaissance Center. The lawsuit says Vicari has spent large sums of money on advertising and to maintain the Muer reputation for serving fine seafood. It also says the names Joe Muer, Joe Muer Seafood and Joe Muers are trademarked. The lawsuit alleges that even the new restaurants decor and menu which is purported to include original Joe Muer recipes is designed to fool the public. It has a black-and-white checkered floor, lobster tank, fireplace and other design elements associated with Joe Muer Seafood, the lawsuit says. Defendants unfair and deceptive conduct will deprive plaintiff of profits and the opportunity for further business expansion if not immediately and permanently enjoined, the lawsuit says. Along with David Muer, the defendants are Muers Table Bar LLC, Muer Seafood LLC, Karet Projects LLC, Thomas Lefevre and Jerome T. Moffitt, a former deputy county treasurer who is involved in the project. Frank, the defendants attorney, said in an e-mail: This dispute is not between members of the Muer family. The lawsuit was started by Joe Vicari, who purchased the right to use Joe Muer and Joe Muer Seafood from Joe Muer in 2011. Mr. Vicari is now trying to prevent other restaurants from using the Muer family name. But David Muer, a longtime Detroit-area restaurateur, has every right under state and federal law to open a restaurant operating under the Muer name, as have other family members Chuck Muer and Susan Muer, along with the Kruse and Muer chain. David Muer respects Mr. Vicaris right to use Joe Muer and Joe Muer Seafood and has no desire to cause any confusion between his new restaurant and Mr. Vicaris restaurant. A hearing has been scheduled for 8:30 a.m. March 27 before Judge Kathryn Viviano. Contact staff writer Ann Zaniewski at 313-222-6594 or azaniewskifreepress.com. Follow her on Twitter: AnnZaniewski. View Comments Staff Directory Careers Accessibility Support Site Map Legals Our Ethical Principles Terms of Service Privacy Policy Your California Privacy Rights Privacy Policy Do Not Sell My Info Cookie Policy Contact Us Support Local Businesses Advertise Your Business Advertising Terms and Conditions Buy and Sell Help Center Subscriber Guide My Account Give Feedback Subscribe Today Newsletters Mobile Apps Facebook Twitter E-Edition Storytellers Archives RSS Feeds Jobs Cars Classifieds Education Renvy.com Michigan.com Reviewed 10Best Reach Local 2020 www.freep.com. All rights reserved.
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