On July 30, 2013, Ralph, who also owns the Pompei Little Italy restaurants on the Near West Side, filed a case in U.S. District Court in Chicago against his brother Roger and nephew Jonathan. He said that their restaurant’s name, Pompeii Xpress, infringed upon the Pompei trademark.
In his lawsuit, he also claimed that his family members were misleading patrons by claiming that his restaurant was connected to the Pompei chain.
According to accounts, Jonathan’s Lakeview restaurant also had red script writing, which was previously employed by his uncle’s eatery.
Daniel Tarpey, Ralph’s lawyer, told Chicago Business,
“We waited to file a lawsuit for more than a month, hoping they would act appropriately.”
Jonathan and his father were given an order by U.S. District Judge Robert Gettleman to rename their eatery. Afterward, they gave it the moniker “Davino’s Xpress.” In addition, the judge issued a temporary restraining order against them.
Furthermore, Pompei was founded in 1909 by Luigi Davino, who was also the brand’s pioneer. Additionally, Pompei’s proximity to Our Lady of Pompeii Church served as inspiration for the name.