Joe Muer Seafood Owner Sues To Stop Use Of Name At New Eatery

CLINTON TOWNSHIP, MI — In business, name-recognition can mean everything. At least that’s what Joe Muer Seafood operator Joe Vicari seems to believe after filing a lawsuit against owners of a Clinton Township restaurant that plans to use the Muer name when it opens in April.

Vicari thinks "Muer's Table + Bar" would hurt his business and infringe on trademarks he owns since buying the original restaurant in 2011. The new establishment, which is the product of a partnership including David Muer, is in the Mall at Partridge Creek in Clinton Township.

Vicari is seeking a preliminary injunction. The suit was filed in Macomb County Circuit Court and a hearing is scheduled for March 27. An attorney representing Vicari and his Seafood of Detroit LLC said the new restaurant plans to practice unfair and deceptive conduct.

"For someone to not only utilize the Muer name, but have a similar motif and menu, it could potentially really hurt the business ," attorney Robert Kirk told the Detroit Free Press.

Joe Muer Seafood, which originally operated on Gratiot Avenue, is now located in Detroit’s Renaissance Center. The Free Press reported that Vicari has spent a lot of money maintaining the Muer reputation for serving fine seafood. The lawsuit also says the names "Joe Muer," "Joe Muer Seafood" and "Joe Muer's" are trademarked.

To David Muer, however, the matter isn’t so cut and dry. A relative of Joseph F. Muer, who started the Detroit restaurant in 1929, he believes he is legally allowed to use the Muer name.

Jonathan Frank is an attorney representing David Muer and other defendants. In an e-mail statement to the Detroit Free Press, Frank said the dispute isn’t between members of the Muer family.
"Mr. Vicari is now trying to prevent other restaurants from using the Muer family name,” Frank wrote. “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…

“David Muer respects Mr. Vicari’s right to use 'Joe Muer' and 'Joe Muer Seafood' and has no desire to cause any confusion between his new restaurant and Mr. Vicari’s restaurant."

Photo by alantankenghoe via Flickr Commons