A lawsuit filed by All-American Rathskeller Inc. against the owners of the bar that replaced it at 108 S. Pugh St. has come to an end with an out-of-court settlement.
Rathskeller owner Duke Gastiger filed the trademark infringement suit in July against Trosko Inc. and Tom and Kelley Trosko, proprietors of the location’s current tenant, now known as Doggie’s Pub. The new bar initially opened in July under the name Doggie’s Rathskeller and Garden.
Gastiger argued that keeping the Rathskeller name along with much the same look and feel was trading on the name and history of his business.
On Tuesday, however, the Troskos said in a Facebook post that ‘an amicable agreement’ was reached between both parties to bring an end to the litigation.
‘Rather than spend time in needless legal proceedings, Tom and I look forward to focusing our attention on the future of this establishment, Doggie’s Pub,’ Kelley Trosko said. ‘As we have said from our first announcement, we have undertaken this endeavor with one focus; that is to provide a friendly environment, outstanding service, and a revived music venue.’
Earlier in September, the bar dropped ‘Rathskeller’ from its name. ‘Doggie’s’ is a nod to C.C. ‘Doggie’ Alexander, who purchased it in 1934 and renamed it the All-American Rathskeller.
The Troskos said on Tuesday that restoration work is continuing on the bar’s interior as well as the outdoor Garden at Doggie’s Pub.
‘The Garden will create State College’s most unique outdoor location and provide great times for generations to come,’ the post said.
The post touted various bands who have already performed at the bar since its opening and several who are scheduled to play.
‘Stay tuned for more announcements and the opening of The Garden at Doggie’s Pub at 108 South Pugh Street,’ the Troskos wrote
In an email, Gastiger confirmed that an agreement had been reached. Neither Gastiger nor the Troskos disclosed the terms of the settlement.
‘It’s a legal settlement. End of that story…. we are celebrating the beginning of the new chapter,’ Gastiger wrote.
He did not indicate if he planned to use the Rathskeller name in the future.
The Rathskeller had been in business since 1933 and Gastiger and his wife, Monica, operated the basement bar in 1985. It closed in January after the owners of the building, the Herlocher family, informed them their lease would not be renewed, setting off a public dispute over whether the Gastigers were offered a new lease at all and if an offer had been made to purchase the Rathskeller business.
The Gastigers were forced to close their other business in the building, Spats Cafe, as well. The restaurant specializing in Cajun and Creole dishes has since merged with the Allen Street Grill to form Spats at The Grill.
RE Farm Cafe, the Gastigers planned farm-to-table restaurant at Windswept Farm in Patton Township, is on track for a 2019 opening. The property includes a working farm that will be a community and educational resource, in addition to serving the restaurant.
